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COMMISSION REGULATION (EC) No 1444/2007
of 6 December 2007
fixing the maximum export refund for white sugar in the framework of the standing invitation to tender 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 5 December 2007, it is appropriate to fix a maximum export refund 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 5 December 2007, the maximum export refund for the product referred to in Article 1(1) of Regulation (EC) No 1060/2007 shall be 433,98 EUR/t.
Article 2
This Regulation shall enter into force on 7 December 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 December 2007. | [
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Commission Regulation (EC) No 1703/2003
of 26 September 2003
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1947/2002(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 27 September 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 September 2003. | [
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COMMISSION REGULATION (EC) No 967/2005
of 23 June 2005
fixing the maximum reduction in the duty on maize imported in connection with the invitation to tender issued in Regulation (EC) No 868/2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 12(1) thereof,
Whereas:
(1)
An invitation to tender for the maximum reduction in the duty on maize imported into Spain from third countries was opened pursuant to Commission Regulation (EC) No 868/2005 (2).
(2)
Pursuant to Article 7 of Commission Regulation (EC) No 1839/95 (3) the Commission, acting under the procedure laid down in Article 25 of Regulation (EC) No 1784/2003, may decide to fix maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 6 and 7 of Regulation (EC) No 1839/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.
(3)
The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum reduction in the import duty 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
For tenders notified from 17 to 23 June 2005, pursuant to the invitation to tender issued in Regulation (EC) No 868/2005, the maximum reduction in the duty on maize imported shall be 24,96 EUR/t and be valid for a total maximum quantity of 148 300 t.
Article 2
This Regulation shall enter into force on 24 June 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 June 2005. | [
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COMMISSION DECISION
of 10 December 2007
amending Decisions 2006/687/EC, 2006/875/EC and 2006/876/EC as regards the reallocation of the Community’s financial contribution to certain Member States for their programmes for the eradication and monitoring of animal diseases and for checks aimed at the prevention of zoonoses for 2007
(notified under document number C(2007) 5985)
(2007/851/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 Articles 24(5) and (6), and Articles 29 and 32 thereof,
Whereas:
(1)
Decision 90/424/EEC lays down the procedures governing the Community’s financial contribution for programmes for the eradication, control and monitoring of animal diseases and zoonoses.
(2)
Commission Decision 2006/687/EC of 12 October 2006 on programmes which qualify for a Community financial contribution in 2007 for the eradication and monitoring of certain animal diseases, for the prevention of zoonoses, for the monitoring of TSEs as well as programmes for the eradication of BSE and scrapie (2) sets out the proposed rate and maximum amount of the Community’s financial contribution for each programme submitted by the Member States.
(3)
Commission Decision 2006/875/EC of 30 November 2006 approving programmes for the eradication and monitoring of animal diseases, of certain TSEs, and for the prevention of zoonoses presented by the Member States for the year 2007 (3) and Commission Decision 2006/876/EC of 30 November 2006 approving programmes for the eradication and monitoring of animal diseases, of certain TSEs, and for the prevention of zoonoses presented by Bulgaria and Romania for the year 2007 and amending Decision 2006/687/EC set out the maximum amount of the Community’s financial contribution for each programme submitted by the Member States.
(4)
The Commission has assessed the reports forwarded by the Member States on the expenditures of those programmes. The results of that assessment show that certain Member States will not utilise their full allocation for 2007 while others will spend in excess of the allocated amount.
(5)
The Community’s financial contribution to certain of those programmes therefore needs to be adjusted. It is appropriate to reallocate funding from programmes of Member States, which are not using their full allocation to those that are exceeding it. The reallocation should be based on the most recent information on the expenditure actually incurred by the concerned Member States.
(6)
Decisions 2006/687/EC, 2006/875/EC and 2006/876/EC should therefore be amended accordingly.
(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
Annexes I to V to Decision 2006/687/EC are amended in accordance with the Annex to this Decision.
Article 2
Decision 2006/875/EC is amended as follows:
1.
Article 1 is amended as follows:
(a)
Paragraph 2 is amended as follows:
(i)
In point (d), ‘EUR 1 200 000’ is replaced by ‘EUR 790 000’;
(ii)
In point (e), ‘EUR 1 850 000’ is replaced by ‘EUR 900 000’;
(iii)
In point (g), ‘EUR 4 850 000’ is replaced by ‘EUR 4 100 000’;
(b)
In paragraph 3, ‘EUR 600 000’ is replaced by ‘EUR 450 000’;
2.
Article 2(2) is amended as follows:
(a)
In point (a), ‘EUR 3 500 000’ is replaced by ‘EUR 5 500 000’;
(b)
In point (b), ‘EUR 1 100 000’ is replaced by ‘EUR 1 950 000’;
(c)
In point (c), ‘EUR 2 000 000’ is replaced by ‘EUR 3 000 000’;
(d)
In point (d), ‘EUR 95 000’ is replaced by ‘EUR 20 000’;
(e)
In point (e), ‘EUR 1 600 000’ is replaced by ‘EUR 1 280 000’;
3.
Article 3(2) is amended as follows:
(a)
In point (a), ‘EUR 3 000 000’ is replaced by ‘EUR 8 000 000’;
(b)
In point (b), ‘EUR 2 500 000’ is replaced by ‘EUR 2 950 000’;
(c)
In point (c), ‘EUR 1 100 000’ is replaced by ‘EUR 1 550 000’;
4.
Article 4(2) is amended as follows:
(a)
In point (b), ‘EUR 400 000’ is replaced by ‘EUR 1 600 000’;
(b)
In point (c), ‘EUR 35 000’ is replaced by ‘EUR 85 000’;
(c)
In point (e), ‘EUR 2 300 000’ is replaced by ‘EUR 4 800 000’;
(d)
In point (f), ‘EUR 225 000’ is replaced by ‘EUR 425 000’;
5.
Article 5 is amended as follows:
(a)
Paragraph 2 is amended as follows:
(i)
In point (a), ‘EUR 5 000 000’ is replaced by ‘EUR 5 900 000’;
(ii)
In point (b), ‘EUR 200 000’ is replaced by ‘EUR 570 000’;
(iii)
In point (c), ‘EUR 4 000 000’ is replaced by ‘EUR 5 000 000’;
(iv)
In point (e), ‘EUR 1 600 000’ is replaced by ‘EUR 1 220 000’;
(b)
In paragraph 3, ‘EUR 650 000’ is replaced by ‘EUR 200 000’;
6.
Article 6(2) is amended as follows:
(a)
In point (a), ‘EUR 4 900 000’ is replaced by ‘EUR 8 000 000’;
(b)
In point (b), ‘EUR 160 000’ is replaced by ‘EUR 360 000’;
(c)
In point (c), ‘EUR 1 300 000’ is replaced by ‘EUR 1 400 000’;
(d)
In point (d), ‘EUR 600 000’ is replaced by ‘EUR 1 100 000’;
7.
Article 7(2) is amended as follows:
(a)
In point (a), ‘EUR 660 000’ is replaced by ‘EUR 550 000’;
(b)
In point (c), ‘EUR 250 000’ is replaced by ‘EUR 500 000’;
(c)
In point (g), ‘EUR 2 000 000’ is replaced by ‘EUR 960 000’;
(d)
In point (h), ‘EUR 875 000’ is replaced by ‘EUR 550 000’;
(e)
In point (i), ‘EUR 175 000’ is replaced by ‘EUR 0’;
(f)
In point (j), ‘EUR 320 000’ is replaced by ‘EUR 590 000’;
(g)
In point (m), ‘EUR 60 000’ is replaced by ‘EUR 110 000’;
(h)
In point (q), ‘EUR 450 000’ is replaced by ‘EUR 20 000’;
(i)
In point (r), ‘EUR 205 000’ is replaced by ‘EUR 50 000’;
8.
Article 8(2) is amended as follows:
(a)
In point (a), ‘EUR 800 000’ is replaced by ‘EUR 1 100 000’;
(b)
In point (b), ‘EUR 500 000’ is replaced by ‘EUR 650 000’;
9.
In Article 9(2)(a), ‘EUR 250 000’ is replaced by ‘EUR 350 000’;
10.
In Article 10(2), ‘EUR 120 000’ is replaced by ‘EUR 350 000’;
11.
Article 12(2) is amended as follows:
(a)
In point (c), ‘EUR 160 000’ is replaced by ‘EUR 310 000’;
(b)
In point (d), ‘EUR 243 000’ is replaced by ‘EUR 460 000’;
(c)
In point (j), ‘EUR 510 000’ is replaced by ‘EUR 900 000’;
(d)
In point (n), ‘EUR 10 000’ is replaced by ‘EUR 15 000’;
(e)
In point (t), ‘EUR 121 000’ is replaced by ‘EUR 46 000’;
(f)
In point (x), ‘EUR 130 000’ is replaced by ‘EUR 200 000’;
(g)
In point (y), ‘EUR 275 000’ is replaced by ‘EUR 1 125 000’;
12.
Article 13(2) is amended as follows:
(a)
In point (b), ‘EUR 1 059 000’ is replaced by ‘EUR 1 320 000’;
(b)
In point (c), ‘EUR 1 680 000’ is replaced by ‘EUR 1 950 000’;
(c)
In point (f), ‘EUR 1 827 000’ is replaced by ‘EUR 1 650 000’;
(d)
In point (g), ‘EUR 10 237 000’ is replaced by ‘EUR 9 100 000’;
(e)
In point (i), ‘EUR 6 755 000’ is replaced by ‘EUR 6 410 000’;
(f)
In point (j), ‘EUR 3 375 000’ is replaced by ‘EUR 3 000 000’;
(g)
In point (k), ‘EUR 348 000’ is replaced by ‘EUR 530 000’;
(h)
In point (s), ‘EUR 3 744 000’ is replaced by ‘EUR 244 000’;
(i)
In point (t), ‘EUR 2 115 000’ is replaced by ‘EUR 2 940 000’;
(j)
In point (v), ‘EUR 1 088 000’ is replaced by ‘EUR 610 000’;
13.
Article 14(2) is amended as follows:
(a)
In point (d), ‘EUR 500 000’ is replaced by ‘EUR 50 000’;
(b)
In point (g), ‘EUR 713 000’ is replaced by ‘EUR 413 000’;
(c)
In point (i), ‘EUR 800 000’ is replaced by ‘EUR 70 000’;
(d)
In point (j), ‘EUR 150 000’ is replaced by ‘EUR 65 000’;
(e)
In point (o), ‘EUR 328 000’ is replaced by ‘EUR 530 000’;
(f)
In point (p), ‘EUR 305 000’ is replaced by ‘EUR 45 000’;
14.
Article 15(2) is amended as follows:
(a)
In point (c), ‘EUR 927 000’ is replaced by ‘EUR 827 000’;
(b)
In point (e), ‘EUR 1 306 000’ is replaced by ‘EUR 516 000’;
(c)
In point (f), ‘EUR 5 374 000’ is replaced by ‘EUR 4 500 000’;
(d)
In point (h), ‘EUR 629 000’ is replaced by ‘EUR 279 000’;
(e)
In point (i), ‘EUR 3 076 000’ is replaced by ‘EUR 620 000’;
(f)
In point (j), ‘EUR 2 200 000’ is replaced by ‘EUR 1 280 000’;
(g)
In point (l), ‘EUR 332 000’ is replaced by ‘EUR 232 000’;
(h)
In point (o), ‘EUR 716 000’ is replaced by ‘EUR 41 000’;
(i)
In point (q), ‘EUR 279 000’ is replaced by ‘EUR 179 000’;
(j)
In point (t), ‘EUR 9 178 000’ is replaced by ‘EUR 5 178 000’.
Article 3
Decision 2006/876/EC is amended as follows:
1.
Article 1(2) is amended as follows:
(a)
In point (a), ‘EUR 830 000’ is replaced by ‘EUR 0’;
(b)
In point (b), ‘EUR 800 000’ is replaced by ‘EUR 0’;
2.
In Article 2(2)(a), ‘EUR 425 000’ is replaced by ‘EUR 275 000’;
3.
In Article 3(2)(a), ‘EUR 508 000’ is replaced by ‘EUR 5 000’;
4.
Article 4(2) is amended as follows:
(a)
In point (a), ‘EUR 23 000’ is replaced by ‘EUR 88 000’;
(b)
In point (b), ‘EUR 105 000’ is replaced by ‘EUR 505 000’.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 10 December 2007. | [
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Commission Decision
of 27 June 2002
amending Annex II of Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles
(notified under document number C(2002) 2238)
(Text with EEA relevance)
(2002/525/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles(1), and in particular Article 4(2)(b) thereof,
Whereas:
(1) Under Directive 2000/53/EC the Commission is required to evaluate certain hazardous substances prohibited pursuant to Article 4(2)(a) of that Directive.
(2) Having carried out the requisite technical and scientific assessments the Commission has reached a number of conclusions.
(3) Certain materials and components containing lead, mercury, cadmium or hexavalent chromium should be exempt or continue to be exempt from the prohibition, since the use of these hazardous substances in those specific materials and components is still unavoidable.
(4) Some exemptions from the prohibition for certain specific materials or components should be limited in their scope and temporal validity, in order to achieve a gradual phase-out of hazardous substances in vehicles, given that the use of those substances in such applications will become avoidable.
(5) Cadmium in batteries for electrical vehicles should be exempt until 31 December 2005 since, in view of present scientific and technical evidence and the overall environmental assessment undertaken, by that date, substitutes will be available and the availability of electrical vehicles will be ensured. The progressive replacement of cadmium should, however, continue to be analysed, taking into account the availability of electrical vehicles. The Commission will publish its findings and, if proven justified by the results of the analysis, may propose an extension of the expiry date for cadmium in batteries for electrical vehicles.
(6) The exemption from the prohibition relating to lead for coating inside petrol tanks should be deleted, since the use of lead in these specific components is already avoidable.
(7) Since it is evident that a total avoidance of heavy metals is in some instances impossible to achieve, certain concentration values of lead, mercury, cadmium or hexavalent chromium in specific materials and components should be tolerated, provided that these hazardous substances are not intentionally introduced.
(8) Directive 2000/53/EC should therefore be amended accordingly.
(9) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste(2), as last amended by Commission Decision 96/350/EC(3),
HAS ADOPTED THIS DECISION:
Article 1
Annex II to Directive 2000/53/EC is replaced by the text set out in the Annex to this Decision.
Article 2
Member States shall ensure that cadmium in batteries for electrical vehicles is not put on the market after 31 December 2005.
In the framework of the overall environmental assessment already undertaken, the Commission shall continue to analyse the progressive substitution of cadmium, taking into account the need to maintain the availability of electrical vehicles. The Commission shall finalise and make public its findings by 31 December 2004 at the latest and may make, if proven justified by the results of the analysis, a proposal to extend the deadline in accordance with Article 4(2)(b) of Directive 2000/53/EC.
Article 3
This Decision shall apply from 1 January 2003.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 27 June 2002. | [
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Commission Regulation (EC) No 1840/2001
of 19 September 2001
amending for the third time Regulation (EC) No 23/2001 laying down special measures for the beef sector that depart from the provisions of Regulation (EC) No 800/1999, Regulation (EEC) No 3719/88, Regulation (EC) No 1291/2000 and Regulation (EEC) No 1964/82
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), as last amended by Regulation (EC) No 1512/2001(2), and in particular Article 29(2)(a), Article 33(12) and Article 41 thereof,
Whereas:
(1) The health protection measures adopted by the authorities of certain non-member countries regarding exports of bovine animals and the meat of those animals in response to bovine spongiform encephalopathy have had serious economic consequences for exporters.
(2) The cases of foot-and-mouth disease that have occurred in several Member States have led to adoption of protective measures under 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(3), as last amended by Directive 92/118/EEC(4), and in particular Article 10 thereof, and under 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(5), as last amended by Directive 92/118/EEC, and in particular Article 9 thereof.
(3) Commission Regulation (EC) No 23/2001(6), as last amended by Regulation (EC) No 908/2001(7), introduces measures to limit the serious consequences of those measures.
(4) The health protection measures adopted by certain non-member countries regarding Community exports are still in force and in certain cases have been strengthened. In view of this situation, certain time limits must be extended, although not beyond 31 December 2001.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
Article 2 of Regulation (EC) No 23/2001 is replaced by the following: "Article 2
1. At the holder's request, export licences issued under Regulation (EC) No 1445/95 that were applied for by 30 March 2001 shall, if their validity did not expire before 1 November 2000, be cancelled and the security released.
2. On application by the exporter in the case of products for which by 30 March 2001:
- the customs export formalities had been completed or which had been placed under one of the customs control procedures referred to in Articles 4 and 5 of Regulation (EEC) No 565/80, the 60-day time limit for leaving the Community's customs territory referred to in Article 32(1)(b)(i) of Regulation (EC) No 1291/2000 and Article 7(1) and Article 34(1) of Regulation (EC) No 800/1999 is extended to 31 December 2001,
- the customs export formalities had been completed but which had not yet left the Community's customs territory or which had been placed under one of the customs control procedures referred to in Articles 4 and 5 of Regulation (EEC) No 565/80, the exporter shall repay any refund paid in advance and the various securities pertaining to the operations shall be released,
- the customs formalities had been completed and which had left the Community's customs territory, they may be brought back and released for free circulation in the Community. The exporter shall repay any refund paid in advance and the various securities pertaining to the operations shall be released,
- the customs formalities had been completed and which had left the Community's customs territory, they may be brought back to be placed under a suspensive procedure in a free zone, free warehouse or customs warehouse until 31 December 2001 before reaching their final destination; this shall not affect payment of the refund for the actual final destination or the security lodged in respect of the licence."
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 to operations for which a final decision has not yet been adopted.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 September 2001. | [
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*****
COMMISSION DECISION
of 29 July 1985
concerning animal health conditions and veterinary certification for imports of fresh meat from certain third countries
(85/414/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), and in particular Articles 16, 23 and 28 thereof,
Whereas Commission Decisions 78/693/EEC (2), 85/97/EEC (3), 85/96/EEC (4), 85/99/EEC (5) and 85/220/EEC (6) have laid down the animal health conditions and veterinary certification requirements for imports of fresh meat from Argentina, Brazil, Uruguay, Paraguay and Colombia respectively; whereas these Decisions allow Member States to authorize imports of bovine tongues subject to special conditions; whereas inspection, in accordance with Article 23 of the Directive, of such tongues on importation for signs of foot-and-mouth disease is frustrated if epithelium has been removed before inspection; whereas it is therefore advisable, for reasons of animal health, to forbid the importation of tongues without epithelium from Argentina, Brazil, Uruguay, Paraguay and Colombia;
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. In Article 1 of Commission Decisions 78/693/EEC, 85/97/EEC, 85/96/EEC, 85/99/EEC and 85/220/EEC concerning animal health conditions and veterinary certification for imports of fresh meat from Argentina, Brazil, Uruguay, Paraguay and Colombia respectively, the words 'completely trimmed tongues without bone, cartilage or tonsils' are hereby replaced by 'completely trimmed tongues with epithelium and without bone, cartilage or tonsils'.
2. In the first footnote to Annex D of Decision 78/693/EEC and in the first footnote to Annex C of Decisions 85/97/EEC, 85/96/EEC, 85/99/EEC and 85/220/EEC respectively, the word 'tongues' is hereby replaced by the words 'tongues with epithelium and'.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 29 July 1985. | [
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COMMISSION REGULATION (EC) No 1080/2008
of 4 November 2008
amending Regulation (EC) No 1100/2006 laying down, for the marketing years 2006/07, 2007/08 and 2008/09, detailed rules for the opening and administration of tariff quotas for raw cane-sugar for refining, originating in least developed countries, as well as detailed rules applying to the importation of products of tariff heading 1701 originating in least developed countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences (1), and in particular Article 12(6) thereof,
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) (2), and in particular Article 134 in combination with Article 4 thereof,
Whereas:
(1)
Article 5(7)(d) of Commission Regulation (EC) No 1100/2006 of 17 July 2006 laying down, for the marketing years 2006/07, 2007/08 and 2008/09, detailed rules for the opening and administration of tariff quotas for raw cane-sugar for refining, originating in least developed countries, as well as detailed rules applying to the importation of products of tariff heading 1701 originating in least developed countries (3), limits the applications for import licenses of sugar from Least Developed Countries (LDC) to ‘approved operators’.
(2)
Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (4) (GSP Regulation) provides for a more inclusive definition: ‘the applicant’. However, the amendment it introduces will become applicable only from 1 January 2009, at the start of application of the new period of the GSP Regulation, and not from the beginning of the next marketing year for sugar, which starts on 1 October 2008. In order to avoid discrimination between operators willing to supply the market, the new definition shall coincide with the starting of the marketing year of sugar. Regulation (EC) No 1100/2006 should therefore be amended accordingly.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Generalised Preferences Committee.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 5(7)(d) of Regulation (EC) No 1100/2006, the words ‘the approved operator’s pledge’ shall be replaced by the words ‘the applicant’s pledge’.
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, 4 November 2008. | [
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COMMISSION DECISION of 13 April 1992 approving an amendment to the varietal conversion programme for hops submitted by the United Kingdom pursuant to Council Regulation (EEC) No 2997/87 (Only the English text is authentic) (92/263/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2997/87 of 22 September 1987 laying down, in respect of hops, the amount of aid to producers for the 1986 harvest and providing for special measures for certain regions of production (1), as last amended by Regulation (EEC) No 3837/90 (2), and in particular Article 2 (5) thereof,
Having regard to Commission Regulation (EEC) No 3889/87 of 22 September 1987 laying down detailed rules for the application of the special measures for certain regions of hop production (3), as last amended by Regulation (EEC) No 345/91 (4), and in particular Article 3 thereof,
Whereas, pursuant to Article 2 (5) of Regulation (EEC) No 2997/87, on 17 March 1988 the United Kingdom forwarded to the Commission a varietal conversion programme for hops; whereas that programme, as amended on 26 July 1988, was approved by Commission Decision 89/17/EEC (5);
Whereas on 12 December 1988 the United Kingdom forwarded to the Commission amendments to that programme which were approved by Commission Decision 89/417/EEC (6);
Whereas on 26 October 1989 the United Kingdom forwarded to the Commission amendments to that programme which were approved by Commission Decision 90/157/EEC (7);
Whereas on 11 June 1991 the United Kingdom forwarded to the Commission amendments to that programme which were approved by Commission Decision 91/501/EEC (8);
Whereas on 31 December 1991 the United Kingdom forwarded to the Commission further amendments to that programme;
Whereas the programme as amended meets the objectives laid down in the Regulation in question and contains the information required in Article 2 of Regulation (EEC) No 3889/87;
Whereas the special aid for varietal conversion may also be granted for areas under other varieties where the latter are present on areas under mainly bitter varieties covered by a conversion plan;
Whereas the programme lodged by the United Kingdom does not provide for any financial contribution from the national budget; whereas the actual costs referred to in Article 2 (2) of Regulation (EEC) No 2997/87 may include data for assessing the net loss of revenue as a result of the implementation of the conversion plan; whereas, however, only data relating to the net loss of income suffered from the date of adoption of Regulation (EEC) No 2997/87 may enter into the calculation of the actual costs;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Management Committee for Hops,
HAS ADOPTED THIS DECISION:
Article 1
The amendment to the varietal conversion programme for hops submitted pursuant to Regulation (EEC) No 2997/87 by the United Kingdom on 31 December 1991 is hereby approved. The main aspects of that programme as amended are summarized in the Annex hereto.
Article 2
The United Kingdom shall inform the Commission every six months of progress in the programme and shall notify the Commission, where applicable, of any financial contribution it may make to the programme.
Article 3
This Decision is addressed to the United Kingdom. Done at Brussels, 13 April 1992. | [
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COMMISSION REGULATION (EEC) No 2321/91 of 31 July 1991 laying down detailed rules for urgent action for the supply of butter and skimmed-milk powder to Bulgaria and amending Regulation (EEC) No 569/88
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 597/91 of 5 March 1991 on urgent action for the supply of agricultural and medical products intended for the people of Romania and Bulgaria (1), and in particular Article 5 thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (2), as last amended by Regulation (EEC) No 2205/90 (3), and in particular Article 2 (4) thereof,
Whereas Regulation (EEC) No 597/91 provides for urgent action for the free supply of agricultural products to Bulgaria and Romania; whereas the costs of supplying these products are to be met by the Community; whereas, for the purposes of implementing the urgent action, detailed rules of application should be laid down for the milk and milk products sector;
Whereas, in order to effect these supplies, products available as a result of intervention measures should be released; whereas, in view of the quantity and location of intervention stocks, a total of 2 000 tonnes of butter and 4 200 tonnes of skimmed-milk powder stored in France and Germany should be mobilized; whereas, in order to allow competition under fair conditions, it should be made possible for tenderers to take over products from the German intervention agency or from the French agency and, consequently, to submit their tenders to either of these agencies;
Whereas, pursuant to Regulation (EEC) No 597/91, suppliers are to be chosen by tendering procedure; whereas this procedure must enable to determine, for products made available by the abovementioned intervention agencies, the costs of transport to the required destination; whereas, pursuant to the same Regulation, no export refund is to be granted, or monetary compensatory amounts applied, in respect of the products supplied;
Whereas, in order to ensure that the supplies are effected properly, the conditions for lodging securities should be determined together with the necessary detailed rules for the implementation of both Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (4), as last amended by Regulation (EEC) No 3745/89 (5), and Commission Regulation (EEC) No 569/88 of 16 February 1988 laying down common detailed rules for verifying the use and/or destination of products from intervention (6), as last amended by Regulation (EEC) No 2320/91 (7);
Whereas, for the purposes of determining the supply costs and the securities to be lodged, and in order to adopt a balanced approach in line with actual economic conditions, provision should be made for the use of the representative market rates referred to in Article 3a of Commission Regulation (EEC) No 3152/85 of 11 November 1985 laying down detailed rules for the application of Council Regulation (EEC) No 1676/85 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (8), as last amended by Regulation (EEC) No 3237/90 (9);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
The costs of the following supplies shall be determined in accordance with Regulation (EEC) No 597/91, this Regulation and by tendering procedure:
1. the supply to Bulgaria of 2 000 tonnes of butter with a fat content not less than 82 % held by the intervention agencies referred to in Annex I.
Supply shall comprise delivery by refrigerated lorry free at destination to the addresses referred to in Annex IV.
2. the supply to Bulgaria of 4 200 tonnes of skimmed-milk powder held by the intervention agencies referred to in Annex I.
Supply shall comprise delivery, without further processing, of the product made available by the abovementioned agencies, to the addresses referred to in Annex V.
Article 2
1. Interested parties shall submit their tenders, by 12 noon on 6 August 1991 at the latest, either to the German intervention agency or the French intervention agency, the addresses of which are given in Annex II.
2. Tenders shall indicate the name and address of the tenderer and shall be acceptable only if:
(a) they refer clearly to one of the two supplies provided for in Article 1;
(b) they cover the total quantity laid down for the supply in question referred to in Article 1;
(c) they specify an amount in ecus per tonne for effecting the entire supply;
(d) they are accompanied by proof that the tenderer has lodged a tendering security of ECU 20 per tonne in favour of the intervention agency;
(e) they are accompanied by a written undertaking by the tenderer to effect supply to the destinations indicated in Article 1 under the conditions laid down by 1 October 1991.
Article 3
1. The German and French intervention agencies shall inform the Commission of the tenders received 24 hours after the final date for submission of tenders at the latest.
2. On the basis of the tenders received, the Commission:
- shall fix the maximum amount for the supply costs,
- or shall reject the tenders; in this case, it may be decided to issue a new invitation to tender.
If a maximum amount for the supply costs is fixed, the supply contract shall be awarded to the tenderer whose tender quotes the lowest amount.
3. Within 48 hours of the Member State being notified of the decision referred to in paragraph 2, the intervention agencies shall inform all tenderers by written telecommunication of the outcome of the tendering procedure and shall inform the successful tenderer that the supply contract has been awarded to him.
Article 4
1. The tendering security provided for in Article 2 (2) (d) shall be released without delay if a tender is not accepted or if all tenders are rejected.
2. The primary requirements within the meaning of Article 20 of Regulation (EEC) No 2220/85 shall be:
(a) for tenderers: the maintenance of their tender until the decision provided for in Article 3 (2) has been adopted;
(b) for the successful tenderer:
- the lodging of the supply security provided for in Article 5 (1),
- taking over from the intervention agency of the products made available for supply.
Article 5
1. Before removal of the butter or skimmed-milk powder, the successful tenderer shall lodge a supply security of ECU 3 400 per tonne of butter and ECU 1 900 per tonne of skimmed-milk powder for each quantity removed, in favour of the intervention agency holding the product.
The successful tenderer shall take over the products in accordance with the provisions applicable to the removal of intervention stocks.
2. The intervention agency shall take all measures necessary to check the quality of the products made available for supply.
3. The primary requirements within the meaning of Article 20 of Regulation (EEC) No 2220/85 shall be the delivery of the full quantity under the conditions laid down.
4. The supply security shall be released and the amount of the tender shall be paid when the successful tenderer provides proof that supply has been effected in accordance with the conditions laid down. Such proof shall be provided by the submission, by 10 October 1991 at the latest, of the transport document and the take-over certificate drawn up as shown in Annex III and issued by a representative of the International Aid Agency.
Article 6
The conversion rate to be used for tenders and for tendering and supply securities shall be the representative market rates referred to in Article 3 a of Regulation (EEC) No 3152/85, applicable on the final date for submission of tenders.
Article 7
The withdrawal order referred to in Article 3 of Regulation (EEC) No 569/88 and in the export declaration shall bear the following additional information:
'Urgent action for Bulgaria. Non-application of export refunds and monetary compensatory amounts, Council Regulation (EEC) No 597/91.'
Article 8
Regulation (EEC) No 569/88 is hereby amended as follows:
1. Under I 'Products to be exported in the same state as that in which they were removed from intervention stock' in the Annex, the following point 98 and the relevant footnote are added:
'98. Commission Regulation (EEC) No 2321/91 of 31 July 1991 laying down detailed rules for urgent action for the supply of butter and skimmed-milk powder to Bulgaria and amending Regulation (EEC) No 569/88 (98)'.
(98) OJ No L 213, 1. 8. 1991, p. 58.'
Article 9
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 July 1991. | [
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Commission Regulation (EC) No 1828/2001
of 17 September 2001
on issuing A2 export licences for 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 2190/96 of 14 November 1996 on detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables(1), as last amended by Regulation (EC) No 298/2000(2), and in particular Article 3(4) thereof,
Whereas:
(1) Commission Regulation (EC) No 1705/2001(3) set the indicative refund rates and the indicative quantities for A2 export licences, other than those applied for in the context of food aid.
(2) For tomatoes, oranges, lemons, table grapes and apples, in view of the economic situation and taking account of information received by operators via their applications for A2 licences, the definitive refund rates should be set at a different rate from the indicative rates. The percentages for the issuing of licences for the quantities applied for should also be set. The definitive rates may not be more than 50 % more than the indicative rates.
(3) Pursuant to Article 3(5) of Regulation (EC) No 2190/96, applications for rates in excess of the corresponding definitive rates shall be considered null and void,
HAS ADOPTED THIS REGULATION:
Article 1
1. For A2 export licences for which applications have been submitted pursuant to Article 1 of Regulation (EC) No 1705/2001 the actual date of application referred to in the second subparagraph of Article 3(1) of Regulation (EC) No 2190/96 is hereby set at 18 September 2001.
2. The licences referred to in the first paragraph shall be issued at the definitive refund rates and at the percentages for the quantities applied for as indicated in the Annex to this Regulation.
3. Pursuant to Article 3(5) of Regulation (EC) No 2190/96, applications referred to in the first paragraph for rates in excess of the corresponding definitive rates set out in the Annex shall be considered null and void.
Article 2
This Regulation shall enter into force on 18 September 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 September 2001. | [
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*****
COUNCIL DECISION
of 1 March 1984
revising the sectoral research and development programme in the field of environment (environmental protection and climatology) (indirect and concerted actions, 1981 to 1985) adopted by Decision 81/213/EEC
(84/139/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 of 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 in its Decision 81/213/EEC (4) the Council adopted a multi-annual research and development programme in the environmental field (indirect and concerted actions, 1981 to 1985);
Whereas Article 3 of the abovementioned Decision provides for a re-examination of the said programme, and, if necessary, for a revision;
Whereas it seems appropriate to revise the programme in the light of new research requirements and of the Council resolution of 25 July 1983 adopting the scientific and technical objectives of the European scientific and technical strategy framework programme 1984 to 1987 (5);
Whereas the Committee of Scientific and Technical Research (Crest) has given its opinion on the Commission proposal,
HAS DECIDED AS FOLLOWS:
Article 1
With effect from 1 January 1984 the Annex to Decision 81/213/EEC shall be amended as indicated in the Annex to this Decision.
Article 2
The funds estimated as necessary for the execution of the revised programme should be 49 300 000 ECU, including the Community contribution to the concerted actions listed in Part C of the Annex and including expenditure on a staff of 16.
Done at Brussels, 1 March 1984. | [
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*****
COMMISSION REGULATION (EEC) No 3406/86
of 6 November 1986
concerning the stopping of fishing for plaice by Community vessels
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2057/82 of 29 June 1982 establishing certain control measures for fishing activities by vessels of the Member States (1), as last amended by Regulation (EEC) No 3723/85 (2), and in particular Article 10 (3) thereof,
Whereas Council Regulation (EEC) No 3721/85 of 20 December 1985, fixing, for certain fish stocks and groups of fish stocks, provisional total allowable catches for 1986 and certain conditions under which they may be fished (3), as last amended by Regulation (EEC) No 3221/86 (4), fixes the Community share of the total allowable catch for plaice in the waters of ICES division III a Skagerrak for 1986 in conformity with the conclusions of the trilateral consultations with Norway and Sweden;
Whereas, in order to ensure compliance with the provisions relating to the quantitative limitations on catches of stocks subject to quotas and with the conclusions of the abovementioned consultations, it is necessary for the Commission to fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated to the Community;
Whereas, according to the information communicated to the Commission, catches of plaice in the waters of ICES division III a Skagerrak by vessels flying the flag of a Member State or registered in a Member State, have reached the quota allocated for 1986;
HAS ADOPTED THIS REGULATION:
Article 1
Catches of plaice in the waters of ICES division III a Skagerrak by vessels flying the flag of a Member State or registered in a Member State are deemed to have exhausted the quota allocated to the Community for 1986.
Fishing for plaice in the waters of ICES division III a Skagerrak by vessels flying the flag of a Member State or registered in a Member State is prohibited, as well as the retention on board, the transhipment and the landing of such stock captured by the abovementioned vessels after the date of entry into force of this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels , 6 November 1986. | [
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COUNCIL REGULATION (EC) No 1035/1999
of 11 May 1999
on implementation by the Commission of a programme of specific measures and actions to improve access of European Union goods and cross-border services to Japan
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community and in particular Article 133 and Article 308 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(1),
Having regard to the European Parliament's Resolution of 18 September 1997 on the Communication from the Commission to the Council on "Europe and Japan: the next steps"(2),
(1) Whereas the Council's Conclusions of 29 May 1995 on the Commission's Communication on Japan recognised the distinct and specific problems of market access in Japan; whereas, in the light of this, the Council considered that priority should be given to improving access to the Japanese market; whereas the Council has emphasised the need for complementarity between the actions of the Community and those of the Member States, in particular in its Conclusions on Market Access of 13 May and 10 June 1996;
(2) Whereas it is the primary responsibility of Member States to draw up and implement programmes of measures and actions to support the efforts of their exporters to build up a commercial presence in foreign markets;
(3) Whereas the implementation of appropriate measures and actions to improve access of European Union goods and cross-border services to Japan and to eliminate trade barriers should contribute to reducing the Community's trade imbalance with Japan;
(4) Whereas, in order to compete successfully in the Japanese market, Community enterprises should strive to establish permanent business relationships in Japan; whereas this requires them to confront the challenges posed by Japan's unique market requirements and local business practices and complex distribution structures and trade and investment regulations; whereas support by Member States and the Community can assist enterprises to overcome the difficulties resulting therefrom in the early stages of their marketing and investment efforts;
(5) Whereas continuing efforts need to be made to build up a pool of European business expertise in Japan, in particular through the longstanding and valued Executive Training Programme, in order to prepare European companies to take advantage of new market openings and to ensure that they are not placed at a disadvantage compared to their foreign competitors;
(6) Whereas the specificity of the Japanese market led the Commission, in coordination with Member States, to set up the second "Gateway to Japan" campaign in 1997 to complement and back up the activities of Member States in this field; whereas this campaign is at its mid-term point and its immediate discontinuation would lead to a loss of investment in the network responsible for executing the campaign; whereas in the current economic climate in Japan, the "Gateway to Japan" campaign should continue until its expiry at the end of 2000, in order to support the continuing efforts by Member States;
(7) Whereas support may be given to other specific actions designed, inter alia, to facilitate access to the Japanese market by Community enterprises, notably SMEs, to identify and eliminate trade barriers in accordance with the Community market access strategy outlined in Council Decision 98/552/EC of 24 September 1998(3), to bring high level business missions to Japan to address specific market access issues, to collect information on specific regulatory issues in the field of trade, investment and intellectual property rights in the Japanese market affecting Community business interests, to establish conferences and seminars to promote European Union-Japan trade and investment relations and to promote initiatives to enhance the visibility of the European Union in Japan;
(8) Whereas the objectives and operating criteria of the programme of specific measures and actions in the area of goods and cross-border provision of services to be undertaken is to be defined by the Commission in close cooperation with representatives of the Member States;
(9) Whereas this Regulation provides for measures to remove trade barriers, to facilitate market access, to promote investment and to promote the export of European Union goods and cross-border services;
(10) Whereas part of the activities falling within the scope of this Regulation are covered by Article 133 of the Treaty; whereas, for the other activities, the Treaty does not provide for powers other than those in Article 308 thereof;
(11) Whereas this Regulation is to expire on 31 December 2001,
HAS ADOPTED THIS REGULATION:
Article 1
In cooperation with Member States, who are primarily responsible for the design and implementation of programmes and actions to promote the exports of Community goods and cross-border services in third country markets, the Community shall implement a specific, coherent and targeted programme of measures and actions that complement and bring added value to the efforts undertaken by Member States in the Japanese market.
The activities of Member States to draw up and implement policies, programmes and arrangements to promote their exports of goods and cross-border services to third country markets shall not be affected by this Regulation.
Article 2
1. Within the limits established annually by the budget authority, the Community programme shall consist of the following two principal measures and actions:
(a) a training programme ("Executive Training Programme") to build up a pool of European executives able to communicate and operate in the Japanese business environment,
(b) the recruitment, training, pre-mission preparation and participation of groups of European business executives, notably from SMEs, to participate in actions in Japan aimed at improving their commercial presence on the Japanese market (the "Gateway to Japan" campaign). The objective of the campaign shall be:
- to enhance trade and investment relations with Japan,
- to increase the understanding of Japanese trade and investment regulations and business practices.
2. In addition to the measures and actions referred to in paragraph 1, support may be given to the following actions and measures, where appropriate:
(a) special actions that facilitate access to the Japanese market by Community enterprises, notably SMEs;
(b) special measures to identify and eliminate trade barriers in accordance with the Community's market access strategy;
(c) the collection of information and policy advice on specific regulatory issues, in the field of trade, investment and intellectual property rights in the Japanese market which may affect Community business interests;
(d) conferences and seminars to promote trade and investment relations between the European Union and Japan and initiatives to enhance the visibility of the European Union in Japan;
(e) high-level business missions to address specific market access issues in Japan;
(f) studies to evaluate the effectiveness of measures and actions undertaken within the framework of this Regulation.
3. When implementing paragraph 2, the Commission shall ensure the full compatibility of specific activities with the policies of the Community and the Member States, and shall make an annual report.
Article 3
1. The Commission shall present to the European Parliament and the Council by 1 September 2000 an evaluation report including the results of the control and monitoring operations financed; this report shall also take account of contractual obligations and principles of sound and efficient management. It shall include the results of a cost effectiveness analysis.
2. In carrying out the activities referred to in Article 2, the Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.
The representative of the Commission shall submit to the committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.
The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.
The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
It shall expire on 31 December 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 May 1999. | [
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COMMISSION REGULATION (EEC) No 2038/93 of 27 July 1993 laying down rules for implementing Council Regulation (EEC) No 1658/93 setting up a specific measure in favour of cephalopod producers permanently based in the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1658/93 of 24 June 1993 setting up a specific measure in favour of cephalopod producers permanently based in the Canary Islands (1), and in particular Article 2 thereof,
Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (2), and in particular Article 6 thereof,
Whereas Regulation (EEC) No 1658/93 introduced annual aid for cephalopod producers permanently based in the Canary Islands;
Whereas for the satisfactory operation of the aid scheme the aid should be paid to producer organizations;
Whereas provision should be made for the possibility of the payment of an advance which should be subject to the lodging of a security;
Whereas it is necessary to give details of and adjust the operative events for agricultural conversion rates laid down in Articles 10 and 12 of Commission Regulation (EEC) No 1068/93 (3), in order to take account of the terms on which the aid is granted;
Whereas the national authorities must implement the measures necessary to check that the terms on which the aid is granted are complied with;
Whereas Regulation (EEC) No 1658/93 is applicable with effect from 1 January 1993; whereas this Regulation must therefore be applicable from that date;
Whereas the measures provided for by this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down implementing rules for the annual and granted for a transitional period to cephalopod producers permanently based in the Canary Islands.
Article 2
The aid shall be paid to producer organizations, which shall distribute it to their producer members in line with the quantities actually produced and marketed on their account.
Article 3
1. Producer organizations may apply for an advance on the annual aid of up to 50 % of the ceiling set in Article 1 (2) of Regulation (EEC) No 1658/93, on the basis of the average production of their members over the previous three years, provided that they have lodged a security for 110 % of the advance.
The annual application for an advance must reach the intervention agency by 1 May at the latest of the year in question. For 1993 this date shall be 1 August. The intervention agency shall pay the advance within two months of receiving the application.
The agricultural conversion rate for the advance and the security shall be that applicable on the day on which the application is lodged.
2. Producer organizations shall submit to the intervention agency before 1 March of the following year an application for payment of the balance of the aid, broken down by eligible quantity marketed in each month of the year.
The intervention agency shall pay the balance within two months of submission of the application.
The agricultural conversion rate for the aid for the eligible quantities marketed each month shall be that applicable on the first day of that month. The balance to be paid shall be the total aid due in national currency less the advance paid in national currency.
Article 4
1. The competent national authorities shall set up whatever surveillance arrangements are required to verify that producers to whom the aid is paid are entitled to it.
2. For surveillance purposes producer organizations shall keep production and marketing records for eligible products and make quarterly notification to the competent authorities of the Member States of the information required for surveillance.
3. Details of the information required in records and notifications to the competent authorities shall be decided by the Member State.
4. Within three months of the end of each annual period for which the aid is granted the national authorities shall send the Commission a report on quantities and values produced and marketed and the state of the stocks and eligible quantities on which the aid has been paid, showing that the requirements of Article 1 (2) of Regulation (EEC) No 1658/93 have been met.
Article 5
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 July 1993. | [
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Commission Decision
of 22 July 2003
on temporary measures to prevent the transmission of foot-and-mouth disease from certain North African countries to the territory of the European Union
(notified under document number C(2003) 2611)
(Text with EEA relevance)
(2003/547/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1), and in particular Article 22(1) thereof,
Whereas:
(1) Foot-and-mouth-disease is one of the most contagious viral diseases of cattle, sheep, goats and pigs and the causative virus can persist in a contaminated environment outside the host animal for several weeks depending, amongst others, of climatic factors.
(2) On 18 June 2003, Libya notified to the Office International des Epizooties (OIE) the confirmation of foot-and-mouth disease in cattle caused by serotype SAT 2. This is the first reported outbreak of foot-and-mouth disease in this country since 1994 and the first ever in relation to the serotype of the virus identified in the OIE Reference Laboratory for Foot-and-Mouth Disease in Pirbright, United Kingdom.
(3) The competent authorities in Libya have taken measures to contain the disease by the stamping out of infected animals, isolation of herds, movement restrictions and surveillance.
(4) The Community does not allow imports of live animals of susceptible species or their products from Libya. Importation of animals to the Community primarily relates to re-entry of registered horses in accordance with Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae(2), as last amended by Regulation (EC) No 806/2003(3).
(5) However, transport vehicles used for transport of animals on arrival from Libya to the European Union may cause a potential risk of harbouring virus. It is therefore necessary to rapidly adopt certain protection measures at Community level which take into account the survival of the foot-and-mouth disease virus in the environment and potential routes of virus transmission.
(6) Consequently, the presence of foot-and-mouth disease in Libya is liable to constitute a serious risk to the susceptible livestock population of the Community.
(7) Proper cleansing and disinfection of animal transport vehicles is the most appropriate way to reduce the risk of rapid virus transmission over large distances.
(8) Taking into account the significant delay between the first suspect on 1 May 2003 and the confirmation of the disease, a spread of the disease to neighbouring countries cannot be fully excluded and may require an extension of the geographical scope of this Decision.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
For the purpose of this Decision "livestock vehicle" means any motor vehicle being used or which has been used for transport of animals.
Article 2
1. Member States shall ensure that the operator of an empty livestock vehicle on arrival from a third country, or part of a third country regionalised in accordance with Community legislation, mentioned in Annex I at the point of entry to the territory of the European Union provides documentation which indicates that the vehicle has been cleansed and disinfected. The documentation shall provide information on cleansing and disinfection equivalent to that shown in Annex II to this Decision.
2. In the event the measures referred to in paragraph 1 have been implemented inappropriately, the Member State concerned may reject the livestock vehicle or subject the vehicle to proper cleansing and disinfection at a designated place as close as possible to the point of entry.
Article 3
Livestock vehicles carrying equidae from a third country, or part of a third country regionalised in accordance with Community legislation, mentioned in Annex I, being imported in accordance with provisions of Directive 90/426/EEC, shall be subject to cleansing and disinfection on arrival at the border inspection post. The mentioned cleansing and disinfection shall be carried out at a place as close as possible to the border inspection post, designated by the official veterinarian.
Article 4
The measures of this Decision shall apply until 31 October 2003.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 22 July 2003. | [
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COMMISSION REGULATION (EC) No 1266/96 of 1 July 1996 amending Regulation (EC) No 1960/95 laying down detailed rules for the transitional application of the system of entry prices for grape juice and musts and Regulation (EC) No 2309/95 establishing transitional measures for the import of grape juice and must from Cyprus
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EC) No 1544/95 (2), and in particular Articles 53 (3) and 83 thereof,
Whereas Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (3), as amended by Regulation (EC) No 1193/96 (4), and in particular Article 3 (1) thereof;
Whereas Commission Regulation (EC) No 1960/95 (5) lays down transitional measures, valid until 30 June 1996, to facilitate the introduction of the arrangements for monitoring import prices for grape juice and must resulting from the agreements concluded during the Uruguay Round of multilateral trade negotiations; whereas that Regulation permits customs authorities to compare import prices with the entry prices given in the common customs tariff in order to determine the customs duties to be collected;
Whereas Commission Regulation (EC) No 2309/95 (6) lays down transitional measures, valid until 30 June 1996, to facilitate the introduction of the arrangements applicable to imports of grape juice and must from Cyprus resulting from the agreements concluded during the Uruguay Round of multilateral trade negotiations pending a long-term solution within the framework of the agreement creating an association between the European Community and the Republic of Cyprus;
Whereas the period for the adoption of transitional measures was extended until 30 June 1997 by Regulation (EC) No 1193/96 extending the period for the adoption of the transitional measures required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations; whereas, pending the adoption by the Council of definitive measures, the transitional measures provided for in Regulation (EC) No 1960/95 and (EC) No 2309/95 should be extended until 30 June 1997;
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
Regulation (EC) No 1960/95 is hereby amended as follows:
1. In Article 1, the date '30 June 1996` is replaced by '30 June 1997`.
2. In Article 4, the date '30 June 1996` is replaced by '30 June 1997`.
Article 2
In Article 2 of Regulation (EC) No 2309/95, the date '30 June 1996` is replaced by '30 June 1997`.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 July 1996. | [
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*****
COMMISSION REGULATION (EEC) No 3578/82
of 23 December 1982
amending for the third time Regulation (EEC) No 263/81 laying down detailed rules for the application of the import arrangements provided for by Regulations (EEC) No 217/81 and (EEC) No 218/81 in the beef and veal sector, and amending for the sixth time Regulation (EEC) No 2377/80
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by the Act of Accession of Greece,
Having regard to Council Regulation (EEC) No 217/81 of 20 January 1981 opening a Community tariff quota for high-quality fresh, chilled or frozen beef and veal falling within subheadings 02.01 A II a) and 02.01 A II b) of the Common Customs Tariff (2), as last amended by Regulation (EEC) No 3340/82 (3), and in particular Article 2 thereof,
Having regard to Council Regulation (EEC) No 218/81 of 20 January 1981 opening a Community tariff quota for frozen buffalo meat falling within subheading 02.01 A II b) 4 bb) 33 of the Common Customs Tariff (4), as last amended by Regulation (EEC) No 3226/82 (5), and in particular Article 2 thereof,
Whereas Regulations (EEC) No 217/81 and (EEC) No 218/81 opened quotas for high-quality beef and veal and for buffalo meat for 1981; whereas these quotas have been extended to 1982; whereas Regulations (EEC) No 3340/82 and (EEC) No 3226/82 have fixed the said quotas for 1983; whereas it is accordingly necessary to amend Commission Regulation (EEC) No 263/81 (6), as last amended by Regulation (EEC) No 3751/81 (7), laying down detailed rules for their application;
Whereas Article 7 of Regulation (EEC) No 263/81 makes provision for the imports of high-quality meat referred to in Article 1 (1) (d) to be managed on a quarterly basis; whereas Regulation (EEC) No 2377/80 of 4 September 1980 on special detailed rules for the application of the system of import and export licences in the beef and veal sector (8), as last amended by Regulation (EEC) No 1617/82 (9), and in particular Article 15 thereof, accordingly defines the rules for lodging applications for and issuing licences; whereas, in the light of experience acquired in managing the quotas in question, it would appear advisable to adopt a less rigid and more flexible management method in order to ensure optimum utilization of the system; whereas it seems appropriate to adopt a monthly system and to include the corresponding provisions within the framework of Regulation (EEC) No 2377/80; whereas, with the same aim in mind, the provision contained in Article 12 (1) (a) of the said Regulation, fixing a maximum tonnage for licence applications, should accordingly be repealed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 263/81 is hereby amended as follows:
1. In Article 1 (1) and (2), 'for 1982' is replaced by 'for 1983'.
2. In Article 1 (1) (a), '5 000 tonnes' is replaced by '12 500 tonnes'.
3. In Article 1 (1) (c), '1 000 tonnes' is replaced by '2 300 tonnes'.
4. Article 7 is replaced by the following:
'Article 7
The lodging of licence applications and the issuing of import licences for the meat referred to in Article 1 (1) (d) shall be effected in accordance with the provisions of Articles 12 and 15 of Regulation (EEC) No 2377/80.'
Article 2
Regulation (EEC) No 2377/80 is hereby amended as follows:
1. Article 12 (1) (a) is replaced by the following:
'(a) the licence application or applications lodged by any one applicant shall relate to a total quantity corresponding to not less than five tonnes of meat by product weight in respect of the arrangements in question for the month during which the application or applications are lodged;'.
2. In Article 15 (1) (a), (2) (b) and (5) (a), 'under Articles 9 to 12' is replaced by 'under Articles 9 to 11'.
3. In Article 15 (1) (b), 'applications under Article 13' is replaced by 'applications under Articles 12 and 13'.
4. In Article 15 (4) (b), 'under Articles 10 to 12' is replaced by 'under Articles 10 and 11'.
5. In Article 15 (4), the following is inserted:
'(e) in respect of applications lodged under Article 12, on the second working day following the last day of the period for the submission of applications, the total quantity for which applications have been lodged.'
6. In Article 15 (5) (b), 'under Article 13' is replaced by 'under Articles 12 and 13'.
7. In Article 15 (6) (a), 'Articles 9 to 12' is replaced by 'Articles 9 to 11'.
8. In Article 15 (6), the following is inserted:
'(d) The Commission shall decide to what extent applications under Article 12 can be accepted. If the quantities for which licences have been requested exceed the quantities available, the Commission shall reduce the amounts requested by a fixed percentage. If the total quantity requested is lower than that available, the Commission shall determine the amount of the balance remaining.'
Article 3
This Regulation shall enter into force on 1 January 1983.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 December 1982. | [
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COUNCIL DECISION
of 31 May 1999
implementing Common Position 98/633/CFSP defined by the Council on the basis of Article J.2 of the Treaty on European Union concerning the process on stability and good-neighbourliness in South-East Europe
(1999/361/CFSP)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union and in particular Article 18(5) thereof,
Having regard to Common Position 98/633/CFSP(1),
(1) Whereas Common Position 98/633/CFSP aims at consolidating support for the Royaumont Process on stability and good-neighbourliness in South-East Europe;
(2) Whereas the contribution of the Royaumont Process Coordinator; Mr Roumeliotis, has been instrumental in the development of the Process;
(3) Whereas with a view to the consolidation and continuation of the work carried out so far, the Coordinator should be provided with the logistical base and the human resources needed to continue to carry out his functions,
HAS DECIDED AS FOLLOWS:
Article 1
In order to provide support for the Coordinator in the fulfilment of his tasks, Mr Roumeliotis is appointed EU Special Representative for the Royaumont Process. The Special Representative shall perform his tasks under the responsibility of the EU Presidency and in full association with the Commission, in accordance with the terms of reference and the action plan set out at Annexes I and II to Common Position 98/633/CFSP.
Article 2
The EU Special Representative shall be guided by and report under the authority of the Presidency to the Council on a regular basis, and as the need arises. The Commission shall be fully associated therewith.
Article 3
1. The financial reference amount for the implementation of this Decision during the period 31 May 1999 to 31 May 2000 shall be EUR 550000. This amount shall cover costs related to the remuneration of the Special Representative and his team, travel expenses and communication expenditure.
2. Member States and EU institutions may propose the secondment of staff to work with the EU Special Representative. The remuneration of personnel who might be seconded by a Member State or a European Union institution to the EU Special Representative shall be covered respectively by the Member State or the European Union institution concerned.
3. The Council notes that the Presidency, European institutions and/or Member States as appropriate will offer logistical support to the Coordinator in the fulfilment of his tasks.
Article 4
This Decision shall enter into force on the date of its adoption.
It shall expire on 31 May 2000.
Article 5
This Decision shall be published in the Official Journal.
Done at Brussels, 31 May 1999. | [
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COMMISSION DECISION of 27 August 1993 adopting the plan allocating to the Member States resources to be charged to the 1994 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community
(93/484/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3730/87 of 10 December 1987 laying down the general rules for the supply of food from intervention stocks to designated organizations for distribution to the most deprived persons in the Community (1), and in particular Articles 1 and 6 thereof,
Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (2), and in particular Article 3 (4) and Article 6 (2) thereof,
Whereas Commission Regulation (EEC) No 3149/92 (3) lays down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community;
Whereas in order to implement the scheme for the supply of such food to the most deprived section of the population, to be financed from resources available in the 1994 budget year, the Commission must adopt a plan; whereas this plan should indicate in particular the quantity of products by type that may be withdrawn from intervention stock for distribution in each Member State and the financial resources made available to implement the plan in each Member State; whereas this plan should also indicate the level of appropriations to be reserved to cover costs of intra-Community transport of intervention products as referred to in Article 7 of Regulation (EEC) No 3149/92;
Whereas for this scheme all Member States, except Germany, have provided the information required in accordance with the provisions of Article 1 of Regulation (EEC) No 3149/92;
Whereas in order to facilitate the implementation of this scheme the conversion rates to be applied to the budgetary limits which have been set should be specified;
Whereas it is necessary in order to help optimize the utilization of budget appropriations to take account of the degree to which the various Member States used the resources allocated to them in 1991, 1992 and 1993;
Whereas in accordance with the provisions of Article 2 (2) of Regulation (EEC) No 3149/92 the Commission has sought the advice of major organizations familiar with the problems of the most deprived persons in the Community when drawing up this plan;
Whereas the measures provided for in this Decision are in accordance with the opinions of the relevant management committees,
HAS ADOPTED THIS DECISION:
Article 1
The plan referred to in Article 2 (1) of Regulation (EEC) No 3149/92 for the 1994 budget year is adopted as set out in the following Articles:
Article 2
Subject to a limit of ECU 2 422 000, the following quantities of produce may be withdrawn from intervention for distribution in Belgium:
- 3 000 tonnes of common wheat,
- 300 tonnes of milk powder,
- 200 tonnes of butter,
- 600 tonnes of beef.
Article 3
Subject to a limit of ECU 2 000 000, the following quantities of produce may be withdrawn from intervention for distribution in Denmark:
- 50 tonnes of butter,
- 250 tonnes of beef.
Article 4
Subject to a limit of ECU 12 000 000, the following quantities of produce may be withdrawn from intervention for distribution in Greece:
- 4 000 tonnes of beef.
Article 5
Subject to a limit of ECU 35 400 000, the following quantities of produce may be withdrawn from intervention for distribution in Spain:
- 30 000 tonnes of durum wheat,
- 5 000 tonnes of butter,
- 6 000 tonnes of beef,
- 4 000 tonnes of olive oil.
Article 6
Subject to a limit of ECU 28 560 000, the following quantities of produce may be withdrawn from intervention for distribution in France:
- 5 000 tonnes of common wheat,
- 8 000 tonnes of durum wheat,
- 1 500 tonnes of butter,
- 5 000 tonnes of beef,
- 2 000 tonnes of rice,
- 6 000 tonnes of milk powder.
Article 7
Subject to a limit of ECU 4 600 000 the following quantitities of produce may be withdrawn from intervention for distribution in Ireland:
- 40 tonnes of butter,
- 1 450 tonnes of beef.
Article 8
Subject to a limit of ECU 24 500 000, the following quantities of produce may be withdrawn from intervention for distribution in Italy:
- 5 000 tonnes of common wheat,
- 10 000 tonnes of durum wheat,
- 1 500 tonnes of rice,
- 1 300 tonnes of butter,
- 7 000 tonnes of beef,
- 2 000 tonnes of olive oil,
- 1 000 tonnes of cheese (Grana Padano),
- 1 000 tonnes of cheese (Parmigiano Reggiano).
Article 9
Subject to a limit of ECU 78 000, the following quantities of produce may be withdrawn from intervention for distribution in Luxembourg:
- 20 tonnes of common wheat,
- 25 tonnes of milk powder,
- 15 tonnes of butter,
- 15 tonnes of beef.
Article 10
Subject to a limit of ECU 3 000 000, the following quantities of produce may be withdrawn from intervention for distribution in the Netherlands:
- 150 tonnes of butter,
- 600 tonnes of beef.
Article 11
Subject to a limit of ECU 10 440 000, the following quantities of produce may be withdrawn from intervention for distribution in Portugal:
- 1 850 tonnes of common wheat,
- 1 850 tonnes of durum wheat,
- 1 200 tonnes of rice,
- 1 200 tonnes of butter,
- 2 500 tonnes of beef,
- 1 000 tonnes of olive oil,
- 1 000 tonnes of milk powder.
Article 12
Subject to a limit of ECU 25 000 000, the following quantities of produce may be withdrawn, from intervention, for distribution in the United Kingdom:
- 6 000 tonnes of beef.
Article 13
ECU 2 million are reserved to cover the costs of intra-Community transport referred to in Article 2 (3) of Regulation (EEC) No 3149/92.
Article 14
All amounts in ecus shall be converted into national currencies at the rates applicable on 1 October 1993 and published in the Official Journal of the European Communities, C series.
Article 15
This Decision is addressed to the Member States.
Done at Brussels, 27 August 1993. | [
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Commission Regulation (EC) No 59/2003
of 15 January 2003
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1947/2002(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 16 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 January 2003. | [
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Commission Regulation (EC) No 2223/2002
of 13 December 2002
prohibiting fishing for haddock by vessels flying the flag of France
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), as last amended by Regulation (EC) No 2846/98(2), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 2555/2001 of 18 December 2001 fixing for 2002 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required(3) lays down quotas for haddock for 2002.
(2) In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.
(3) According to the information received by the Commission, catches of haddock in the waters of ICES division VIIa by vessels flying the flag of France or registered in France have exhausted the quota allocated for 2002. France has prohibited fishing for this stock from 17 November 2002. This date should be adopted in this Regulation also,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of haddock in the waters of ICES division VIIa by vessels flying the flag of France or registered in France are hereby deemed to have exhausted the quota allocated to France for 2002.
Fishing for haddock in the waters of ICES division VIIa by vessels flying the flag of France or registered in France is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 17 November 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 December 2002. | [
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Commission Regulation (EC) No 1069/2000
of 19 May 2000
laying down detailed rules governing the grant of private storage aid for Pecorino Romano cheese
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) 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) Article 9(1) of Regulation (EC) No 1255/1999 permits the granting of private storage aid for sheep's milk cheeses requiring at least six months for maturing where a serious market imbalance could be eliminated or reduced by seasonal storage.
(2) The seasonal nature of Pecorino Romano cheese production results in the building up of stocks which are difficult to sell and which risk causing a lowering of prices. Seasonal storage should therefore be introduced for the quantities to improve the situation and allow producers time to find outlets for their cheese.
(3) The detailed rules of this measure should determine the maximum quantity to benefit from it as well as the duration of the contracts in relation to the real requirements of the market and the keeping qualities of the cheeses in question. It is necessary to specify the terms of the storage contract so as to enable the identification of the cheese and to maintain checks on the stock in respect of which aid is granted. The aid should be fixed taking into account storage costs and the foreseeable trend of market prices.
(4) Article 1(1) of Commission Regulation (EEC) No 1756/93 of 30 June 1993 fixing the operative events for the agricultural conversion rate applicable to milk and milk products(2), as last amended by Regulation (EC) No 569/1999(3), fixes the conversion rate to be applied in the framework of private storage aid schemes in the milk products sector.
(5) Experience shows that provisions on checks should be laid down, particularly as regards the documents to be submitted and checks to be made on the spot. Therefore, it should be provided that Member States require the costs of checks be fully or partly borne by the contractor.
(6) It is appropriate to guarantee the continuation of the storage operations in question.
(7) 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
Aid shall be granted in respect of the private storage of 15000 tonnes of Pecorino Romano cheese manufactured in the Community and satisfying the requirements of Articles 2 and 3.
Article 2
1. The intervention agency shall conclude storage contracts only when the following conditions are met:
(a) the quantity of cheese to which the contract relates is not less than 2 tonnes;
(b) the cheese was manufactured at least 90 days before the date specified in the contract as being the date of commencement of storage, and after 1 October 1999;
(c) the cheese has undergone tests which show that it meets the condition laid down in (b) and that it is of first quality;
(d) the storer undertakes:
- not, during the term of the contract, to alter the composition of the batch which is the subject of the contract without authorisation from the intervention agency. If the condition concerning the minimum quantity fixed for each batch continues to be met, the intervention agency may authorise an alteration which is limited to the removal or replacement of cheeses which are found to have deteriorated to such an extent that they can no longer be stored.
In the event of release from store of certain quantities:
(i) if the aforesaid quantities are replaced with the authorisation of the intervention agency, the contract is deemed not to have undergone any alteration;
(ii) if the aforesaid quantities are not replaced, the contract is deemed to have been concluded ab initio for the quantity permanently retained.
Any supervisory costs arising from an alteration shall be met by the storer,
- to keep stock accounts and to inform the intervention agency each week of the quantity of cheese put into storage during the previous week and of any planned withdrawals.
2. The storage contract shall be concluded:
(a) in writing, stating the date when storage covered by the contract begins; this may not be earlier than the day following that on which the operations connected with putting the batch of cheese covered by the contract into storage were completed;
(b) after completion of the operations connected with putting the batch of cheese covered by the contract into storage and at the latest 40 days after the date on which the storage covered by the contract begins.
Article 3
1. Aid shall be granted only for cheese put into storage during the period 1 May to 31 December 2000.
2. No aid shall be granted in respect of storage under contract for less than 60 days.
3. The aid payable may not exceed an amount corresponding to 180 days storage under contract terminating before 31 March 2001. By way of derogation from the first indent of Article 2(1)(d), when the period of 60 days specified in paragraph 2 has elapsed, the storer may remove all or part of the batch under contract. The minimum quantity that may be removed shall be 500 kilograms. The Member States may, however, increase this quantity to 2 tonnes.
The date of the start of operations to remove cheese covered by the contract shall not be included in the period of storage under contract.
Article 4
1. The aid shall be as follows:
(a) EUR 100 per tonne for the fixed costs;
(b) EUR 0,35 per tonne per day of storage under contract for the warehousing costs;
(c) EUR 0,52 per tonne per day of storage under contract for the financial costs.
2. Aid shall be paid not later than 90 days from the last day of storage under contract.
Article 5
1. The Member States shall ensure that the conditions granting entitlement to payment of the aid are fulfilled.
2. The contractor shall make available to the national authorities responsible for verifying execution of the measure any documentation permitting in particular the following particulars of products placed in private storage to be verified:
(a) ownership at the time of entry into storage;
(b) the origin and date of manufacture of the cheeses;
(c) the date of entry into storage;
(d) presence in the store;
(e) the date of removal from storage.
3. The contractor or, where applicable, the operator of the store shall keep stock accounts available at the store, covering:
(a) identification, by contract number, of the products placed in private storage;
(b) the dates of entry into and removal from storage;
(c) the number of cheeses and their weight shown for each lot;
(d) the location of the products in the store.
4. Products stored must be easily identifiable and must be identified individually by contract. A special mark shall be affixed to cheese covered by contract.
5. Without prejudice to Article 2(1)(d), on entry into storage, the competent bodies shall conduct checks in particular to ensure that products stored are eligible, for the aid and to prevent any possibility of substitution of products during storage under contract.
6. The national authorities responsible for controls shall undertake:
(a) an unannounced check to see that the products are present in the store. The sample concerned must be representative and must correspond to at least 10 % of the overall quantity under contract for a private storage aid measure. Such checks must include, in addition to an examination of the accounts referred to in paragraph 3, a physical check of the weight and type of product and their identification. Such physical checks must relate to at least 5 % of the quantity subject to the unannounced check;
(b) a check to see that the products are present at the end of the storage period under contract.
7. Checks conducted pursuant to paragraphs 5 and 6 must be the subject of a report stating:
- the date of the check,
- its duration,
- the operations conducted.
The report on checks must be signed by the official responsible and countersigned by the contractor or, where applicable, by the store operator.
8. In the case of irregularities affecting at least 5 % of the quantities of products subject to the checks the latter shall be extended to a larger sample to be determined by the competent body.
The Member States shall notify such cases to the Commission within four weeks.
9. The Member States may provide that the costs of checks will be borne partly or fully by the contractor.
Article 6
Member States shall communicate to the Commission before 15 December 2000.
(a) the quantity of cheese for which storage contracts have been concluded;
(b) any quantities in respect of which the authorisation referred to in Article 2(1)(d) has been given.
Article 7
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 May 2000.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 May 2000. | [
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Commission Regulation (EC) No 395/2003
of 3 March 2003
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1947/2002(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 4 March 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 March 2003. | [
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COMMISSION DECISION
of 14 October 2009
on the extension of the mandate of the European Group on Ethics in Science and New Technologies and of the period of appointment of its members
(2009/757/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Whereas:
(1)
The mandate of the European Group on Ethics in Science and New Technologies (EGE) was renewed by Commission Decision 2005/383/EC (1).
(2)
The appointment of the members of the EGE was renewed for a period of 4 years by Commission Decision 2005/754/EC (2).
(3)
The current mandate of the EGE and the current period of appointment of its members therefore come to an end on 20 October 2009.
(4)
It is appropriate that the new Commission should review both the subject of the mandate of the EGE and the appointment of its members.
(5)
To enable the EGE to continue to function until new decisions on its mandate and on the appointment of its members are taken, the current mandate of the EGE and the current period of appointment of its members should be extended,
HAS DECIDED AS FOLLOWS:
Article 1
The current mandate of the EGE, as provided for in Decision 2005/383/EC, is hereby extended until such time as that decision is replaced.
The current period of appointment of the members of the EGE, as provided for in Decision 2005/754/EC, is hereby extended until such time as that decision is replaced.
Article 2
This Decision shall enter into force on 21 October 2009.
Done at Brussels, 14 October 2009. | [
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COMMISSION REGULATION (EC) No 3421/93 of 13 December 1993 amending Regulation (EEC) No 2463/93 imposing a provisional anti-dumping duty on imports of fluorspar originating in the People's Republic of China
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Community (1) thereof, and in particular Article 11 thereof,
After consultation within the Advisory Committee,
Whereas by Commission Regulation (EEC) No 2463/93 (2) a provisional anti-dumping duty was imposed on imports of fluorspar originating in the People's Republic of China;
Whereas Article 1 of that Regulation referred , as did the notice of initiation of the proceeding (3), to fluorspar containing more than 97 % of calcium fluoride, falling within CN code ex 2529 22 00, or containing less than 97 % of calcium fluoride, falling within CN code 2529 21 00. Contrary to the actual intention of the Commission, whose investigation concerned all fluorspar, it could be argued that fluorspar with a content of exactly 97 % is not covered by the provisional duty. In order to make clear all interested parties that the proceeding covers all fluorspar, it has been considered appropriate to amend the Regulation accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
The first paragraph of Article 1 of Regulation (EEC) No 2463/93 is replaced by the following:
'Article 1
A provisional anti-dumping duty is hereby imposed on imports of fluorspar presented in filter cake form or in powder form, falling within CN codes ex 2529 22 00 (Taric code 2529 22 00 * 10) or ex 2529 21 00 (Taric code 2529 21 00 * 10), originating in the People's Republic of China.'
Article 2
Without prejudice to Article 7 (4) (b) of Regulation (EEC) No 2423/88 interested parties may make known their views in writing and apply to be heard by the Commission within 30 days of the entry into force of this Regulation.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 December 1993. | [
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COUNCIL REGULATION (EEC) No 2453/78 of 19 September 1978 concerning the conclusion of the Agreement in the form of an exchange of letters amending the Agreement between the European Economic Community and the Portuguese Republic for the purpose of adjusting certain tariff specifications
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the recommendation from the Commission,
Whereas in consequence of the amendments resulting from the recommendation of 18 June 1976 of the Customs Cooperation Council and of certain autonomous changes to the Common Customs Tariff and the Portuguese Customs Tariff certain tariff specifications in the Agreement between the European Economic Community and the Portuguese Republic (1) should be adjusted;
Whereas, moreover, it is necessary to amend the Agreement referred to above in order to establish a simplified procedure for adjusting tariff specifications in the event of further amendments to the tariffs of the contracting Parties,
HAS ADOPTED THIS REGULATION:
Article 1
The Agreement in the form of an exchange of letters amending the Agreement between the European Economic Community and the Portuguese Republic is hereby approved on behalf of the Community.
The text of the Agreement is annexed to this Regulation.
Article 2
The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1978.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 September 1978. | [
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COMMISSION DECISION of 17 February 1997 on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of Council Directive 89/106/EEC as regards metal injection anchors for use in masonry (Text with EEA relevance) (97/177/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products (1), as amended by Directive 93/68/EEC (2), and in particular Article 13 (4) thereof,
Whereas the Commission is required to select, as between the two procedures in accordance with Article 13 (3) of Directive 89/106/EEC for attesting the conformity of a product, the 'least onerous possible procedure consistent with safety`; whereas this means that it is necessary to decide whether, for a given product or family of products, the existence of a factory production control system under the responsibility of the manufacturer is a necessary and sufficient condition for an attestation of conformity, or whether, for reasons related to compliance with the criteria mentioned in Article 13 (4), the intervention of an approved certification body is required for that purpose;
Whereas Article 13 (4) requires that the procedure thus determined must be indicated in the mandates and in the technical specifications; whereas, therefore, it is desirable to define the concept of products or family of products as used in the mandates and in the technical specifications;
Whereas the two procedures provided for in Article 13 (3) are described in detail in Annex III to Directive 89/106/EEC; whereas it is necessary therefore to specify clearly the methods by which the two procedures must be implemented, by reference to Annex III, for each product or family of products, since Annex III gives preference to certain systems;
Whereas the procedure referred to in point (a) of Article 13 (3) corresponds to the systems set out in the first possibility, without continuous surveillance, and the second and third possibilities of point (ii) of Section 2 of Annex III, and the procedure referred to in point (b) of Article 13 (3) corresponds to the systems set out in point (i) of Section 2 of Annex III, and in the first possibility, with continuous surveillance, of point (ii) of Section 2 of Annex III;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Construction,
HAS ADOPTED THIS DECISION:
Article 1
The products set out in Annex I shall have their conformity attested by a procedure whereby, in addition to a factory production control system operated by the manufacturer, an approved certification body is involved in assessment and surveillance of the production control or of the product itself.
Article 2
The procedure for attesting conformity as set out in Annex II shall be indicated in mandates for guidelines for European technical approvals.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 17 February 1997. | [
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Commission Regulation (EC) No 2214/2001
of 15 November 2001
amending Regulation (EEC) No 2219/92 laying down detailed rules for the application of the specific supply arrangements for Madeira relating to milk products regarding the amounts of aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June 1992 concerning specific measures for the Azores and Madeira relating to certain agricultural products(1), as last amended by Regulation (EC) No 1449/2001(2), and in particular Article 10 thereof,
Whereas:
(1) Commission Regulation (EEC) No 1696/92(3), as last amended by Regulation (EEC) No 2596/93(4), lays down in particular the detailed rules for the application of the specific arrangements for the supply of certain agricultural products to the Azores and Madeira.
(2) Annex II to Regulation (EEC) No 2219/92 of 30 July 1992 laying down detailed rules for the application of the specific supply arrangements for Madeira relating to milk products and establishing the forecast supply balance(5), as last amended by Regulation (EC) No 1168/2001(6), fixes the aid for milk products.
(3) Commission Regulation (EC) No 2213/2001 of 15 November 2001 fixing the export refunds on milk and milk products(7) fixes the refunds on those products. Annex II to Regulation (EEC) No 2219/92 should be adapted to take account of those adjustments.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EEC) No 2219/92 is hereby replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on 16 November 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 November 2001. | [
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COMMISSION REGULATION (EC) No 1651/98 of 27 July 1998 fixing the reduction coefficients for the determination of the quantity of bananas to be allocated to each operator in category C from the tariff quota for 1998 (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas (1), as last amended by Regulation (EC) No 3290/94 (2),
Having regard to Commission Regulation (EEC) No 1442/93 of 10 June 1993 laying down detailed rules for the application of the arrangements for importing bananas into the Community (3), as last amended by Regulation (EC) No 1409/96 (4), and in particular Article 4(4) thereof,
Whereas, pending the adaptation of the volume of the tariff quota as a result of the accession of Austria, Finland and Sweden, Commission Regulation (EC) No 2154/97 (5), for the purposes of implementing Article 4(4) of Regulation (EEC) No 1442/93, provisionally fixes the reduction coefficient to be applied to the annual allocation requested by each operator in category C on the basis of a tariff quota volume of 2 200 000 tonnes for 1998;
Whereas the volume of the tariff quota was subsequently fixed at 2 553 000 tonnes for 1998 by Commission Regulation (EC) No 1645/98 (6); whereas, however, the special quantity of 16 500 tonnes reserved for cases of extreme hardship must not be taken into account for the calculation of the reduction coefficient in question;
Whereas, on that basis, the new coefficient for 1998 should be determined; whereas, for the sake of clarity, Regulation (EC) No 2154/97 should be repealed;
Whereas the provisions of this Regulation must enter into force immediately, given the time limits laid down in Regulation (EEC) No 1442/93;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Bananas,
HAS ADOPTED THIS REGULATION:
Article 1
The quantity to be allocated to each operator in category C in respect of 1998 within the tariff quota provided for in Articles 18 and 19 of Regulation (EEC) No 404/93 shall be calculated by applying to the quantity applied for by each operator in accordance with Article 4(4) of Regulation (EEC) No 1442/93, a reduction coefficient of 0,000368.
Article 2
Regulation (EC) No 2154/97 is hereby repealed.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 July 1998. | [
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COMMISSION REGULATION (EC) No 1582/97 of 30 July 1997 amending Regulations (EEC) No 1983/83 and No 1984/83 on the application of Article 85 (3) of the Treaty to categories of exclusive distribution agreements and exclusive purchasing agreements respectively
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 19/65/EEC of 2 March 1965 on the application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 1 thereof,
Having published the draft of the Regulation (2),
Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions,
Whereas the period of validity of Commission Regulations (EEC) No 1983/83 (3) and No 1984/83 (4) on the application of Article 85 (3) of the Treaty to categories of exclusive distribution agreements and exclusive purchasing agreements respectively, as last amended by the Act of Accession of Austria, Finland and Sweden, expires on 31 December 1997;
Whereas the Commission has published a Green Paper on Vertical Restraints in EC Competition Policy in order to initiate a wide public debate on the application of Article 85 (1) and (3) of the Treaty to agreements between undertakings operating on different economic levels, including exclusive distribution agreements, exclusive purchasing agreements and franchising agreements;
Whereas it is appropriate to allow sufficient time to conclude this debate, to examine its results and to draw the conclusions for future competition policy in this field;
Whereas this work could not be completed in time for the adoption and publication of a new Regulation before 31 December 1997;
Whereas to maintain legal certainty for undertakings, it is appropriate to amend Regulations (EEC) No 1983/83 and No 1984/83 by extending their period of validity until 31 December 1999, when Commission Regulation (EEC) No 4087/88 of 30 November 1988 on the application of Article 85 (3) of the Treaty to categories of franchise agreements (5) will expire,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 10 of Regulation (EEC) No 1983/83, the date '31 December 1997` shall be replaced by that of '31 December 1999`.
Article 2
In Article 19 of Regulation (EEC) No 1984/83, the date '31 December 1997` shall be replaced by that of '31 December 1999`.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 July 1997. | [
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COUNCIL DIRECTIVE 94/74/EC of 22 December 1994 amending Directive 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products, Directive 92/81/EEC on the harmonization of the structures of excise duties on mineral oils and Directive 92/82/EEC on the approximation of the rates of excise duties on mineral oils
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 99 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 it is necessary to exclude the customs procedure for exports from the excise-duty suspension arrangements in order to be able, under the movement arrangements applied for excise-duty purposes, to protect against the risks inherent in the movement of products from their place of dispatch to the office at the point of exit from the Community;
Whereas, when the dispatch of products subject to excise duty gives rise to a declaration placing those products under an internal transit procedure or under the TIR or ATA Convention procedure, it is necessary to establish that such declaration serves as the accompanying document for excise-duty purposes;
Whereas, when products subject to excise duty are released for consumption in a Member State and are intended to be moved to that same Member State via the territory of another Member State, it is necessary to use the simplified accompanying document as provided for in Commission Regulation (EEC) No 3649/92 (4);
Whereas, it is necessary to indicate on the accompanying document any losses occurring in the course of intra-Community movement in order to ensure that that document is correctly discharged and to specify the forms and content of such annotation;
Whereas it is necessary to provide for an optional guarantee, in place of those currently in existence, to be provided by the transporter or owner of the products in order to limit the risks inherent in intra-Community movement;
Whereas it is necessary to provide for the possible waiving of the intra-Community movement guarantee for mineral oils transported by sea or by pipeline;
Whereas it is necessary to allow a new consignee or a new place of delivery to be shown by means of an amendment to the accompanying administrative document;
Whereas it is necessary to lay down the conditions that the consignor of mineral oils must meet if he is not to complete the box relating to the consignee on the accompanying document where the latter is not known at the outset;
Whereas it is necessary to provide for the possibility of additional measures being adopted regarding spot checks in order to increase administrative cooperation between Member States;
Whereas it is necessary to permit the information shown on the copies of the accompanying document intended for the competent authorities of the Member States of departure and destination to be transmitted by computerized means;
Whereas it is necessary to provide for the return copy to be transmitted to the consignor by fax in order to ensure that the operation is duly and speedily concluded;
Whereas it is necessary, for products subject to excise duty moving regularly between tax warehouses located in two Member States, to simplify the procedure for discharging the accompanying document;
Whereas it is necessary to stipulate that the use of tax marking or national identification marks must not affect any provisions laid down by Member States to ensure that current tax legislation is implemented properly and to avoid any fraud, evasion or abuse;
Whereas it is necessary to lay down the conditions under which the armed forces and other organizations may benefit from excise-duty exemption;
Whereas it is important for the proper functioning of the internal market to define the products which come under the category of mineral oils;
Whereas it is necessary to define the products which come under the category of mineral oils and which are to be subject to the general excise control arrangements;
Whereas it is necessary to allow the refund of excise duties paid on contaminated or accidentally mixed mineral oils sent back to a tax warehouse for recycling;
Whereas it is necessary to grant compulsory exemption at Community level for mineral oils injected into blast furnaces for chemical reduction purposes in order to prevent distortions of competition arising from different taxation arrangements in Member States;
Whereas it is necessary to specify that mineral oils released for consumption in a Member State, contained in the fuel tanks of motor vehicles and intended to be used as fuel by such vehicles are exempt from excise duty in other Member States in order not to impede free movement of individuals and goods and in order to prevent double taxation;
Whereas it is necessary to update the CN codes relating to leaded and unleaded petrol in the light of the amendments made in the latest version of the Integrated Tariff of the European Communities (1);
Whereas, lastly, the amendments to the excise-duty application procedures provided for in this Directive for the purpose of ensuring the smooth functioning of the internal market cannot be made satisfactorily by the Member States individually and call, therefore, for approximation of the Member States' excise-duty legislation at Community level;
Whereas it is accordingly necessary to amend Directives 92/12/EEC (1), 92/81/EEC (2) and 92/82/EEC (3),
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 92/12/EEC is hereby amended as follows:
1. Article 5 shall be amended as follows:
(a) the first indent of paragraph 2 shall be replaced by the following:
'- are coming from, or going to, third countries or territories referred to in Article 2 (1), (2) and (3) or the Channel Islands and are placed under one of the customs suspensive procedures listed in Article 84 (1) (a) of Regulation (EEC) No 2913/92(*) or in a free zone or a free warehouse,
(*) OJ No L 302, 19. 10. 1992, p. 1.`;
(b) in paragraph 2, the second indent shall be replaced by the following:
'- are dispatched between Member States via EFTA countries or between a Member State and an EFTA country under the internal Community transit procedure or via one or more non-EFTA third countries under cover of a TIR or ATA carnet,`;
(c) in paragraph 2, the first part of the sentence of the second subparagraph shall be replaced by the following:
'In cases where the single administrative document is used:`;
(d) the following new paragraph shall be added:
'3. Any additional details that have to be shown on the transport or commercial documents serving as transit documents and the changes that have to be made to adapt the discharge procedure where goods subject to excise duty move under a simplified internal Community transit procedure shall be established according to the procedure provided for in Article 24.` 2. In Article 7, the following paragraphs shall be added:
'7. Where products subject to excise duty and already released for consumption in a Member State are to be moved to a place of destination in that Member State via the territory of another Member State, such movements shall take place under cover of the accompanying document referred to in paragraph 4 and shall use an appropriate itinerary.
8. In the cases referred to in paragraph 7:
(a) the consignor shall, before the goods are dispatched, make a declaration to the tax authorities of the place of departure responsible for carrying out excise-duty checks;
(b) the consignee shall attest to having received the goods in accordance with the rules laid down by the tax authorities of the place of destination responsible for carrying out excise-duty checks;
(c) the consignor and the consignee shall consent to any check enabling their respective tax authorities to satisfy themselves that the goods have actually been received.
9. Where products subject to excise duty are moved frequently and regularly under the conditions specified in paragraph 7, Member States may agree bilaterally to authorize a simplified procedure in derogation from paragraphs 7 and 8.` 3. In Article 13, point (a) shall be replaced by the following:
'(a) provide a guarantee, if necessary, to cover production, processing and holding and a compulsory guarantee to cover movement, subject to Article 15 (3), the conditions for which shall be set by the competent authorities of the Member State in which the tax warehouse is authorized;` 4. In Article 14, the following paragraph shall be added:
'4. The shortages referred to in paragraph 3 and losses which are not exempted under paragraph 1 shall, in all cases, be indicated by the competent authorities on the reverse of the copy of the accompanying document referred to in Article 18 (1) to be returned to the consignor.
The procedure shall be as follows:
- in the case of losses or shortages occurring during intra-Community transport of products subject to excise duty that are under duty suspension arrangements, the competent authorities of the Member State in which those losses or shortages are established shall annotate the return copy of the accompanying document accordingly,
- on the arrival of the products in the Member State of destination, the competent authorities of that Member State shall indicate whether they are granting partial exemption or no exemption in respect of the losses established.
In the cases referred to above they shall specify the basis for calculation of the excise duty to be levied in accordance with paragraph 3. The competent authorities of the Member State of destination shall send a copy of the return copy of the accompanying document to the competent authorities of the Member State in which the losses were established.` 5. Article 15 shall be amended as follows:
(a) paragraph 1 shall be replaced by the following:
'1. Without prejudice to Articles 5 (2), 16, 19 (4) and 23 (1a), the movement of products subject to excise duty under suspension arrangements shall take place between tax warehouses.
The first subparagraph shall apply to the intra-Community movement of products subject to excise duty at a zero rate which have not been released for consumption.`;
(b) paragraph 3 shall be replaced by the following:
'3. The risks inherent in intra-Community movement shall be covered by the guarantee provided by the authorized warehousekeeper of dispatch, as provided for in Article 13, or, if need be, by a guarantee jointly and severally binding on both the consignor and the transporter. The competent authorities in the Member States may permit the transporter or the owner of the products to provide a guarantee in place of that provided by the authorized warehousekeeper of dispatch. If appropriate, Member States may require the consignee to provide a guarantee.
If mineral oils subject to excise duty are transported within the Community by sea or by pipeline, Member States may relieve authorized warehousekeepers of dispatch of the obligation to provide the guarantee referred to in the first subparagraph.
The detailed rules for the guarantee shall be laid down by the Member States. The guarantee shall be valid throughout the Community.`;
(c) paragraph 5 shall be replaced by the following:
'5. An authorized warehousekeeper of dispatch or his agent may amend the contents of boxes 4, 7, 7a, 13, 14 and/or 17 of the accompanying document to show a new consignee, who must be an authorized warehousekeeper or registered trader, or a new place of delivery. The competent authority of dispatch must be notified immediately and the new consignee or the new place of delivery shall immediately be indicated on the reverse of the accompanying document.`;
(d) the following paragraph shall be added:
'6. In the case of intra-Community movement of mineral oils by sea or inland waterway, the authorized warehousekeeper of dispatch need not complete boxes, 4, 7, 7a, 13 and 17 on the accompanying document if, when the products are dispatched, the consignee is not definitively known, provided that:
- the competent authorities of the Member State of departure authorize the consignor in advance not to complete these boxes,
- the same authorities are notified of the name and address of the consignee, his excise number and the country of destination as soon as they are known or at the latest when the products reach their final destination.` 6. The following Article shall be inserted:
'Article 15b 1. With regard to the spot checks provided for in Article 19 (6), the competent authorities in a Member State may request the competent authorities of another Member State for information in addition to that set out in Article 15a. The provisions governing data protection in Directive 77/799/EEC (*) shall apply to such exchanges of information.
2. Where information is exchanged pursuant to paragraph 1 and internal legislation in a Member State stipulates that the persons concerned by the exchange of information must be consulted, such legislation may continue to be applied.
3. The information necessary to carry out spot checks under paragraph 1 shall be exchanged by means of a uniform control document. The form and content of that document shall be established in accordance with the procedure laid down in Article 24.
(*) OJ No L 336, 27. 12. 1977, p. 15.` 7. The following paragraph shall be added to Article 18:
'6. This Article shall also apply to products subject excise duty moving under duty-suspension arrangements between two tax warehouses located in the same Member State via the territory of another Member State.` 8. Article 19 shall be amended as follows:
(a) in paragraph 1, the following subparagraph shall be inserted after the second subparagraph:
'The competent authorities of the Member State of dispatch and destination may stipulate that the information contained in the copies of the accompanying document intended for them is to be sent by computerized means;` (b) in paragraph 2, the following two subparagraphs shall be inserted after the first subparagraph:
'Notwithstanding the above provisions, Member States of dispatch may provide for a copy of the return copy to be sent immediately to the consignor by fax so that the guarantee may be released quickly. This shall not affect the obligation to return the original pursuant to the first sentence.
Where products subject to excise duty move frequently and regularly between two Member States under duty suspension arrangements, the competent authorities of those Member States may, by mutual agreement, authorize the procedure for discharging the accompanying document to be simplified by means of summary or automated certification.`;
(c) paragraph 4 shall be replaced by the following:
'4. Products subject to excise duty that are dispatched by an authorized warehousekeeper established in a Member State for exportation via one or more other Member States shall be permitted to move under the duty-suspension arrangements as defined in Article 4 (c). Those arrangements shall be discharged by an attestation drawn up by the customs office of departure from the Community confirming that the products have indeed left the Community. That office must send back to the consignor the certified copy of the accompanying document intended for him.` 9. In Article 21 (2) the second subparagraph shall be replaced by the following:
'Without prejudice to any provisions they may lay down in order to ensure that this Article is implemented properly and to prevent any fraud, evasion or abuse, Member States shall ensure that these marks or markings do not create obstacles to the free movement of products subject to excise duty.` 10. In Article 23 the following paragraph shall be inserted:
'1a. The armed forces and organizations referred to in paragraph 1 shall be authorized to receive products from other Member States under excise-duty suspension arrangements under cover of the accompanying document referred to in Article 18 provided that the document is accompanied by an exemption certificate. The form and content of the exemption certificate shall be determined in accordance with the procedure laid down in Article 24.` 11. Article 24 shall be amended as follows:
(a) paragraph 2 shall be replaced by the following:
'2. The measures necessary for the application of Articles 5, 7, 15b, 18, 19 and 23 shall be adopted in accordance with the procedures laid down in paragraphs 3 and 4.`;
(b) paragraph 5 shall be replaced by the following:
'5. In addition to the measures referred to in paragraph 2, the Committee shall examine the matters referred to it by its chairman, either on his own initiative or at the request of the representative of a Member State, concerning the application of Community provisions on excise duties.`
Article 2
Directive 92/81/EEC is hereby amended as follows:
1. Article 2 shall be amended as follows:
(a) Paragraph 1 shall be replaced by the following:
'1. For the purposes of this Directive, ''mineral oil" shall cover:
(a) products falling within CN code 2706;
(b) products falling within CN codes 2707 10, 2707 20, 2707 30, 2707 50, 2707 91 00, 2707 99 11 and 2707 99 19;
(c) products falling within CN code 2709;
d) products falling within CN code 2710;
(e) products falling within CN codes 2711, including chemically pure methane and propane but excluding natural gas;
(f) products falling within CN codes 2712 10, 2712 20 00, 2712 90 31, 2712 90 33, 2712 90 39 and 2712 90 90;
(g) products falling within CN code 2715;
(h) products falling within CN code 2901;
(i) products falling within CN codes 2902 11 00, 2902 19 90, 2902 20, 2902 30, 2902 41 00, 2902 42 00, 2902 43 00 and 2902 44;
(j) products falling within CN codes 3403 11 00 and 3403 19;
(k) products falling within CN code 3811;
(l) products falling within CN code 3817`;
(b) paragraph 4 shall be replaced by the following:
'4. References in this Directive to codes of the combined nomenclature shall be to those of the version of the combined nomenclature in force on 1 October 1994`.
2. The following Article shall be inserted:
'Article 2a 1. Only the following mineral oils shall be subject to the control and movement provisions of Directive 92/2/EEC:
(a) products falling within CN codes 2707 10, 2707 20, 2707 30 and 2707 50;
(b) products falling within CN codes 2710 00 11 to 2710 00 78. However, for products falling within CN codes 2710 00 21, 2710 00 25 and 2710 00 59, the control and movement provisions shall only apply to bulk commercial movements;
(c) products falling within CN codes 2711 (except 2711 11 00 and 2711 21 00);
d) products falling within CN code 2901 10;
e) products falling within CN codes 2902 20, 2902 30, 2902 41 00, 2902 42 00, 2902 43 00 and 2902 44.
2. If a Member State finds that mineral oils other than those referred to in paragraph 1 are intended for use, offered for sale or used as heating fuel or motor fuel or or are otherwise giving rise to evasion, avoidance or abuse, it shall advise the Commission forthwith. The Commission shall transmit the communication to the other Member States within one month of receipt. A decision as to whether the products in question should be made subject to the control and movement provisions of Directive 92/12/EEC shall then be taken in accordance with the procedure laid down in Article 24 of Directive 92/12/EEC.
3. Member States may, under bilateral arrangements, dispense with some or all of the control measures set out in Directive 92/12/EEC in respect of some or all of the above products, in so far as they are not covered by Article 2 of Directive 92/82/EEC. Such arrangements shall not affect Member States which are not party to them. All such bilateral arrangements shall be notified to the Commission, which shall inform the other Member States.` 3. The following Article shall be inserted:
'Article 7a Member States may refund excise duty already paid on contaminated or accidentally mixed mineral oils sent back to a tax warehouse for recycling.` 4. Article 8 shall be amended as follows:
(a) in paragraph 1, the following point shall be added:
'(d) mineral oils injected into blast furnaces for the purposes of chemical reduction as an addition to the coke used as the principal fuel.` (b) in paragraph 2, the first sentence shall be replaced by the following:
'2. Without prejudice to other Community provisions, Member States may apply total or partial exemptions or reductions in the rate of duty to mineral oils or to other products intended for the same uses which are used under fiscal control.` 5. The following Article shall be inserted:
'Article 8a 1. Mineral oils released for consumption in a Member State, contained in the standard tanks of commercial motor vehicles and intended to be used as fuel by those same vehicles as well as in special containers and intended to be used for the operation, during the course of transport, of the systems equipping those same containers shall not be subject to excise duty in any other Member State.
2. For the purposes of this Article:
''standard tanks" shall mean:
- the tanks permanently fixed by the manufacturer to all motor vehicles of the same type as the vehicle in question and whose permanent fitting enables fuel to be used directly, both for the purpose of propulsion and, where appropriate, for the operation, during transport, of refrigeration systems and other systems.
Gas tanks fitted to motor vehicles designed for the direct use of gas as a fuel and tanks fitted to the other systems with which the vehicle may be equipped shall also be considered to be standard tanks,
- tanks permanently fixed by the manufacturer to all containers of the same type as the container in question and whose permanent fitting enables fuel to be used directly for the operation, during transport, of the refrigeration systems and other systems with which special containers are equipped.
''Special container" shall mean any container fitted with specially designed apparatus for refrigeration systems, oxygenation systems, thermal insulation systems or other systems.`
Article 3
In Directive 92/82/EEC, Article 2 shall be replaced by the following:
'Article 2 1. The mineral oils covered by this Directive are:
- leaded petrol falling within CN codes 2710 00 26, 2710 00 34 and 2710 00 36;
- unleaded petrol falling within CN codes 2710 00 27, 2710 00 29 and 2710 00 32;
- gas oil falling within CN code 2710 00 69;
- heavy fuel oil falling within CN codes 2710 00 74 to 2710 00 78;
- liquid petroleum gas falling within CN codes 2711 12 11 to 2711 19 00;
- methane falling within CN code 2711 29 00;
- kerosene falling within CN code 2710 00 51 and 2710 00 55.
2. References in paragraph 1 to combined nomenclature codes shall be those of the combined nomenclature in force on 1 October 1994.`
Article 4
1. Member States shall bring into force the laws regulations and administrative provisions necessary to comply with this Directive not later than 1 July 1995. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 22 December 1994. | [
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COUNCIL REGULATION (EEC) No 2245/92 of 27 July 1992 establishing Community statistical surveillance for certain agricultural products originating in Cyprus, Egypt, Jordan, Israel, Tunisia, Syria, Malta, Morocco and Lebanon which are subject to reference quantities (1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113,
Having regard to the proposal from the Commission,
Whereas the Additional Protocols to the Cooperation Agreements between the European Economic Community, of the one part, and Cyprus (1), Egypt (2), Jordan (3), Israel (4), Tunisia (5), Syria (6), Malta (7), Morocco (8) and Lebanon (9), of the other, have been concluded; whereas these Protocols provide for the progressive reduction, subject to reference quantities and to a Community surveillance within a set timetable, of the customs duties applicable to certain agricultural products originating in those countries and covered by the respective Agreements;
Whereas Council Regulation (EEC) No 451/89 of 20 February 1989 concerning the procedure to be applied to certain agricultural products originating in various Mediterranean third countries (10) determined the surveillance procedure in question;
Whereas, by Council Regulation (EEC) No 1764/92 of 29 June 1992 amending the arrangements for the import into the Community of certain agricultural products originating in Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria and Tunisia (11), the Community unilaterally increased the amount of these reference quantities in equal steps of 3 % or 5 % per year starting on 1 January 1992 and whereas for 1992 they have thus reached the levels shown in the Annex;
Whereas, in order to enable the competent departments of the Commission to establish an annual trade balance sheet for each of the products concerned and, if necessary, to put into application the arrangement provided for in Article 3 (1) of Regulation (EEC) No 451/89, these products are subject to a statistical surveillance;
Whereas imports of the products in question are charged against the reference quantities at Community level within pre-established timetables, as and when the products are entered with the customs authorities for free circulation; whereas, therefore, it is appropriate to establish, in 1992, reference quantities for the products listed in the Annex,
HAS ADOPTED THIS REGULATION:
Article 1
1. Imports into the Community in 1992 of certain products originating in Cyprus, Egypt, Jordan, Israel, Tunisia, Syria, Malta, Morocco and Lebanon shall be subject to reference quantities within the established timetables and to a statistical surveillance.
The description of the products referred to in the first subparagraph, their serial numbers, their CN codes, Taric codes and the quantities and timetable applying to the reference quantities are given in the table in the Annex.
2. Amounts shall be charged by Member States against the reference quantities as and when products are entered with customs authorities for free circulation, accompanied by a movement certificate conforming to the rules laid down in the Protocol concerning the definition of the concept of originating products annexed to each Cooperation Agreement between the European Economic Community of the one part and the countries referred to in the first subparagraph of paragraph 1 of the other.
Where the movement certificate is produced at a later date, the amount shall be charged against the corresponding reference quantity at the date of acceptance of the declaration of release 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, as communicated to the Statistical Office of the European Communities pursuant to Regulations (EEC) No 2658/87 (12) and (EEC) No 1736/75 (13).
Article 2
The 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 the third day following that of its publication in the Official Journal of the European Communities.
It shall be applicable from 1 January 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 July 1992. | [
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COMMISSION DECISION of 1 August 1997 concerning certain protective measures with regard to certain fishery products originating in Malaysia (Text with EEA relevance) (97/518/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 organisation of veterinary checks on products entering the Community from third countries (1), as last amended by Directive 96/43/EC (2), and in particular Article 19 thereof,
Whereas, upon importation of frozen cephalopods originating in a processing establishment in Malaysia, the presence of Salmonella paratyphi B has been detected;
Whereas the presence of Salmonella paratyphi on food is a result of bad hygienic practices before and/or after processing of food;
Whereas the presence of Salmonella paratyphi on food presents a potential risk for human health;
Whereas imports of products from the establishment concerned in Malaysia must therefore not be further allowed;
Whereas the measures provided for in this Decision are in conformity with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
This Decision shall apply to fishery products, fresh, frozen or processed, originating in Malaysia.
Article 2
Member States shall ban the imports of fresh fishery products, in all forms, originating in the following establishment in Malaysia: Sea Master Trading - Penang code No 12.
Article 3
The Member States shall modify the measures they apply in trade in order to bring them into line with this Decision. They shall immediately inform the Commission thereof.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 1 August 1997. | [
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COMMISSION REGULATION (EEC) No 3103/87
of 16 October 1987
opening intervention purchasing of colza, rape and sunflower seed in the Community except in Portugal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Commision Regulation No 136/66/EEC of 22 september 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No 1915/87 (2), and in particular Article 26 (3) thereof,
Having regard to Commission Regulation No 282/67/EEC of 11 July 1967 on detailed rules for intervention for oil seeds (3), as last amended by Regulation (EEC) No 2933/87 (4), and in particular Article 2 (2) thereof;
Whereas Article 2 of Regulation No 282/67/EEC specifies the conditions under which intervention purchasing of colza, rape und sunflower seed may be commenced; whereas paragraph 7 of that Article lays down special conditions that must apply in the case of Spain and of Portugal;
Whereas market prices recorded in the manner specified in the Community as constituted on 31 December 1985 and in Spain are below the intervention prices; whereas the required conditions are not met in Portugal; whereas under Article 2 of Regulation No 282/67/EEC intervention purchasing of oil seeds should be opened throughout the Community except in Portugal;
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
The intervention agencies of all member States except Portugal shall purchase colza, rape and sunflower seed of Community origin offered at intervention centres, the terms laid down in Regulation No 282/67/EEC applying.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 October 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 October 1987. | [
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COMMISSION DECISION
of 13 December 1994
on German aid to the coal industry for 1994
(Only the German text is authentic)
(Text with EEA relevance)
(94/1070/ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community,
Having regard to Commission Decision No 363293/ECSC of 28 December 1993 establishing Community rules for State aid to the coal industry (1), and in particular Articles 8 and 9 thereof,
I
Whereas, by letter of 28 December 1993, Germany notified the Commission, in accordance with Article 9 (1) of Decision No 3632/93/ECSC, of the aid it intended to grant to the coal industry in 1994;
Whereas, by letter of 29 April 1994, Germany submitted to the Commission a plan for the modernization, rationalization and restructuring of the coal industry, in accordance with Article 8 of the abovementioned Decision;
Whereas, by letters of 6 September and 23 November 1994, the Member State provided additional information;
Whereas, in accordance with Decision No 363293/ECSC, the Commission gives its opinion on the compatibility of the plan for modernization, rationalization and restructuring of the coal industry with the general and specific objectives set out in the Decision and establishes the following measures for 1994:
- aid totalling DM 2 853 million for the sale of coal and coke to the Community steel industry,
- aid totalling DM 110 million for maintaining the underground labour force ('Bergmannspraemie'),
- aid totalling DM 127,8 million for compensation between coalfields and DM 57,9 million for compensation for coal with a low volatile matter content,
- aid totalling DM 5 800 million under the Third Electricity-from-Coal Law of 13 December 1974 (2) ('drittes Verstromungsgesetz') in the form of revenue from the compensation fund for 1994. This corresponds to a levy rate ('Kohlepfennig') of 8,5 %,
- the setting-up of a credit line of DM 6 000 million under Article 3 of the Law of 19 July 1994 guaranteeing Coal Supplies for Power Stations and amending the Law on Nuclear Energy and the Law on Electricity Supply (3) ('Gesetz zur Sicherung des Einsatzes von Steinkohle in der Verstromung und zur AEnderung des Atomgesetzes und des Stromeinspeisungsgesetz') for the purpose of clearing debts from the compensation fund entered under the Third Electricity-from-Coal Law, which amounted to DM 5 350 million on 31 December 1993, and to ensure the future solvency of that fund;
Whereas the financial measures proposed by the Federal Government for the coal industry comply with the provisions of Article 1 of Decison No 3632/93/ECSC and must be approved by the Commission in accordance with Article 9; whereas the Commission takes its decision above all with regard to the general objectives and criteria defined in Article 2 and the specific criteria defined in Articles 3 and 4 of the Decision; whereas, in accordance with Article 9 (6) of the Decision, the Commission is required to check whether the measures are in conformity with the plans submitted;
II
Whereas the plan submitted by the Federal Government for the modernization, rationalization and restructuring of the coal industry has to be assessed in the light of the general objectives and criteria defined in Article 2 (1) of Decision No 3632/93/ECSC and the specific objectives and criteria defined in Articles 3 and 4 thereof;
Whereas the production targets set out in this plan are based on the guidelines for the German coal industry agreed by the mining undertakings, the Federal Government , the Federal Land Governments of North Rhine-Westphalia and the Saar and the trade union federations of the coal industry and electricity producers during the 'Kohlerunde' negotiations on 11 November 1991;
Whereas, for coal intended for use in thermal power stations, the Law of 19 July 1994 guaranteeing Coal Supplies for Power Stations and amending the Law on Nuclear Energy and the Law on Electricity Supply lays down the amount of aid provided for under the plan for the period from 1 January 1995 to 31 December 2000; whereas no special rules have yet been laid down with regard to the volume of aid for the production of coal for the Community steel industry;
Whereas the restructuring plans of the mining undertakings Ruhrkohle AG, Saarbergwerke AG, Preussag Anthrazit GmbH, Gewerkschaft Auguste Victoria GmbH and Sophia Jacoba GmbH include measures intended to reduce the output of the German coal industry by 14 million tonnes between 1 January 1994 and 31 December 1999; whereas 64 million tonnes were produced in 1993;
Whereas in the year 2000 a maximum of 35 million tonnes of coal are to be produced for thermal power stations and a maximum of 15 million tonnes for delivery to the steel industry;
Whereas, to meet this objective, the German coal industry has adopted rationalization and restructuring measures aimed at concentrating production on those locations which offer the least unfavourable prospects in terms of production costs, that is to say, gradually to close down the production sites having the biggest deficits; whereas Sophia Jacoba GmbH is to be finally closed down in 1997;
Whereas the geological conditions of the coalfields are such that the coal has to be mined at even greater depth and the introduction of new technologies would consequently do little to produce any tangible improvement in the competitiveness of the German coal industry; whereas, compared with 1992 prices, average production costs are due to fall by only DM 26 between 1992 and 2002, from DM 286 to DM 260, despite substantial production cuts during that period; whereas a significant reduction in aid can therefore only be achieved by means of a gradual and continuous reduction in the level of activity in the undertakings concerned;
Whereas, as a result of this situation, the Federal Government has decided to impose on current costs an upper limit of DM 7 500 million for 1996 and DM 7 000 million per annum for the period from 1997 to 2000, as regards aid for coal for use in thermal power stations, regardless of the volume produced;
Whereas the Federal Government is expected to decide in the next few months to reduce future aid for the supply of coal to the steel industry; whereas the Commission must express its opinion on that decision;
Whereas, by placing a ceiling on aid based on current costs, to be further reduced at a future date in parallel with the gradual reduction of production capacities, Germany is starting a course of action which is compatible with the first and second indents of Article 2 (1) of Decision No 3632/93/ECSC, namely action which will help, in the light of coal prices on international markets, to make further progress towards economic viability with the aim of achieving degression of aids and solving the social and regional problems created by total or partial reductions in the activity of production units;
Whereas, in view of the limited ability of undertakings to improve their economic viability due to current prices on international markets, the Commission, in making its assessment, has also taken account of the urgent need to minimize the social and regional impact of restructuring and to give mining undertakings medium-term prospects to enable successful structural changes to be made;
Whereas, in the light of the above, the plan submitted by Germany is compatible with the objectives and criteria defined in Articles 2, 3 and 4 of the Decision, provided that it complies with all of the conditions set out therein, in particular as far as non-discrimination between coal producers and between coal buyers and users in the Community is concerned;
III
Whereas the aid of DM 2 853 million which Germany wishes to grant to the coal industry under the rules on coking coal is intended to cover the difference between production costs and the selling price freely agreed for coal of the same quality in the light of the conditions prevailing on the world market; whereas this aid is covered by agreements between undertakings eligible for operating aid under Article 3 of the Decision and the Community steel industry;
Whereas it is intended to guarantee that the coal undertakings concerned shall supply their 1994 production, which is limited to 18 million tonnes, to the steel industry; whereas failure to grant the aid would in the short term lead to the closure of all the production units concerned, thereby further exacerbating the social and regional problems created by the reductions in coalmining;
Whereas, since 1 January 1992, the German Government has been granting aid for the supply of coal and coke to the steel industry according to a system aimed at increasing the pressure on production costs over a three-year period from 1 January 1992 to 31 December 1994; whereas, continuing the policy it followed from 1989 to 1991, the Government also reduced the ceiling on aid for the period from 1992 to 1994 and in addition introduced a financial contribution of DM 16 per tonne payable by the coal undertakings (cost sharing);
Whereas aid totalling DM 9 106 million is planned for this period, based on a total sales volume of 57,2 million tonnes; whereas the aid earmarked for this period is equivalent to only 83 % of the aid granted under the old rules during the previous three-year period; whereas the sales volumes subsidized are equivalent to 81 % of the volumes subsidized between 1989 and 1991;
Whereas the aid planned by Germany for 1994 is 12 % less than in 1993;
Whereas any plan for a subsequent change to the amount approved under this Decision must be notified in accordance with the second indent of Article 3 (1) of Decision No 3632/93/ECSC to enable the Commission to express an opinion on it in accordance with Article 9 of that Decision;
Whereas the inclusion of this measure in the modernization, restructuring and rationalization plan submitted by the Federal Government, the reduction in volumes and the imposition of a ceiling on aid for the period from 1992 to 1994 are in keeping with the objective set out in the first indent of Article 2 (1) of the Decision to make, in the light of coal prices on international markets, further progress towards economic viability with the aim of achieving degression of aids;
Whereas, in assessing the aid, the Commission has also taken account, in accordance with the secound indent of Article 2 (1), of the urgent need to ease the social and regional impact of restructuring;
Whereas the stabilization of costs planned for 1994 must, in keeping with the plan notified by Germany, generate a trend towards a reduction in production costs at 1992 prices within the meaning of the second subparagraph of Article 3 (2);
Whereas the arrangements for granting the aid will, in accordance with the provisions of Article 3 of the Decision, help to improve the economic viability of the undertakings concerned by reducing production costs;
Whereas Germany must take care to ensure that this aid does not produce any discrimination between producers, between purchasers or between consumers as referred to in point (b) of Article 4 of the ECSC Treaty;
Whereas, in the light of the above and on the basis of the information provided by Germany, the aid planned for 1994 is compatible with the objectives of Decision No 3632/93/ECSC and with the smooth functioning of the common market;
IV
Whereas aid totalling DM 110 million is planned to enable mining undertakings to maintain their underground labour force in deep mines ('Bergmannspraemie'); whereas this aid corresponds to DM 10 per underground shift; whereas it therefore indirectly covers part of the difference between production costs and the foreseeable sales proceeds; whereas, according to the German notification, this aid is an extra payment to miners and thus also reduces production costs; whereas it is therefore aid which has to be assessed by reference to Article 3 of the Decision;
Whereas the aid contributes to the maximization of productivity and therefore helps in the restructuring and rationalization of the coal industry; whereas it therefore also helps to achieve the objectives referred to in the first indent of Article 2 (1), namely to make, in the light of coal prices on international markets, further progress towards economic viability with the aim of achieving the degression of aids;
Whereas, in assessing the aid, the Commission has taken account, in accordance with the second indent of Article 2 (1), of the urgent need to minimize the social and regional impact of restructuring;
Whereas the stabilization of costs planned for 1994 must, in keeping with the plan notified by Germany, generate a trend towards a reduction in production costs at 1992 prices within the meaning of the second paragraph of Article 3 (2);
Whereas this aid will improve the economic viability of the undertakings concerned in accordance with the provisions of Article 3 of the Decision by increasing productivity and thereby reducing production costs;
Whereas, in the light of the above and on the basis of the information provided by the Federal Government, the aid planned for 1994 is compatible with the objectives of Decision No 3632/93/ECSC and with the smooth functioning of the common market;
V
Whereas the aid of DM 127,8 million for compensation between coalfields and the aid of DM 57,9 million for compensation for coal with a low volatile matter content are intended to provide partial compensation for the fact that some coal producers receive revenue which is lower than production costs because of sales to electricity producers under contracts for the purchase of German coal concluded by electricity generators ('Jahrhundertvertrag'); whereas, according to the information provided by Germany, the compensation between coalfields covers 7,5 million tonnes and the compensation for coal with a low volatile matter content 2,3 million tonnes; whereas this aid, which was provided for until 31 December 1989 under the Third Electricity-from-Coal Law, has been entered in the German national budget since 1 January 1990; whereas Germany has taken this opportunity to introduce the principle of reducing those amounts by 10 % per annum; whereas they therefore indirectly cover part of the difference between production costs and foreseeable sales proceeds;
Whereas the inclusion of this aid in the modernization, restructuring and rationalization plan and its gradual reduction will contribute to greater financial discipline in the undertakings concerned; whereas this aid therefore achieves the objectives set out in the first indent of Article 2 (1) of the Decision;
Whereas, in assessing this aid, the Commission has, in accordance with the second indent of Article 2 (1), also taken account of the urgent need to ease the social and regional impact of restructuring; whereas it has also taken account of the increased transparency of the aid following its inclusion in the national budget as from 1 January 1990;
Whereas the stabilization of costs planned for 1994 must, in keeping with the plan notified by Germany, generate a trend towards a reduction in production costs at 1992 prices within the meaning of the second indent of Article 3 (2);
Whereas the aid helps to improve the economic viability of the undertakings concerned by reducing production costs;
Whereas, in the light of the above and on the basis of the information provided by Germany, the aid planned for 1994 is compatible with the objectives of Decision No 3632/93/ECSC and with the smooth functioning of the common market;
VI
Whereas the aid of DM 5 800 million to the coal industry planned by the Federal Government is covered by the Third Electricity-from-Coal Law for quantities of coal agreed between coal and electricity producers under schemes linked to the 'Jahrhundertvertrag', whereas this Law provides for the creation of a compensation fund financed from a levy, the 'Kohlepfennig'; whereas the purpose of this fund is to provide partial compensation for price differences between Community coal and imported coal in respect of 11,5 million tonnes coal equivalent (tce) and between Community coal and fuel oil in respect of 23 million tce; whereas the compensation fund therefore covers 34,5 million tce per annum and benefits electricity producers who purchase German coal at a price which more or less reflects production costs;
Whereas this measure constitutes aid within the meaning of Article 1 (3) of Decision No 3632/93/ECSC, according to which the term 'aid' also covers the allocation, for the direct or indirect benefit of the coal industry, of the charges rendered compulsory as a result of State intervention, without any distinction being drawn between aid granted by the State and aid granted by public or private bodies appointed by the State to administer such aid; whereas the Commission must therefore take a decision on this measure in accordance with Article 9 of the Decision;
Whereas a decision has been taken each year pursuant to Commission Decision No 2064/86/ECSC on aid granted in accordance with the Third Electricity-from-Coal Law (1); whereas, in accordance with Article 9 (7) of Decision No 3632/93/ECSC, the existing rules must be brought into line with the provisions of that Decision no later than 31 December 1996; whereas, if this has not yet been done, an assessment must be made as to whether the aid achieves the objectives set out in Article 2 (1) of the Decision;
Whereas the slight increase of 1,7 % in the aid in 1994 compared with 1993 is due to the downward trend in energy prices expressed in DM on the international market despite the stabilization of production costs; whereas Germany has therefore decided to place an upper limit at current prices on this aid on 1 January 1996 and gradually to reduce it further as from 1 January 1997;
Whereas, in view of the proposed increase in the aid for 1994 of 1,7 % compared with 1993, the Commission takes the view that Germany's decision to introduce a ceiling in 1996 and thereafter to reduce the levels of aid is a welcome development in the context of the objectives set out in the first indent of Article 2 (1);
Whereas, in assessing the aid, the Commission has taken account, in accordance with the second indent of Article 2 (1), of the urgent need to minimize the social and regional impact of restructuring;
Whereas, in view of the above and on the basis of the information provided by Germany, the aid proposed for 1994 is compatible with the objectives set out in Article 2 (1) of Decision No 3632/93/ECSC;
VII
Whereas the Law of 19 July 1994 guaranteeing Coal Supplies for Power Stations and amending the Law on Nuclear Energy and the Law on Electricity Supply amends the Third Electricity-from-Coal Law of 19 April 1990; whereas the solvency of the compensation fund is currently guaranteed as it has been possible to open a credit line of DM 6 000 million;
Whereas this credit line is intended to provide compensation for the fund's deficit, which amounted to DM 5 350 million on 31 December 1993; whereas this deficit is due to the fact that, in several coal production years, the fund's revenue - for example, revenue from the 'Kohlepfennig' - has not been sufficient to cover the financial obligations to electricity producers who purchase Community coal under the Third Electricity-from-Coal Law; whereas these obligations have been higher than expected because energy prices on the international market in DM have fallen; whereas the balance of DM 650 millions is intended to guarantee the solvency of the fund, if necessary, in the coal production years 1994 and 1995;
Whereas this measure must be regarded as an indirect measure within the meaning of Article 1 (2) which is linked to marketing and gives coal undertakings an economic advantage by reducing the costs which they would normally have to bear;
Whereas the Commission notes that that part of the credit line which is intended to compensate for the fund's deficit on 31 December 1993 supplements the aid granted in accordance with Decision No 2064/86/ECSC; whereas, in accordance with the measures which have to be applied pursuant to Article 9 (7) of the Decision, it is a positive development to bring the rules into line with Decision No 3632/93/ECSC; whereas the Commission notes that this measure is part of a system which specifically provides for the gradual reduction of aid in accordance with the first indent of Article 2 (1);
Whereas, in view of the above and on the basis of the information provided by Germany, the aid proposed for 1994 is compatible with the objectives set out in Article 2 (1) of Decision No 3632/93/ECSC;
Whereas the Commission notes that the balance of DM 650 million is to be used, if necessary, to provide compensation for deficits during the coal production years 1994 and 1995 but cannot give an opinion on any payments until a detailed explanatory statement has been submitted;
VIII
Whereas this Decision does not prejudge the question of whether the new German system of aid which must be introduced for coal for sale to the steel industry is compatible with the Treaties and with Decision No 3632/93/ECSC; whereas this also applies to the changes which have to be made, in accordance with Article 9 (7), to the rules on aid which are linked to agreements between coal and electricity producers;
Whereas Germany will ensure that the aid granted under this Decision does not exceed, for any undertaking or production unit, the difference between production costs and foreseeable revenue;
Whereas the Commission is required, in accordance with the second indent of Article 3 (1) and Article 9 (2) and (3) of Decision No 3632/93/ECSC, to verify whether the aid granted for current production achieves the objectives set out in Articles 3 and 4 of the Decision; whereas it must therefore be informed as to the level of payments and their allocation,
HAS ADOPTED THIS DECISION:
Article 1
Germany is hereby authorized to take the following measures in 1994 to support the coal industry:
- aid totalling DM 2 853 million for the supply of coal and coke to the Community steel industry,
- aid totalling DM 110 million to maintain underground mine workers ('Bergmannspraemie'),
- aid totalling DM 127,8 million for compensation between coalfields and DM 57,9 million for compensation for coal with a low volatile matter content,
- aid totalling DM 5 800 million in connection with the Third Electricity-from-Coal Law as revenue from the compensation fund ('Ausgleichsfonds') for 1994, corresponding to a levy rate ('Kohlepfennig') of 8,5 %,
- activation of DM 5 350 million, out of a credit line totalling DM 6 000 million, in the context of Article 3 of the Law of 19 July 1994 guaranteeing Coal Supplies for Power Stations and amending the Law on Nuclear Energy and Law on Electricity Supply for the purpose of clearing debts as at 31 December 1993 from the compensation fund entered under the Third Electricity-from-Coal Law.
Article 2
Germany shall provide information no later than 30 September 1995 about the amounts actually paid during the 1994 production year.
Article 3
Germany shall provide information no later than 30 September 1995 about changes occurring during 1994 in the sale of coal and coke to the steel industry, in the target price and in all data relevant to production costs.
Article 4
In accordance with Decision No 3632/93/ECSC, the Federal Government shall give notification, where appropriate, of any plan to disburse, in full or in part, the balance of DM 650 million from the credit line in the context of the Law of 19 July 1994 guaranteeing Coal Supplies for Power Stations and amending the Law on Nuclear Energy and the Law on Electricity Supply.
Article 5
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 13 December 1994. | [
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COMMISSION REGULATION (EEC) No 2274/88
of 25 July 1988
re-establishing the levying of customs duties on cysteine, cystine and their derivatives falling within CN code 2930 90 10 originating in China to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3635/87 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3635/87 of 17 November 1987 applying generalized tariff preferences for 1988 in respect of certain industrial products originating in developing countries (1), and in particular Article 16 thereof,
Whereas, pursuant to Article 1 of Regulation (EEC) No 3635/87, duties on certain products, originating in each of the countries or territories listed in Annex III shall be totally suspended and the products as such shall, as a general rule, be subject to statistical suveillance every three months on the reference base referred to in Article 15;
Whereas, as provided for in Article 15 of that Regulation where the increase of preferential imports of these products, originating in one or more beneficiary countries, causes, or threatens to cause, economic difficulties in the Community or in a region of the Community, the levying of customs duties may be reintroduced, once the Commission has had an appropriate exchange of information with the Member States; whereas for this purpose the reference base to be considered shall be, as a general rule, equal to 5 % of the total importations into the Community, originating from third countries in 1986;
Whereas, in the case of cysteine, cystine and their derivatives falling within CN code 2930 90 10 originating in China the individual ceiling was fixed at 943 000 ECU; whereas, on 1 July 1988, imports of these products into the Community originating in China reached the ceiling in question after being charged thereagainst; whereas the exchange of information organized by the Commission has demonstrated that continuance of the preference threatens to cause economic difficulties in a region of the Community; whereas it is appropriate to re-establish the levying of customs duties in respect of the products in question against China,
HAS ADOPTED THIS REGULATION:
Article 1
As from 29 July 1988, the leying of customs duties, suspended pursuant to Regulation (EEC) No 3635/87 shall be re-established on imports into the Community of the following products originating in China:
1.2 // // // CN code // Description // // // 2930 90 10 // cysteine, cystine and their derivatives // //
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, 25 July 1988. | [
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Commission Regulation (EC) No 1066/2003
of 20 June 2003
opening a standing invitation to tender for the export of sorghum held by the French intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2), and in particular Article 5 thereof,
Whereas:
(1) Commission Regulation (EEC) No 2131/93(3), as last amended by Regulation (EC) No 1630/2000(4), lays down the procedure and conditions for the disposal of cereals held by intervention agencies.
(2) Commission Regulation (EEC) No 3002/92(5), as last amended by Regulation (EC) No 770/96(6), lays down common detailed rules for verifying the use and/or destination of products from intervention.
(3) Given the current market situation, a standing invitation to tender should be opened for the export of 6575 tonnes of sorghum held by the French intervention agency.
(4) Special rules must be laid down to ensure that the operations are properly carried out and monitored. To that end, securities should be lodged to ensure that the goals of the operation are achieved without excessive cost to the operators. Derogations should accordingly be made to certain rules, in particular those laid down in Regulation (EEC) No 2131/93.
(5) Where removal of the sorghum is delayed by more than five days or the release of one of the securities required is delayed for reasons imputable to the intervention agency, the Member State concerned should pay compensation.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The French intervention agency shall issue a standing invitation to tender for the export of sorghum held by it in accordance with Regulation (EEC) No 2131/93, save as otherwise provided in this Regulation.
Article 2
1. The invitation to tender shall cover a maximum of 6575 tonnes of sorghum for export to third countries.
2. The quantity of sorghum referred to in paragraph 1 shall be stored in the regions listed in Annex I.
Article 3
1. No export refund or tax or monthly increase shall be granted on exports carried out under this Regulation.
2. Article 8(2) of Regulation (EEC) No 2131/93 shall not apply.
3. Notwithstanding the third paragraph of Article 16 of Regulation (EEC) No 2131/93, the price to be paid for the export shall be that quoted in the tender, with no monthly increase.
Article 4
1. Export licences shall be valid from their date of issue within the meaning of Article 9 of Regulation (EEC) No 2131/93 until the end of the fourth month thereafter.
2. Tenders submitted in response to the invitation to tender opened by this Regulation may not be accompanied by export licence applications submitted under Article 49 of Commission Regulation (EC) No 1291/2000(7).
Article 5
1. Notwithstanding Article 7(1) of Regulation (EEC) No 2131/93, the time limit for submission of tenders under the first partial invitation to tender shall be 9.00 (Brussels time) on 3 July 2003.
2. The time limit for submission of tenders under subsequent partial invitations to tender shall be 9.00 (Brussels time) each Thursday thereafter.
3. The last partial invitation to tender shall expire at 9.00 (Brussels time) on 27 May 2004.
4. Tenders shall be lodged with the French intervention agency.
Article 6
1. The intervention agency, the storer and a successful tenderer shall, at the request of the latter and by common agreement, either before or at the time of removal from storage as the tenderer chooses, take reference samples for counter-analysis at the rate of at least one sample for every 500 tonnes and shall analyse the samples. The intervention agency may be represented by a proxy, provided this is not the storer.
Reference samples for counter-analysis shall be taken and analysed within seven working days of the date of the successful tenderer's request or within three working days if the samples are taken on removal from storage.
In the event of a dispute, the analysis results shall be forwarded to the Commission.
2. The successful tenderer must accept the lot as established where the final result of sample analyses indicates a quality:
(a) higher than that specified in the notice of invitation to tender;
(b) higher than the minimum characteristics laid down for intervention but below the quality described in the notice of invitation to tender, providing that the differences do not exceed the following limits:
- a quarter of a percentage point as regards maximum tannin content,
- one percentage point as regards moisture content,
- half a percentage point as regards the impurities specified in points B.2 and B.4 of the Annex to Commission Regulation (EC) No 824/2000(8), and
- half a percentage point as regards the impurities specified in point B.5 of the Annex to Regulation (EC) No 824/2000, the percentages admissible for noxious grains and ergot, however, remaining unchanged.
Where the final result of sample analyses indicates a quality higher than the minimum characteristics laid down for intervention but below the quality described in the notice of invitation to tender, and a difference exceeding the limits set out in point (b), the successful tenderer may:
- accept the lot as established, or
- refuse to take over the lot concerned.
In the case provided for in the second indent of the second subparagraph, the successful tenderer shall be discharged of all obligations relating to the lot in question and the securities shall be released provided the Commission and the intervention agency are immediately notified using the form set out in Annex II.
Where the final result of sample analyses indicates a quality below the minimum characteristics laid down for intervention, the successful tenderer may not remove the lot in question. The successful tenderer shall be discharged of all obligations relating to the lot in question and the securities shall be released provided the Commission and the intervention agency are immediately notified using the form set out in Annex II.
3. In the cases provided for in the second indent of the second subparagraph of paragraph 2 and in the third subparagraph thereof, the successful tenderer may request the intervention agency to supply another lot of intervention sorghum of the quality laid down at no additional charge. In that case, the security shall not be released. The lot must be replaced within three days of the date of the successful tenderer's request. The successful tenderer shall immediately inform the Commission thereof using the form set out in Annex II.
If, as a result of successive replacements, the successful tenderer has not received a replacement lot of the quality laid down within one month of the date of the first request for a replacement, the successful tenderer shall be discharged of all obligations and the securities shall be released, provided the Commission and the intervention agency have been immediately informed using the form set out in Annex II.
4. If the sorghum is removed from storage before the results of the analyses are known, all risks shall be borne by the successful tenderer from the time the lot is removed, without prejudice to any means of redress against the storer.
5. Except where the final results of analyses indicate a quality below the minimum characteristics laid down for intervention, as referred to in the third subparagraph of paragraph 2, the costs of taking the samples and conducting the analyses provided for in paragraph 1 but not of inter-bin transfers shall be borne by the European Agricultural Guidance and Guarantee Fund (EAGGF) in respect of up to one analysis per 500 tonnes. The costs of inter-bin transfers and any additional analyses requested by the successful tenderer shall be borne by that tenderer.
Article 7
Notwithstanding Article 12 of Regulation (EEC) No 3002/92, the documents relating to the sale of sorghum under this Regulation, and in particular the export licence, the removal order referred to in Article 3(1)(b) of Regulation (EEC) No 3002/92, the export declaration and, where applicable, the T5 copy shall carry the following entry:
- Sorgo de intervención sin aplicación de restitución ni gravamen, Reglamento (CE) n° 1066/2003
- Sorghum fra intervention uden restitutionsydelse eller -afgift, forordning (EF) nr. 1066/2003
- Interventionssorghum ohne Anwendung von Ausfuhrerstattungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 1066/2003
- Σόργος παρέμβασης χωρίς εφαρμογή επιστροφής ή φόρου, κανονισμός (ΕΚ) αριθ. 1066/2003
- Intervention sorghum without application of refund or tax, Regulation (EC) No 1066/2003
- Sorgho d'intervention ne donnant pas lieu à restitution ni taxe, règlement (CE) n° 1066/2003
- Sorgo d'intervento senza applicazione di restituzione né di tassa, regolamento (CE) n. 1066/2003
- Sorghum uit interventie, zonder toepassing van restitutie of belasting, Verordening (EG) nr. 1066/2003
- Sorgo de intervenção sem aplicação de uma restituição ou imposição, Regulamento (CE) n.o 1066/2003
- Interventiodurraa, johon ei sovelleta vientitukea eikä vientimaksua, asetus (EY) N:o 1066/2003
- Interventionssorghum, utan tillämpning av bidrag eller avgift, förordning (EG) nr 1066/2003.
Article 8
1. The security lodged under Article 13(4) of Regulation (EEC) No 2131/93 shall be released once the export licences have been issued to the successful tenderers.
2. Notwithstanding Article 17(1) of Regulation (EEC) No 2131/93, the obligation to export shall be covered by a security equal to the difference between the intervention price applying on the day of the award and the price awarded but not less than EUR 10 per tonne. Half of this security shall be lodged when the licence is issued and the remaining half shall be lodged before the cereals are removed.
3. Notwithstanding Article 15(2) of Regulation (EEC) No 3002/92, the part of the security lodged when the licence is issued shall be released within 20 working days of the date on which the successful tenderer provides proof that the cereals removed have left the customs territory of the Community.
4. Notwithstanding the second indent of Article 17(3) of Regulation (EEC) No 2131/93, the remainder of the security shall be released within 15 working days of the date on which the successful tenderer provides the proof referred to in Article 16 of Commission Regulation (EC) No 800/1999(9).
5. Except in duly substantiated exceptional cases, in particular the opening of an administrative enquiry, where the securities provided for in paragraphs 1, 3 and 4 are released after the time limits specified in those paragraphs, the Member State shall be required to pay compensation amounting to EUR 0,015 per 10 tonnes for each day's delay.
This compensation shall not be charged to the EAGGF.
Article 9
Within two hours of the expiry of the time limit for the submission of tenders, the French intervention agency shall notify the Commission of tenders received. Such notification shall be made using the form set out in Annex III.
Article 10
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, 20 June 2003. | [
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COMMISSION REGULATION (EC) No 1297/98 of 23 June 1998 fixing the weighting coefficients to be used in calculating the Community market price for pig carcases and repealing Regulation (EC) No 1205/97
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organization of the market in pigmeat (1), as last amended by Regulation (EC) No 3290/94 (2), and in particular Article 4(6) thereof,
Whereas the Community market price for pig carcases, as referred to in Article 4(2) of Regulation (EEC) No 2759/75, must be established by weighting the prices recorded in each Member State by coefficients expressing the relative size of the pig population of each Member State; whereas these coefficients should be determined on the basis of the number of pigs counted at the beginning of December each year in accordance with Council Directive 93/23/EEC of 1 June 1993 concerning surveys of pig production to be made by the Member States (3);
Whereas, in view of the results of the census of December 1997 the weighting coefficients fixed by Commission Regulation (EC) No 1205/97 (4) should be adjusted;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
The weighting coefficients referred to in Article 4(2) of Regulation (EEC) No 2759/75 shall be as specified in the Annex hereto.
Article 2
Regulation (EC) No 1205/97 is hereby repealed.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 June 1998. | [
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*****
COUNCIL REGULATION (EEC) No 3461/87
of 17 November 1987
amending Regulation (EEC) No 3089/78 laying down general rules in respect of aid for the consumption of olive oil, and providing for certain exceptional measures
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No 1915/87 (2), and in particular Articles 11 (7) thereof,
Having regard to the proposal from the Commission,
Whereas Article 11 of Regulation No 136/66/EEC instituted consumption aid for olive oil produced and marketed in the Community;
Whereas Article 35 of the said Regulation stipulates that, from 1 November 1987, only oil as referred to in point 1 (a) and (b) and points 3 and 6 of the Annex to the said Regulation may be marketed at the retail stage; whereas Regulation (EEC) No 3089/78 (3), as last amended by Regulation (EEC) No 3788/85 (4), should therefore be amended so that provision be no longer made for consumption aid for ordinary virgin olive oil;
Whereas, pursuant to Article 35 (3) of Regulation No 136/66/EEC Member States may, until 31 December 1989, derogate from the provisions of that Article as regards the marketing of olive oil and olive-pomace oil within their territory; whereas this Regulation must not affect that right; whereas it is therefore advisable to provide for exceptional measures for a limited period,
HAS ADOPTED THIS REGULATION:
Article 1
Point (a) in Article 4 (1) of Regulation (EEC) No 3089/78 is hereby replaced by the following:
'(a) complies with one of the definitions given in point 1 (a) and (b) and points 3 and 6 of the Annex to Regulation No 136/66/EEC.'
Article 2
In those Member States which apply the derogation provided for in the first indent of Article 35 (3) of Regulation No 136/66/EEC, ordinary virgin olive oil, as referred to in 1 (c) of the Annex to the said Regulation, which is packed and placed on the market in accordance with the provisions of Commission Regulation (EEC) No 2677/85 (5) and with national provisions before 1 April 1989, may qualify for consumption aid by way of derogation from Article 4 (1) of Regulation (EEC) No 3089/78.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 November 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 November 1987. | [
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COMMISSION REGULATION (EC) No 1955/2006
of 21 December 2006
fixing production refunds on cereals
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(2) thereof,
Whereas:
(1)
Commission Regulation (EEC) No 1722/93 of 30 June 1993 laying down detailed rules for the application of Council Regulations (EEC) No 1766/92 and (EEC) No 1418/76 concerning production refunds in the cereals and rice sectors respectively (2) lays down the conditions for granting production refunds. The basis for calculating the refund is laid down in Article 3 of that Regulation. The refund thus calculated, differentiated where necessary for potato starch, must be fixed once a month and may be amended if the price of maize and/or wheat changes significantly.
(2)
The production refunds fixed in this Regulation should be adjusted by the coefficients listed in the Annex II to Regulation (EEC) No 1722/93 to establish the exact amount to be paid.
(3)
The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The refund per tonne of starch referred to in Article 3(2) of Regulation (EEC) No 1722/93, is hereby fixed at:
(a)
EUR/tonne 0,00 for starch from maize, wheat, barley and oats;
(b)
EUR/tonne 0,00 for potato starch.
Article 2
This Regulation shall enter into force on 22 December 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2006. | [
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COUNCIL REGULATION (EEC) No 392/86 of 17 February 1986 on the application of EEC-Switzerland Joint Committee Decision No 2/85 supplementing Annexes II and III to Protocol 3 concerning the definition of the concept of originating products and methods of administrative cooperation by the addition of alternative percentage rules for the products of Chapters 84 to 92 of the Customs Cooperation Council Nomenclature
THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Having regard to the proposal from the Commission, Whereas an Agreement between the European Economic Community and the Swiss Confederation (1) was signed on 22 July 1972 and entered into force on 1 January 1973; Whereas, by virtue of Article 28 of Protocol 3 concerning the definition of the concept of originating products and methods of administrative cooperation, which forms an integral part of the above Agreement, the Joint Committee has, because of the interdependence of the industrial sectors of the European Economic Community and Switzerland, and the reciprocal nature and mutual importance of the preferential trade concerned, adopted Decision No 2/85 supplementing Annexes II and III to that Protocol by the addition of alternative percentage rules for the products of Chapters 84 to 92 of the Customs Cooperation Council Nomenclature; Whereas it is necessary to apply this Decision in the Community, HAS ADOPTED THIS REGULATION:
Article 1
For the application of the Agreement between the European Economic Community and the Swiss Confederation, EEC-Switzerland Joint Committee Decision No 2/85 shall be applied in the Community. The text of the Decision is attached to this Regulation.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 17 February 1986. | [
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Commission Regulation (EC) No 2106/2002
of 28 November 2002
fixing the export refunds on white sugar and raw sugar exported in its unaltered state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), amended by Commission Regulation (EC) No 680/2002(2), and in particular the second subparagraph of Article 27(5) thereof,
Whereas:
(1) Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(a) of that Regulation and prices for those products within the Community may be covered by an export refund.
(2) Regulation (EC) No 1260/2001 provides that when refunds on white and raw sugar, undenatured and exported in its unaltered state, are being fixed account must be taken of the situation on the Community and world markets in sugar and in particular of the price and cost factors set out in Article 28 of that Regulation. The same Article provides that the economic aspect of the proposed exports should also be taken into account.
(3) The refund on raw sugar must be fixed in respect of the standard quality. The latter is defined in Annex I, point II, to Regulation (EC) No 1260/2001. Furthermore, this refund should be fixed in accordance with Article 28(4) of Regulation (EC) No 1260/2001. Candy sugar is defined in Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector(3). The refund thus calculated for sugar containing added flavouring or colouring matter must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content.
(4) The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for sugar according to destination.
(5) In special cases, the amount of the refund may be fixed by other legal instruments.
(6) The refund must be fixed every two weeks. It may be altered in the intervening period.
(7) It follows from applying the rules set out above to the present situation on the market in sugar and in particular to quotations or prices for sugar within the Community and on the world market that the refund should be as set out in the Annex hereto.
(8) Regulation (EC) No 1260/2001 does not make provision to continue the compensation system for storage costs from 1 July 2001. This should accordingly be taken into account when fixing the refunds granted when the export occurs after 30 September 2001.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, are hereby fixed to the amounts shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 29 November 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 November 2002. | [
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COMMISSION REGULATION (EC) No 1519/2005
of 19 September 2005
opening the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2006 under certain GATT quotas
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 30 thereof,
Whereas:
(1)
Article 20 of Commission Regulation (EC) No 174/1999 of 26 January 1999 laying down special 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 (2), provides that export licences for cheese exported to the United States of America as part of the quotas under the agreements concluded during multilateral trade negotiations, may be allocated in accordance with a special procedure provided for therein.
(2)
That procedure should be opened for exports during 2006 and the additional rules relating to it should be determined.
(3)
In administering imports the competent authorities in the USA make a distinction between the additional quota granted to the European Community under the Uruguay Round and the quotas resulting from the Tokyo Round. Export licences should be allocated taking into account the eligibility of those products for the USA quota in question as described in the Harmonized Tariff Schedule of the United States of America.
(4)
With a view to exporting the maximum quantity under the quotas for which there is moderate interest, applications covering the whole quota quantity should be allowed.
(5)
In order to provide stability and security for operators lodging applications under this special regime, it is appropriate to fix the day on which applications are deemed to have been lodged for the purposes of Article 1(1) of Regulation (EC) No 174/1999.
(6)
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
Export licences for products falling within CN code 0406 and listed in Annex I to this Regulation to be exported to the United States of America in 2006 under the quotas referred to in Article 20(1) of Regulation (EC) No 174/1999 shall be issued in accordance with Article 20 of Regulation (EC) No 174/1999 and this Regulation.
Article 2
1. Applications for provisional licences referred to in Article 20(2) of Regulation (EC) No 174/1999 (hereinafter applications) shall be lodged with the competent authorities from 26 to 30 September 2005 at the latest.
2. Applications shall be admissible only if they contain all the information referred to in Article 20(2) of Regulation (EC) No 174/1999 and if they are accompanied by the documents referred to therein.
Where, for the same group of products referred to in column 2 of Annex I to this Regulation the available quantity is divided between the Uruguay Round quota and the Tokyo Round quota, licence applications may cover only one of those quotas and shall indicate the quota concerned, specifying the identification of the group and of the quota indicated in column 3 of Annex I.
Information referred to in Article 20(2) of Regulation (EC) No 174/1999 shall be presented in accordance with the model set out in Annex II to this Regulation.
3. As regards the quotas identified by 22-Tokyo and 22-Uruguay in column 3 of Annex I, applications shall cover at least 10 tonnes and shall not exceed the quantity available under the quota concerned as set out in column 4 of that Annex.
As regards the other quotas indicated in column 3 of Annex I, applications shall cover at least 10 tonnes and no more than 40 % of the quantity available under the quota concerned as set out in column 4 of that Annex.
4. Applications shall be admissible only if applicants declare in writing that they have not lodged other applications for the same group of products and the same quota and undertake not to do so.
If an applicant lodges several applications for the same group of products and the same quota in one or more Member States, all his applications shall be deemed inadmissible.
5. For the purposes of Article 1(1) of Regulation (EC) No 174/1999, all applications lodged within the time limit referred to in paragraph 1 of this Article shall be deemed to have been lodged on 26 September 2005.
Article 3
1. Member States shall notify the Commission, within five working days after the end of the period for lodging applications, of the applications lodged for each of the groups of products and, where applicable, the quotas indicated in Annex I.
All notifications, including ‘nil’ notifications, shall be made by fax on the model form set out in Annex III.
2. Notification shall comprise for each group and, where applicable, for each quota:
(a)
a list of applicants;
(b)
the quantities applied for by each applicant broken down by the product code of the Combined Nomenclature and by their code in accordance with the Harmonized Tariff Schedule of the United States of America (2005);
(c)
indication whether applicant exported the products concerned during the previous three years;
(d)
the name and address of the importer designated by the applicant and the indication whether the importer is a subsidiary of the applicant.
Article 4
The Commission shall, pursuant to Article 20(3), (4) and (5) of Regulation (EC) No 174/1999, determine the allocation of licences without delay and shall notify the Member States thereof by 31 October 2005 at the latest.
Member States shall notify the Commission, within five working days after publication of the allocation coefficients of provisional licences, for each group and, where applicable, for each quota, the quantities by applicant, for which provisional licences have been allocated in accordance to Article 20(4) of Regulation (EC) No 174/1999.
The notification shall be made by fax on the model form set out in Annex IV to this Regulation.
Article 5
The information notified under Article 3 of this Regulation and under Article 20(2) of Regulation (EC) No 174/1999 shall be verified by the Member States before the full licences are issued and by 31 December 2005 at the latest.
Where it is found that incorrect information has been supplied by an operator to whom a provisional licence has been issued, the licence shall be cancelled and the security forfeited. The Member States shall communicate it to the Commission without any delay.
Article 6
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 September 2005. | [
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COMMISSION REGULATION (EC) No 220/94 of 1 February 1994 on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of boneless beef held by certain intervention agencies and intended for export to certain destinations
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in the beef and veal sector (1), as last amended by Regulation (EC) No 3611/93 (2), and in particular Article 7 (3) thereof,
Whereas Commission Regulation (EEC) No 2539/84 of 5 September 1984 laying down detailed rules for certain sales of frozen beef held by the intervention agencies (3), as last amended by Regulation (EEC) No 1759/93 (4), has provided for the possibility of applying a two-stage procedure when selling beef from intervention stocks; whereas Commission Regulation (EEC) No 2824/85 of 9 October 1985 laying down detailed rules for the sale of frozen boned beef from intervention stocks for export either in the same state or after cutting and/or repacking (5), as amended by Regulation (EEC) No 251/93 (6) provided for repackaging under certain conditions;
Whereas certain intervention agencies hold large stocks of intervention meat; whereas an extension of the period of storage for the meat bought in should be avoided on account of the ensuing high costs; whereas part of that meat should be put up for sale in accordance with Regulations (EEC) No 2539/84 and (EEC) No 2824/85;
Whereas, in view of the urgency and the specific nature of the operation and of the need for controls, special detailed rules must be laid down in particular as regards the minimum quantity which may be purchased during the operation;
Whereas it is necessary to lay down a time limit for the export of the said meat; whereas this time limit should be fixed by taking into account Article 5 (b) of Commission Regulation (EEC) No 2377/80 of 4 September 1980 on special detailed rules for the application of the system of import and export licences in the beef and veal sector (7), as last amended by Regulation (EEC) No 2867/93 (8);
Whereas in order to ensure that beef sold is exported, the lodging of a security, as specified in Article 5 (2) (a) of Regulation (EEC) No 2539/84, should be required;
Whereas, in order to ensure a smoother functioning of the export operations, provision should be made for derogations from certain provisions relating to the release of the security;
Whereas it is appropriate to specify that, in view of the prices which have been fixed in the context of this sale, exports should not be eligible for the refunds periodically fixed in the beef and veal sector;
Whereas products held by intervention agencies and intended for export are subject to the provision of Commission Regulation (EEC) No 3002/92 (9), as last amended by Regulation (EEC) No 1938/93 (10);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. A sale shall be organized of approximately:
- 6 000 tonnes of boneless beef held by the Irish intervention agency,
- 6 000 tonnes of boneless beef held by the intervention agency of the United Kingdom.
2. This meat must be for export to the destinations indicated at 02 and 03 in footnote 7 of the Annex to Commission Regulation (EC) No 3261/93 (11).
3. Subject to the provisions of this Regulation, the sale shall take place in accordance with the provisions of Regulations (EEC) No 2539/84 and (EEC) No 2824/85.
4. The qualities and the minimum prices referred to in Article 3 (1) of Regulation (EEC) No 2539/84 are given in Annex I hereto.
5. An offer or purchase application shall be valid only if it relates to:
- a total minimum quantity of 2 000 tonnes expressed in product weight,
- a lot comprising all the cuts referred to in Annex II in the percentages stated therein and shall contain a single price per tonne expressed in ecus of the lot made up in this fashion.
6. Only those tenders shall be taken into consideration which reach the intervention agencies concerned not later than 12 noon on 9 February 1994.
7. Particulars of the quantities and the places where the products are stored shall be available to interested parties at the addresses given in Annex III.
Article 2
The products referred to in Article 1 must be exported within five months from the date of conclusion of the contract of sale with the intervention agency.
Article 3
1. The security provided for in Article 5 (1) of Regulation (EEC) No 2539/84 shall be ECU 30 per 100 kilograms.
2. The security provided for in Article 5 (2) (a) of Regulation (EEC) No 2539/84 shall be ECU 275 per 100 kilograms of boneless beef.
Article 4
1. No export refund shall be granted on meat sold under this Regulation.
Removal orders as referred to in Article 3 (1) (b) of Regulation (EEC) No 3002/92, export declarations and, where appropriate, T 5 control copies shall bear the following:
Productos de intervención sin restitución [Reglamento (CE) no 220/94];
Interventionsvarer uden restitution [Forordning (EF) nr. 220/94];
Interventionserzeugnis ohne Erstattung [Verordnung (EG) Nr. 220/94];
Proionta paremvaseos choris epistrofi [Kanonismos (EK) arith. 220/94];
Intervention products without refund [Regulation (EC) No 220/94];
Produits d'intervention sans restitution [Règlement (CE) no 220/94];
Prodotti d'intervento senza restituzione - [Regolamento (CE) n. 220/94];
Produkten uit interventievoorraden zonder restitutie - [Verordening (EG) nr. 220/94];
Produtos de intervençao sem restituiçao [Regulamento (CE) nº 220/94].
2. With regard to the security provided for in Article 3 (2) compliance with paragraph 1 shall constitute a primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 (12).
However, by derogation from Article 15 of Regulation (EEC) No 3002/92 part of the security shall be released when it is established that the products have reached one of the destinations referred to in Article 11 (1) (a), (b) or (c) of that Regulation. That part shall be equivalent to the amount of the security initially lodged less ECU 165 per 100 kg product weight.
Article 5
This Regulation shall enter into force on 9 February 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 February 1994. | [
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*****
COMMISSION REGULATION (EEC) No 2196/86
of 11 July 1986
re-establishing the levying of customs duties applicable to third countries on certain products originating in Yugoslavia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia (1), and in particular Protocol 1 thereto,
Having regard to Article 1 of Council Regulation (EEC) No 3138/85 of 22 October 1985 establishing ceilings and Community supervision for imports of certain goods originating in Yugoslavia (1986) (2);
Whereas Article 1 of the abovementioned Protocol provides that the products listed below, imported under reduced duty rates according to Article 15 of the Cooperation Agreement are subject to the annual ceiling indicated below, above which the customs duties applicable to third countries may be re-established:
(tonnes)
1.2.3 // // // // CCT heading No // Description // Ceiling // // // // 70.05 // Unworked drawn or blown glass (including flashed glass), in rectangles // 5 109 // // //
Whereas imports into the Community of those products, originating in Yugoslavia, have reached that ceiling; whereas the situation on the Community market requires that customs duties applicable to third countries on the products in question be re-established,
HAS ADOPTED THIS REGULATION:
Article 1
From 15 July to 31 December 1986, the levying of customs duties applicable to third countries shall be re-established on imports into the Community of the following products:
1.2.3 // // // // CCT heading No // Description // Origin // // // // 70.05 // Unworked drawn or blown glass (including flashed glass), in rectangles // Yugoslavia // // //
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 July 1986. | [
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COMMISSION DIRECTIVE 2007/57/EC
of 17 September 2007
amending certain Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for dithiocarbamates
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables (1), and in particular Article 5 thereof,
Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (2), and in particular Article 10 thereof,
Having regard to Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin (3), and in particular Article 10 thereof,
Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (4), and in particular Article 7 thereof,
Whereas:
(1)
Maximum residue levels (MRLs) reflect the use of minimum quantities of pesticides to achieve effective protection of plants, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable, in particular in terms of estimated dietary intake.
(2)
MRLs for pesticides are kept under review and changed to take account of new information, including new or changed uses. Information about new or changed uses has been communicated to the Commission, which should lead to changes in the residue levels of maneb, mancozeb, metiram, propineb and thiram.
(3)
The active substance ziram has been included in Annex I to Council Directive 91/414/EEC (5) by Commission Directive 2003/81/EC (6). The inclusion in Annex I to Directive 91/414/EEC was based on the assessment of the information submitted concerning the proposed use. The information available has been reviewed and is sufficient to allow certain MRLs to be fixed.
(4)
There are already Community MRLs in Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC for maneb, mancozeb, metiram, propineb and thiram. Those levels have been taken into consideration when adapting the MRLs concerned by this Directive. In particular, as in routine monitoring the residues of maneb, mancozeb, metiram, propineb, thiram and ziram cannot be individually identified, MRLs are set for the whole group of those pesticides which are also known as dithiocarbamates. However, for propineb, thiram and ziram single methods exist, although not on a routine basis. Those methods should be used on a case-by-case basis, when the specific quantification of propineb, ziram and/or thiram is required.
(5)
The Commission review reports which were prepared for the inclusion in Annex I to Directive 91/414/EEC of the active substances concerned, fix the Acceptable Daily Intake (ADI) and, if necessary, the Acute Reference Dose (ARfD) for those substances. The exposure of consumers of food products treated with the active substance concerned has been assessed and evaluated in accordance with Community procedures. Account has also been taken of guidelines published by the World Health Organisation (7) and the opinion of the Scientific Committee for Plants (8) on the methodology employed. It has been concluded that the MRLs proposed will not lead to those ADI or ARfD being exceeded.
(6)
Where authorised uses of plant protection products do not result in detectable levels of pesticide residues in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported with such necessary data, MRLs should be fixed at the lower limit of analytical determination.
(7)
It is therefore necessary to modify the MRLs set out in the Annexes to Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC to allow proper surveillance and control of the prohibition of their uses and to protect the consumer. Where MRLs have already been defined in the Annexes to those Directives, it is appropriate to amend them. Where MRLs have not already been defined, it is appropriate to set them for the first time.
(8)
Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC should therefore be amended accordingly.
(9)
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
In Annex II to Directive 76/895/EEC the entry relating to thiram is deleted.
Article 2
Directive 86/362/EEC is amended in accordance with Annex I to this Directive.
Article 3
Directive 86/363/EEC is amended in accordance with Annex II to this Directive.
Article 4
Directive 90/642/EEC is amended in accordance with Annex III to this Directive.
Article 5
Member States shall adopt and publish, by 18 March 2008 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 19 March 2008.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 6
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 17 September 2007. | [
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COUNCIL REGULATION (EC) No 1531/95 of 29 June 1995 fixing the intervention price for paddy rice for the 1995/96 marketing year
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the markets and prices policy continues to be the main instrument of the incomes policy in the rice sector;
Whereas the intervention price for paddy rice must be fixed at a rate which takes account, on the one hand, of the policy in respect of rice production with a view to the uses to which it is put and, on the other, of the budgetary and market constraints;
Whereas, for the product referred to in this Regulation, the application of the abovementioned criteria entails fixing this price at the level indicated below,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1995/96 marketing year the intervention price for paddy rice shall be ECU 373,84 per tonne.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 September 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 29 June 1995. | [
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*****
COMMISSION REGULATION (EEC) No 1153/86
of 18 April 1986
continuing the measures on the improvement of the quality of milk within the Community referred to in Regulation (EEC) No 1271/78
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1079/77 of 17 May 1977 on a co-responsibility levy and on measures for expanding the markets in milk and milk products (1), as last amended by Regulation (EEC) No 1302/85 (2), and in particular Article 4 thereof,
Whereas the measures first carried out pursuant to Commission Regulation (EEC) No 1271/78 (3), as last amended by Regulation (EEC) No 2341/78 (4), and most recently continued in accordance with Regulation (EEC) No 615/85 (5) have proved an effective means of improving the quality of milk in the Community;
Whereas, since major difficulties exist with regard to the quality of raw milk in Ireland, Italy and Greece compared with the other Member States, the measures presently being executed in those countries should be reinforced;
Whereas the organizations, institutions, undertakings and producer groups possessing the necessary qualifications and experience should therefore be invited again to propose detailed programmes which these organizations would themselves carry out;
Whereas the organizations, institutions, undertakings and producer groups who will be responsible for the measures must satisfy certain requirements; whereas the activities of such operators mut not be liable to clash with the aim pursued in promoting the disposal of milk products for direct consumtion; whereas it is therefore essential that operators whose activities also cover the production, distribution or sales promotion of products which imitate milk and milk products should be barred from the implementation of the measures;
Whereas, as regards the other arrangements, the main provisions of earlier Regulations, as amended in the light of relevant experience, may be repeated;
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
1. Under the conditions laid down in this Regulation, measures shall be taken in Ireland, Italy and Greece to encourage:
(a) bacteriological analysis of raw milk;
(b) testing in relation to health aspects of raw milk;
(c) testing of milking machines;
(d) counselling of individual milk producers, directed in particular towards the obtaining of milk (cowshed hygiene, milking, animal health) and its treatment (cooling);
(e) counselling on the collection (jointly operated equipment, collection points) and transport of raw milk (specifications, equipment and operation of milk tankers);
(f) setting up of milk collection centres, if necessary with refrigeration facilities.
In properly justified exceptional cases, aids may also be granted to single farms;
(g) in certain properly justified cases, equipment for the transport of samples;
(h) training qualified personnel for quality control and milk collection.
2. The measures referred to in paragraph 1 shall be eligible only if they are begun after 1 April 1986; they shall be completed within two years of the signature of the contract referred to in Article 5 (3) and in any case before 1 October 1988. In exceptional cases, however, a longer period may be agreed in accordance with Article 5 (2) to ensure maximum effectiveness of the measures concerned.
3. The time limit fixed by paragraph 2 shall not prevent subsequent agreement to an extension of that limit where the party to a contract, before the fixed expiry date, makes the appropriate application to the competent authority and proves that due to exceptional circumstances beyond his control, he is unable to meet the deadline originally stipulated.
Article 2
1. Measures as referred to in Article 1 (1) shall be proposed and carried out by institutions, organizations, undertakings or producer groups which:
(a) have the necessary qualifications and experience;
(b) give guarantees that they are capable of ensuring the satisfactory completion of the work.
Proposals by individual firms will be considered only where they are particularly justified and where they would not prejudice the operations of regional organizations specializing in the field.
Proposals put forward by institutions, organizations, undertakings or producer groups whose activities are exclusively or in part concerned with the production distribution or sales promotion of products which imitate milk and milk products shall not be considered.
2. The Community contribution shall be limited to 90 % of expenditure incurred for the measures concerned. At most 40 % of the Community contribution can be used for measures under point (f) of Article 1 (1) and at most 10 % for those under point (h) of Article 1 (1).
3. In the case of the measures referred to in Article 1 (1) (a), (b) and (g), account shall be taken for purposes of Community contribution only of the first fitting-out of laboratories with:
- equipment (which may include incubators) for examining the bacteriological content of milk, including any combined data-processing equipment, but excluding software;
- equipment for detecting antibiotics, inhibitory substances and impurities in raw milk, including any combined data-processing equipment, but excluding software;
- equipment for detecting mastitis in raw milk.
In certain properly justified cases:
- equipment for taking samples, transporting, sorting, preserving and preparing the samples.
The first fitting-out of already existing laboratories with improved, more economic, equipment shall be regarded as a measure referred to in Article 1 (1) (a), (b) and (g).
Such equipment shall be financed only where its technical capacity will be effectively utilized.
4. When a proposal is submitted by an organization buying milk or by an organization representing such enterprises, the Community contribution shall be subject to an undertaking on the part of the applicant to introduce, in his area of operation, a system whereby payment for milk is varied according to its bacteriological quality within the period fixed in the contract for the completion of the approved measures.
In other cases, the applicant must undertake to promote in his area of operation before 1 April 1987 a system whereby payment for milk is varied according to its bacteriological quality or, if such a system already exists, to continue this system.
5. The financing of general expenses incurred for the measures referred to in Article 1 (1) shall be limited to 2 % of the total approved cost.
Article 3
1. Those concerned are hereby invited to submit, before 1 June 1986, to the competent authority appointed by the Member States referred to in Article 1 (1) hereinafter called 'the competent authority', complete detailed proposals concerning the measures referred to in Article 1 (1).
Where this date is not complied with, the proposal shall be considered null and void.
2. Further details for submission of proposals shall be as set out in the notices from the competent authorities published in Official Journal of the European Communities No C 35 of 11 February 1982, page 8.
Article 4
1. Complete proposals shall include:
(a) the name and address of the applicant;
(b) all details concerning the measures proposed, including the time required for completion, the expected results and details of any third parties to be involved;
(c) the total cost of these measures, net of tax, expressed in the currency of the Member State on whose territory the applicant is established, giving an itemized breakdown of this amount and setting out the source of finance;
(d) the desired form of payment of the Community contribution (Article 7 (1) (a) or (b));
(e) the most recent report available on the applicant's activities, unless this is already in the possession of the competent authority.
2. Proposals shall be valid only where:
(a) they are submitted by an applicant fulfilling the conditions laid down in Article 2 (1);
(b) they are accompanied by an undertaking that the applicant will comply with the provisions of this Regulation, and in particular with the obligations under Article 2 (5). Article 5
1. Before 1 July 1986 the competent authorities shall:
(a) examine all proposals submitted and any supporting documents to check that they are in the correct form and contain the information required. They shall ensure that the proposals comply with the provisions of Article 4 and shall ask applicants for further details if necessary;
(b) compile a list of all the proposals received and send it to the Commission together with copies of each proposal and a reasoned opinion indicating whether or not the proposal conforms with this Regulation.
2. After consulting the relevant interest groups in the milk industry, and following examination of the proposals by the Management Committee for Milk and Milk Products in accordance with Article 31 of Council Regulation (EEC) No 804/68 (1), the Commission shall establish before 1 August 1986 a list of the proposals selected for financing.
3. The competent authorities shall conclude contracts with those parties whose proposals have been selected before 1 October 1986 in at least two copies and signed by the interested party and the competent authority. The competent authorities shall for this purpose use standard form contracts to be provided by the Commission.
4. The competent authority shall inform each applicant as soon as possible of the decision taken in respect of its proposal.
Article 6
1. The contract referred to in Article 5 (3) shall:
(a) include the details referred to in Article 4 (1) or make reference to them; and
(b) supplement these details, where necessary, by additional conditions resulting from the application of Article 5 (1).
2. The competent authority shall send a copy of the contract to the Commission without delay.
3. The competent authority shall ensure compliance with the agreed conditions in particular by means of on-the-spot checks.
Article 7
1. The competent authority shall pay to the party in question, in accordance with the choice indicated in the latter's proposal, either:
(a) within six weeks of the date of signature of the contract, a single payment on account amounting to 60 % of the agreed Community contribution; or
(b) at four-monthly intervals, four equal instalments each amounting to 20 % of the agreed Community contribution, the first such instalment being paid within six weeks of the date of signature of the contract.
However, while a contract is being performed, the competent authority may:
- defer payment of an instalment either wholly or in part where it finds, in particular during the checks referred to in Article 6 (3), irregularities in carrying out the measures concerned or a substantial interval between the due date for payment of the instalment and the date when the party concerned will actually incur the forecast expenditure;
- in exceptional cases, advance payment of an instalment either wholly or in part if the party concerned submits a reasoned request and shows that he must incur a substantial part of the expenditure significantly earlier than the date laid down for payment of the Community contribution towards the said expenditure.
2. The payment of each instalment shall be conditional upon the lodging with the competent authority of a security equal to the amount of the instalment, plus 10 %.
3. The release of securities and payment of the balance by the competent authority shall be subject to:
(a) confirmation by the competent authority that the party concerned has fulfilled his obligations as laid down in the contract;
(b) transmission to the competent authority of the report referred to in Article 8 (1) and verification of the details contained in this report by the competent authority.
However, on reasoned request by the party concerned, the balance can be paid after the measure has been completed, and after submission of the report referred to in Article 8, and on condition that securities equal to the total amount of the Community contribution plus 10 % have been lodged;
(c) the competent authority finding that the party concerned, or any third party named in the contract, has spent his own contribution for the purposes laid down.
4. In so far as the conditions set out in paragraph 3 are not fulfilled, the securities shall be forfeit. In this event, the amount in question shall be deducted from the expenditure of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund, and more particularly from that arising out of the measures referred to in Article 4 of Regulation (EEC) No 1079/77.
Article 8
1. Each party responsible for one of the measures referred to in Article 1 (1) shall submit to the competent authority, within four months of the final date fixed in the contract for completion of the measures, a detailed report on the utilization of the Community funds allocated and on the results of the measures in question.
2. On performance of each contract, the competent authority shall send to the Commission a statement to this effect and a copy of the final report.
Article 9
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 April 1986. | [
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COMMISSION DECISION
of 12 June 1987
on improving the efficiency of agricultural structures in Italy (Abruzzi) pursuant to Council Regulation (EEC) No 797/85
(Only the Italian text is authentic)
(87/332/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), and in particular Article 25 (3) thereof,
Whereas, pursuant to Article 24 (4) of Regulation (EEC) No 797/85, the Italian Government has forwarded Abruzzi Regional Law No 37 of 31 July 1986 laying down rules for the application of Regulation (EEC) No 797/85;
Whereas, under Article 25 (3) of Regulation (EEC) No 797/85, the Commission has to decide whether the conditions for a financial contribution from the Community are satisfied in the light of the compatibility of the stated provisions with the abovementioned Regulation, and bearing in mind the objectives of the latter and the need to ensure that the various measures are properly related;
Whereas under the third subparagraph of Article 2 of the abovementioned Law, and under Circular No 18 922 of 27 October 1986, the regional aids for investments, and in particular those provided for by Regional Laws No 31 of 3 June 1982 and No 25 of 11 April 1985, are subject to the limitations and restrictions provided for in Article 8 (2), (3) and (4) of Regulation (EEC) No 797/85;
Whereas the aids provided for in Article 4 of Regulation (EEC) No 797/85 are reserved for farmers practising farming as their main occupation in compliance with Article 2 (5) of that Regulation; whereas Article 4 of the abovementioned Law must consequently be applied so that in each case the region actually carries out a check to see whether that condition is satisfied;
Whereas the Community financial contribution to the specific aids for young farmers provided for in Article 9 of the Law must be limited to only those cases complying with the criteria laid down in Article 7 (1) of Regulation (EEC) No 797/85; whereas only aid granted to young farmers with the vocational training provided for in the third subparagraph of Article 12 of Law No 153 of 9 May 1975, or who have followed the training course provided for in the third indent of the first subparagraph of Article 21 (1) of Regulation (EEC) No 797/85, may consequently be reimbursed pursuant to Article 7 of that Regulation;
Whereas only the taking over of the legal and financial responsibility or co-responsibility for the management of the holding may be considered as first installation within the meaning of Article 7 and whereas only cases complying with such criteria may be considered eligible;
Whereas this Decision does not relate to the authorization provided for in Article 6 (5) of Regulation (EEC) No 797/85 as regards agricultural cooperatives and whereas the amount of investments provided for in Article 7 of the Regional Law may consequently not exceed 360 000 ECU until such time as a decision is taken under Article 6 of that Regulation;
Whereas, subject to the above remarks, the provisions laid down in Abruzzi Regional Law No 37 of 31 July 1986 satisfy the conditions and objectives of Regulation (EEC) No 797/85 in so far as they relate to measures governed by that Regulation;
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
Abruzzi Regional Law No 37 of 31 July 1986 laying down rules for the application of Regulation (EEC) No 797/85 satisfies the conditions governing a Community financial contribution to the common measure provided for in Article 1 of that Regulation, subject to the following conditions:
(a) pursuant to Article 2 of the Law, the Region shall ensure that aids to investments are granted only to farmers practising farming as their main occupation within the meaning of Article 2 (5) of Regulation (EEC) No 797/85;
(b) the amount of investments provided for in Article 7 that may be carried out by cooperatives shall be limited to 360 000 ECU until such time as the Commission decides otherwise pursuant to Article 6 (5) of Regulation (EEC) No 797/85;
(c) the EAGGF contribution to the aids provided for in Article 9 of the Law in favour of young farmers shall be limited to the aids granted to young farmers
- who have the vocational training provided for in the third subparagraph of Article 12 of Law No 153 of 9 May 1975, or who have followed a training course as laid down in the third indent of the first subparagraph of Article 21 (1) of Regulation (EEC) No 797/85,
- who take over for the first time the legal and financial responsibility or co-responsibility for the management of the holding.
Article 2
This Decision is addressed to the Italian Republic.
Done at Brussels, 12 June 1987. | [
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COMMISSION REGULATION (EC) No 1610/95 of 3 July 1995 fixing, for the 1995/96 marketing year, the flat-rate amount provided for under the system of minimum stocks in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (1), as last amended by Regulation (EC) No 1101/95 (2), and in particular Article 12 (3) thereof,
Having regard to Council Regulation (EEC) No 1789/81 of 30 June 1981 laying down general rules concerning the system of minimum stocks in the sugar sector (3),
Whereas Articles 3 (b) and 6 (a) of Regulation (EEC) No 1789/81 provide for the reimbursement of the pecuniary advantage included in the intervention price on account of the costs involved in maintaining the minimum stock;
Whereas, in order to determine that pecuniary advantage, Commission Regulation (EEC) No 189/77 of 28 January 1977 laying down detailed rules for the application of the system of minimum stocks in the sugar sector (4), as amended by Regulation (EEC) No 1920/81 (5), provides for a flat-rate amount to be fixed for each marketing year;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1995/96 marketing year, the flat-rate amount referred to in Article 6 of Regulation (EEC) No 189/77 shall be ECU 0,193 per 100 kilograms of sugar expressed as white sugar.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 July 1995. | [
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*****
COMMISSION REGULATION ( EEC ) NO 3494/88
OF 9 NOVEMBER 1988
AMENDING REGULATIONS ( EEC ) NO 3154/85 LAYING DOWN DETAILED RULES FOR THE ADMINISTRATIVE APPLICATION OF MONETARY COMPENSATORY AMOUNTS, ( EEC ) NO 548/86 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF ACCESSION COMPENSATORY AMOUNTS AND ( EEC ) NO 3665/87 LAYING DOWN COMMON DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF EXPORT REFUNDS ON AGRICULTURAL PRODUCTS
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 1677/85 OF 11 JUNE 1985 ON MONETARY COMPENSATORY AMOUNTS IN AGRICULTURE ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1889/87 ( 2 ), AND IN PARTICULAR ARTICLE 12 THEREOF,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 467/86 OF 25 FEBRUARY 1986 LAYING DOWN GENERAL RULES FOR THE SYSTEM OF ACCESSION COMPENSATORY AMOUNTS FOR CEREALS ( 3 ), AND IN PARTICULAR ARTICLE 8 THEREOF, AND TO THE CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS LAYING DOWN GENERAL RULES APPLYING TO THE ACCESSION COMPENSATORY AMOUNTS FOR AGRICULTURAL PRODUCTS,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2221/88 ( 5 ), AND IN PARTICULAR ARTICLE 16 ( 6 ) THEREOF, AND TO THE CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKETS IN AGRICULTURAL PRODUCTS,
WHEREAS MONETARY COMPENSATORY AMOUNTS, ACCESSION COMPENSATORY AMOUNTS AND EXPORT REFUNDS MAY NOT BE GRANTED ON PRODUCTS WHICH ARE NOT OF SOUND AND FAIR MERCHANTABLE QUALITY OR WHICH, BECAUSE OF THEIR CHARACTERISTICS AND CONDITION, CANNOT BE USED FOR FOOD PURPOSES;
WHEREAS COUNCIL REGULATION ( EURATOM ) NO 3954/87 OF 22 DECEMBER 1987 LAYING DOWN MAXIMUM PERMITTED LEVELS OF RADIOACTIVE CONTAMINATION OF FOODSTUFFS AND OF FEEDINGSTUFFS FOLLOWING A NUCLEAR ACCIDENT OR ANY OTHER CASE OF RADIOLOGICAL EMERGENCY ( 6 ) SPECIFIES THE PROCEDURE TO BE FOLLOWED IN A RADIOLOGICAL EMERGENCY FOR DETERMINING MAXIMUM PERMITTED LEVELS OF RADIOACTIVE CONTAMINATION IN FOODSTUFFS AND FEEDINGSTUFFS ABOVE WHICH THEY CANNOT BE MARKETED; WHEREAS, CONSEQUENTLY, THE BENEFITS OF COMMUNITY LEGISLATION CANNOT BE GRANTED WHERE SUCH PRODUCTS ARE CONCERNED;
WHEREAS ARTICLE 3 OF COUNCIL REGULATION ( EEC ) NO 1707/86 OF 30 MAY 1986 ON THE CONDITIONS GOVERNING IMPORTS OF AGRICULTURAL PRODUCTS ORIGINATING IN THIRD COUNTRIES FOLLOWING THE ACCIDENT AT THE CHERNOBYL NUCLEAR POWER-STATION ( 7 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 624/87 ( 8 ), SETS MAXIMUM PERMITTED LEVELS OF RADIOACTIVITY; WHEREAS, FOLLOWING THE EXPIRY OF REGULATION ( EEC ) NO 1707/86, IT WAS REPLACED BY COUNCIL REGULATION ( EEC ) NO 3955/87 ( 9 ), ARTICLE 3 OF WHICH IMPOSES THE SAME MAXIMUM LEVELS; WHEREAS AGRICULTURAL PRODUCTS SHOWING LEVELS HIGHER THAN THESE MAXIMA CANNOT BE CONSIDERED OF SOUND AND FAIR MERCHANTABLE QUALITY;
WHEREAS IT WAS FOUND FOLLOWING THE ABOVEMENTIONED ACCIDENT THAT SOME OF THE COMMUNITY'S AGRICULTURAL PRODUCTION WAS CONTAMINATED WITH VARYING LEVELS OF RADIOACTIVITY; WHEREAS IT SHOULD BE STIPULATED THAT MONETARY COMPENSATORY AMOUNTS, ACCESSION COMPENSATORY AMOUNTS AND EXPORT REFUNDS MAY NOT BE GRANTED ON AGRICULTURAL PRODUCTS SHOWING LEVELS OF RADIOACTIVITY IN EXCESS OF THE MAXIMA INDICATED IN ARTICLE 3 OF REGULATION ( EEC ) NO 3955/87, IRRESPECTIVE OF THE ORIGIN OF THE PRODUCT;
WHEREAS COMMISSION REGULATIONS ( EEC ) NO 3154/85 ( 10 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 361/88 ( 11 ), ( EEC ) NO 548/86 ( 12 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2082/87 ( 13 ), AND ( EEC ) NO 3665/87 ( 14 ) SHOULD THEREFORE BE AMENDED;
WHEREAS THE DEGREE OF RADIOACTIVE CONTAMINATION OF FOODSTUFFS FOLLOWING A RADIOLOGICAL EMERGENCY SITUATION VARIES WITH THE CHARACTERISTICS OF THE ACCIDENT AND THE TYPE OF PRODUCTS; WHEREAS THE DECISION AS TO THE NEED TO CARRY OUT MONITORING AND ON THE CONTROLS THEMSELVES MUST ACCORDINGLY BE ADAPTED TO EACH SITUATION AND MUST TAKE ACCOUNT, FOR EXAMPLE, OF THE CHARACTERISTICS OF THE REGIONS, THE PRODUCTS AND THE RADIONUCLIDES CONCERNED;
WHEREAS THE MANAGEMENT COMMITTEES CONCERNED HAVE NOT DELIVERED AN OPINION WITHIN THE TIME LIMIT SET BY THEIR CHAIRMEN,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
THE FOLLOWING PARAGRAPH IS HEREBY ADDED TO ARTICLE 3 OF REGULATION ( EEC ) NO 3154/85 :
"NO COMPENSATORY AMOUNT SHALL BE GRANTED IF THE PRODUCTS DISPLAY RADIOACTIVITY IN EXCESS OF THE MAXIMUM LEVELS PERMITTED UNDER COMMUNITY REGULATIONS . THE LEVELS APPLICABLE TO PRODUCTS OF COMMUNITY ORIGIN CONTAMINATED AS A RESULT OF THE ACCIDENT AT THE CHERNOBYL NUCLEAR POWER-STATION SHALL, IRRESPECTIVE OF THEIR ORIGINS, BE THOSE FIXED IN ARTICLE 3 OF COUNCIL REGULATION ( EEC ) NO 3955/87 (*). THE LEVEL OF RADIOACTIVE CONTAMINATION OF THE PRODUCT SHALL BE MONITORED IF THE SITUATION SO REQUIRES AND DURING THE PERIOD NECESSARY ONLY . WHERE NECESSARY, THE DURATION AND SCOPE OF THE CONTROLS SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 26 OF REGULATION ( EEC ) NO 2727/75, OR, AS THE CASE MAY BE, IN THE CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKETS IN AGRICULTURAL PRODUCTS .
(*) OJ NO L 371, 30 . 12 . 1987, P . 14 .'
ARTICLE 2
THE FOLLOWING SUBPARAGRAPH IS HEREBY ADDED TO ARTICLE 5 ( 3 ) OF REGULATION ( EEC ) NO 548/86 :
"NO ACCESSION COMPENSATORY AMOUNT SHALL BE GRANTED IF THE PRODUCTS DISPLAY RADIOACTIVITY IN EXCESS OF THE MAXIMUM LEVELS PERMITTED UNDER COMMUNITY REGULATIONS . THE LEVELS APPLICABLE TO PRODUCTS OF COMMUNITY ORIGIN CONTAMINATED AS A RESULT OF THE ACCIDENT AT THE CHERNOBYL NUCLEAR POWER-STATION SHALL, IRRESPECTIVE OF THEIR ORIGINS, BE THOSE FIXED IN ARTICLE 3 OF COUNCIL REGULATION ( EEC ) NO 3955/87 (*). THE LEVEL OF RADIOACTIVE CONTAMINATION OF THE PRODUCT SHALL BE MONITORED IF THE SITUATION SO REQUIRES AND DURING THE PERIOD NECESSARY ONLY . WHERE NECESSARY, THE DURATION AND SCOPE OF THE CONTROLS SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 26 OF REGULATION ( EEC ) NO 2727/75, OR, AS THE CASE MAY BE, IN THE CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKETS IN AGRICULTURAL PRODUCTS .
(*) OJ NO L 371, 30 . 12 . 1987, P . 14 .'
ARTICLE 3
THE FOLLOWING PARAGRAPH IS HEREBY ADDED TO ARTICLE 13 OF REGULATION ( EEC ) NO 3665/87 :
"NO REFUNDS SHALL BE GRANTED IF THE PRODUCTS DISPLAY RADIOACTIVITY IN EXCESS OF THE MAXIMUM LEVELS PERMITTED UNDER COMMUNITY REGULATIONS . THE LEVELS APPLICABLE TO PRODUCTS OF COMMUNITY ORIGIN CONTAMINATED AS A RESULT OF THE ACCIDENT AT THE CHERNOBYL NUCLEAR POWER-STATION SHALL, IRRESPECTIVE OF THEIR ORIGINS, BE THOSE FIXED IN ARTICLE 3 OF COUNCIL REGULATION ( EEC ) NO 3955/87 (*). THE LEVEL OF RADIOACTIVE CONTAMINATION OF THE PRODUCT SHALL BE MONITORED IF THE SITUATION SO REQUIRES AND DURING THE PERIOD NECESSARY ONLY . WHERE NECESSARY, THE DURATION AND SCOPE OF THE CONTROLS SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 26 OF REGULATION ( EEC ) NO 2727/75, OR, AS THE CASE MAY BE, IN THE CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKETS IN AGRICULTURAL PRODUCTS .
(*) OJ NO L 371, 30 . 12 . 1987, P . 14 .'
ARTICLE 4
THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS, 9 NOVEMBER 1988 . | [
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COUNCIL REGULATION (EEC) No 1107/88 of 25 April 1988 amending Regulation (EEC) No 1785/81 on the common organization of the markets in the sugar sector
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas, according to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (3) as last amended by Regulation (EEC) No 3992/87 (4), certain sugars containing added substances other than colouring and flavoured agants must be treated as raw sugars; whereas, because of their very nature, sugars containing those added substances should not be treated differently from flavoured or coloured sugars; whereas moreover to avoid customs difficulties when such products are traded and to ensure better administration of the customs nomenclature, sugars containing the added substances in question should, for these purposes, be treated as flavoured or coloured sugars;
Whereas the processing of sugar cane in Spain is, in volume terms, a marginal industry which, before that State's accession to the Community, survived thanks to related activities dependent on the State-trading arrangements for importing molasses and distillates used in the manufacture of rum; whereas those related activities had to cease because of accession; whereas, until crops to replace sugar cane can be grown in the areas where it is currently produced, certain adjustments should be provided for; whereas the quantities of sugar involved are not very large and, since they are marketed very swiftly, tend not to remain in storage; whereas the compensation system for storage costs should, accordingly, be applied progressively to this sugar from the 1988/89 marketing year until the end of the period covered by the system for the alignment of sugar prices which is provided for in the Treaty of the Accession of Spain to the Community;
Whereas the growing of sugar beet and the sugar beet processing industry are of great social and economic importance to the autonomous region of the Azores; whereas the intervention price for white sugar for Portugal applies to both mainland Portugal and the autonomous region of the Azores; whereas, however, this price, which is determined according to rules during the accession negotiations, was initially calculated with reference to the average of the ex-factory prices for mainland refineries and to the derived intervention price for white sugar in the United Kingdom, on which price it must be aligned at the end of a transitional period of seven years following accession; whereas the intervention price for white sugar in Portugal was thus determined; whereas the intervention price for white sugar in Portugal was thus determined on the basis of the refining costs of efficient undertakings refining large volumes of raw sugar, costs which are not comparable with those of a small undertaking producing relatively minor quantities of beet sugar; whereas, moreover, the basic price for sugar beet in the Azores is higher than that for the United Kingdom, because of the beet's low technical yield and the production problems arising from excessive fragmentation of the production plots and insufficient mechanization; whereas, accordingly, there are grounds for providing for Community measures to enable the sugar beet processing industry in the Azores to make adjustments over a certain period, until the expiry of the price-alignment system provided for in the Treaty of Accession to the Community; whereas the most suitable step would be to grant, as an intervention measure during that period, Community aid in respect of the difference between the derived intervention price for white sugar for the United Kingdom and the intervention price for white sugar for Portugal, so as to give economic support to the Portuguese processing industry as the latter price moves in stages towards the derived intervention price for the United Kingdom and is aligned on that price at the end of that period;
Whereas the common organization of the markets in the sugar sector has, since the 1981/82 marketing year, been based on the principle that producers should be financially liable for all the losses resulting from the disposal of the Community's surplus production in relation to internal consumption under a system of price and marketing guaranteeds differentiated according to the production quotas allocated to each undertaking; whereas it was decided to apply that principle and that system for a further five marketing years from 1986/87 to 1990/91 in order to curb production in the Community, where there is considerable technical production capacity while the world market for sugar is characterized by constant overproduction in relation to comsumption and hence by ever-increasing surplus stocks and low prices; whereas, however, the basic A and B quantities and the A and B quotas for undertakings producing sugar and isoglucose were fixed only for the first two marketing years 1986/87 and 1987/88 in view in particular of the instability of world market prices for sugar and the cyclical nature of the trend in question;
Whereas Article 23 (3) of Regulation (EEC) No 1785/81 provides that the Council must, before 1 January 1988 in respect of the marketing years 1988/89, 1989/90 and 1990/91, determine in particular the basic production quantities for A and B sugar and isoglucose and the allocation of the resulting costs for producers in the context of the quota arrangements laid down until the 1990/91 marketing year;
Whereas, on the one hand, in the light of the medium-term outlook for the world sugar market, it is equally unlikely that the downward trend will be reserved, with prices making a significant and lasting recovery, and that the present decline will worsen; whereas it will, on the other hand, be difficult to adjust unilaterally the price and marketing guarantees given to the Community producers until an international agreement on sugar is reached which contains clauses binding on all the signatory countries; whereas, moreover, there is a risk that, in the present situation, any reduction in the guarantees covering this sector might result in some of the beet-growing areas covered by the quotas being given over to other types of farming financed only partly, if at all, by the producers themselves; whereas it is desirable that the present basic quantities of sugar and isoglucose should therefore be kept at the same level during the remaining three marketing years from 1988/89, 1989/90 and 1990/91 and the self-financing arrangements for the sector should be reinforced so as to ensure that all future losses resulting from the disposal of the Community's surplus production are covered, in respect of each marketing year, by the producers' financial contributions;
Whereas the producers' contributions take the form of a basic production levy which is charged on all production of A and B sugar but which is limited to 2 % of the intervention price for white sugar and a B levy which is charged on the production of B sugar but which is subject to a limit of 36,5 % of that price; whereas isoglucose producers under some conditions pay a proportion of those contributions; whereas because of the limits referred to above, the objective of making sugar production self-financing cannot, under the abovementioned circumstances be achieved in respect of each marketing year; whereas an additional levy should therefore be charged for that purpose;
Whereas, in particular in the interests of equal treatment, the additional levy should be calculated for each undertaking on the basis of its share in the revenue generated by the production levies which it has paid in respect of the marketing year in question; whereas, therefore, a coefficient should be determined for the Community as a whole which represents, in respect of that marketing year, the ratio between the total loss recorded and the total revenue generated by the production levies in question; whereas conditions should also be laid down under which beet and sugar cane sellers are to contribute to eliminating the uncovered part of the loss for the marketing year concerned;
Whereas the Treaty of Accession of Spain and Portugal specifically fixed for mainland Portugal quantities of basic A and B sugar which were incorporated into market organization Regulation (EEC) No 1785/81; whereas those quantities represent a total of 60 000 tonnes of white sugar; whereas the second subparagraph of Article 24 (1) of that Regulation provides that, with regard to Portugal, that country must allocate, for its mainland region and within the limit of those basic quantities, an A quota and a B quota to each undertaking situated in that region which is likely to start up sugar production;
Whereas sugar production quotas are allocated to each undertaking on the basis of objective production during a particular reference period; whereas, however, with regard to mainland Portugal where no sugar beet was grown at the time of accession, the Treaty of Accession allowed for the possibility of allocating quotas to an undertaking without reference to production figures, on condition that the undertaking was in a position to start production immediately, i.e. that it had the necessary technical capacity;
Whereas mainland Portugal has recently commenced production of sugar beet and should, according to plan, increase production, by means of an experimental phase during the 1987/88 marketing year, to reach 54 000 tonnes (7 000 tonnes sugar) in 1988/89 and 135 000 tonnes (equivalent to 17 000 tonnes sugar) in 1990/91, which is the last marketing year covered by the present quota system; whereas, however, the sugar-producing undertaking situated in that region does not yet have the technical facilities needed to start production; whereas, to allow more sugar beet to be grown, provision should be made for transitional measures under which quotas could be allocated to that undertaking; whereas accordingly, sugar obtained from beet harvested in Portugal and produced by a sugar-producing undertaking to which quotas have been allocated but which is situated in another Member State should, from 1987/88 until 1990/91, a period generally considered as sufficient for installing the technical production facilities needed for a sugar factory, be considered as having been produced by the undertaking situated in mainland Portugal which owns the processed beet,
HAS ADOPTED THIS REGULATION:
Article 1 Regulation (EEC) No 1785/81 is hereby amended as follows:
1. Article 1 (2) (a) and (b) is replaced by the following:
´(a) "white sugars'' means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, 99,5 % or more by weight of sucrose, determined by the polarimetric method;
(b) ''raw sugars'' means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, less than 99,5 % by weight of sucrose, determined by the polarimetric method;' 2. The following second and third subparagraphs are added to Article 8 (1):
´However, as regards sugar obtained from cane harvested in Spain and marketed in that Member State during the marketing years 1988/89 to 1991/92, the compensation system provided for in the first subparagraph shall apply under the condition laid down in the third subparagraph and shall apply in its entirety to such sugar with effect from the 1992/93 marketing year.
The amount of the storage levy and of the flat-rate reimbursement fixed for each of the marketing years in question shall be applied at the following rates:
(a) 0 % for sugar marketed during the 1988/89 marketing year (b) 25 % for sugar marketed during the 1989/90 marketing year (c) 50 % for sugar marketed during the 1990/91 marketing year (d) 75 % for sugar marketed during the 1991/92 marketing year.' 3. The following paragraph is added to Article 9:
´4a. As an intervention measure during the period 1987/88 to 1991/92 Community aid shall be granted for the adaptation of the white sugar beet processing industry in the autonomous region of the Azores.
The aid shall be granted, within the limit of the A and B quotas for the sugar-producing undertaking situated in the autonomous region of the Azores, in respect of the quantity of white sugar produced during each of the marketing years referred to in the first subparagraph. The amount of aid per 100 kilograms produced during each marketing year shall be equal to the difference between the derived intervention price, for all the areas of the United Kingdom, for the white sugar in question, and the intervention price for Portugal for the said white sugar.' 4. Article 16 (2) is replaced by the following:
´2. The levies on white sugar, raw sugar and molasses shall be equal to the threshold price minus the cif price. For flavoured and coloured sugars and those containing other added substances, obtained from white sugar or raw sugar, the levy on white sugar shall apply.
5. Article 23 (2) and (3) is replaced by the following:
´2. For the 1988/89, 1989/90 and 1990/91 marketing years, and without prejudice to Articles 24 (1a) and 25, the A and B quotas of sugar-producing undertakings and isoglucose-producing undertakings shall be those which obtained in the 1987/88 marketing year.
3. For the 1988/89, 1989/90 and 1990/91 marketing years, the basic A and B production quantities for sugar and isoglucose shall be those laid down in Article 24 (2) for the 1986/87 and 1987/88 marketing years.
4. The Council, acting in accordance with the procedure laid down in Article 43 (2) of the Treaty, shall determine before 1 January 1991 the system to be applied from 1 July 1991.' 6. The second and third subparagraphs of Article 24 (1) are replaced by the following paragraph:
´1a. With regard to Portugal, that country shall allocate, for its mainland region under the conditions of this Title and within the limit of the basic A and B quantities fixed for that region in paragraph 2, an A quota and a B quota to each undertaking situated in that region which is likely to start up sugar production.
Before such allocation Portugal may use for the benefit of the A and B quotas of the undertaking situated in the autonomous region of the Azores up to 10 % of the basic A and B quantities fixed in respect of mainland Portugal.
However, as a transitional measure, if an undertaking which is intended for sugar production, which is approved as such by Portugal and which is situated in its mainland region is not likely to start up sugar production that Member State may allocate to it, without prejudice to paragraph 2, an A quota and a B quota during the marketing years from 1987/88 to 1990/91.
For the purposes of the third subparagraph, where a sugar-producing undertaking which is situated in another Member State and to which production quotas have been allocated processes sugar beet harvested in Portugal and purchased by the undertaking situated in Portugal in accordance with the provisions of this Regulation, the sugar obtained as a result shall be considered as having been produced by the Portuguese undertaking in question.
The sum of the quotas allocated for each of the marketing years referred to in the third subparagraph may not exceed the quantity of sugar which may thus be produced during the marketing year in question.' 7. In Article 28 (2), the introductory words are replaced by the following:
´2. Before the end of each of the 1988/89, 1989/90 and 1990/91 marketing years, a cumulative recording shall be made of the 1986/87 to 1989/90 marketing years which precede the year of recording:' 8. Article 28 (5), (6) and (7) is replaced by the following:
´5. Where the figures recorded pursuant to paragraph 1 show that, because of the ceiling placed on the basic production levy and the B levy fixed in paragraphs 3 and 4, the foreseeable total loss for the current marketing year is likely not to be covered by the receipts expected from those levies, the maximum percentage referred to in the first indent of paragraph 4 shall be adjusted to the extent necessary to cover the said total loss but without exceeding 37,5 %.
The revised maximum percentage for the B levy shall be fixed for the current marketing year before 15 September of that marketing year. At the same time the percentage referred to in the second subparagraph of Article 5 (2) shall be adjusted accordingly.
6. The Council, acting by a qualified majority on a proposal from the Commission, may decide that all or part of the losses resulting from any granting of the production refunds referred to in Article 9 (3) must be included in the total loss referred to in paragraph 1 (e) of this Article.
7. The levies referred to in this Article shall be collected by the Member States.
8. Detailed rules for the application of this Article and in particular:
- the amounts of the levies to be collected,
- the revised maximum percentage for the B levy,
- the adjusted minimum price for B beet corresponding to the revised maximum percentage for the B levy.' 9. The following Article is inserted after Article 28:
´Article 28a 1. Where, in respect of a particular marketing year, the total loss recorded pursuant to Article 28 (1) and 2 is not fully covered by the receipts from the production levies for that marketing year after application of Article 28 (3) to (5), an additional levy shall be charged to manufacturers, without prejudice to Article 5, so as to cover fully that part of the total loss in question which is not covered by the said receipts.
2. The additional levy shall be calculated for each sugar-producing undertaking and each isoglucose-producing undertaking by multiplying the total amount of the production levies payable by the undertaking in respect of the marketing year in question by a coefficient to be determined. This coefficient shall represent, for the Community as a whole, the ratio between the total loss recorded for the marketing year in question pursuant to Article 28 (1) and (2) and the receipts from the basic production levy and the B levy owed by sugar manufacturers and isoglucose manufacturers for that marketing year, the ratio being reduced by 1.
3. The additional levy shall be paid by the manufacturers in question before the 15th day of December following the marketing year in respect of which it is payable.
Sugar manufacturers may require that sellers of Community-produced beet or Community-produced cane, as the case may be, refund part of the additional levy in question which has been collected. Such refund may at most be equal to the maximum amount contributed by the beet or cane sellers, as provided for by Article 28, towards the basic production levy and the B levy for the marketing year in question multiplied by the coefficient referred to in paragraph 2.
The refund referred to in the second subparagraph shall be effected on beet delivered under the marketing year in question. However, the parties concerned may agree that the refund shall be effected on beet delivered under the following marketing year.
4. For the purposes of the information recorded pursuant to Article 28 (2), account shall be taken of the revenue generated by charging the additional levy referred to in paragraph 1.
5. Detailed rules for the application of this Article, and in particular the coefficient referred to in paragraph 2, shall be adopted in accordance with the procedure laid down in Article 41.' 10. The second subparagraph of Article 32a (1) is replaced by the following:
´In the marketing years 1986/87 to 1990/91, the elimination levy designed to eliminate a deficit of 80 million ECU for each marketing year shall apply in accordance with the particulars set out in paragraphs 2 and 3.' 11. In Article 32a (4), ´during the marketing years 1986/87 and 1987/88' is replaced by ´during the marketing years 1986/87 to 1990/91.' Article 2 1. This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
2. It shall apply from 1 July 1988, with the exeption of Article 1 (3) and (6) which shall apply from the beginning of the 1987/88 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 25 April 1988. | [
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COMMISSION REGULATION (EC) No 1902/2005
of 21 November 2005
establishing a prohibition of fishing for anglerfish in ICES zones VII by vessels flying the flag of Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 26(4) thereof,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(1)
Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2005.
(2)
According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2005.
(3)
It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2005 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 November 2005. | [
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COMMISSION REGULATION (EC) No 338/2005
of 25 February 2005
fixing the maximum export refund on wholly milled and parboiled long grain B rice to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 2032/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (1), and in particular Article 14(3) thereof,
Whereas:
(1)
An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 2032/2004 (2).
(2)
Article 5 of Commission Regulation (EEC) No 584/75 (3) allows the Commission to fix, in accordance with the procedure laid down in Article 26(2) of Regulation (EC) No 1785/2003 and on the basis of the tenders submitted, a maximum export refund. In fixing this maximum, the criteria provided for in Article 14(4) of Regulation (EC) No 1785/2003 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 and parboiled long grain B rice to be exported to certain third countries pursuant to the invitation to tender issued in Regulation (EC) No 2032/2004 is hereby fixed on the basis of the tenders submitted from 21 to 24 February 2005 at 60,00 EUR/t.
Article 2
This Regulation shall enter into force on 26 February 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 February 2005. | [
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*****
COUNCIL REGULATION (EEC) No 2204/90
of 24 July 1990
laying down additional general rules on the common organization of the market in milk and milk products as regards cheese
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas Article 11 of Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (3), as last amended by Regulation (EEC) No 3879/89 (4), provides for the granting of aid, since the introduction of that organization, for skimmed milk produced in the Community and processed with a view to the manufacture of casein and caseinates; whereas that aid for disposal must ensure for the Community producers concerned a market position identical to that of producers of non-Community casein and caseinates the products of which, following a binding of customs duties, are available on the Community market at the world market price;
Whereas technical progress combined with the arrangements for controlling milk production have had the result of developing the use of casein and caseinates in products for which the primary objective of the aid did not intend them; whereas such substitution operations resulted in affecting the stability of the milk market; whereas, while it appears vital, for reasons of competition, to maintain the principle of aid of a sufficient amount, measures to ensure that the granting of the aid may not disturb the balance of the milk market and that casein and caseinates of Community and non-Community origin receive the same treatment must be adopted;
Whereas the characteristics of casein and caseinates and those of cheese show similarities such that the latter products are particulary vulnerable to the abovementioned substitution operations; whereas only the use of casein and caseinates in cheese should accordingly be governed by rules at Community level;
Whereas the sound operation of such arrangements requires, on the part of the Member States, controls ensuring compliance with the obligations laid down: whereas, to that end, provision should be made in particular for controls and the relevant penalties: whereas the penalties must be such as to neutralize at least the economic benefit arising from unauthorized utilization,
HAS ADOPTED THIS REGULATION:
Article 1
The use of casein and caseinates in the manufacture of cheese shall be subject to prior authorization, which shall be granted only if such use is a necessary condition for the manufacture of the products.
According to the procedure laid down in Article 30 of Regulation (EEC) No 804/86, the Commission shall determine the conditions under which States shall grant the authorizations and the maximum percentages to be incorporated, on the basis of objective criteria laid down having regard to what is technologically necessary.
Article 2
For the purposes of this Regulation:
(a) 'cheese' means products covered by CN code 0406 and manufactured within Community territory;
(b) 'casein and caseinates' means products covered by CN codes 3501 10 90 and 3501 90 90 and used as such or in the form of a mixture.
Article 3
1. The Member States shall introduce administrative and physical controls involving the following measures:
(a) the obligation to declare the quantities and types of cheese manufactured and the quantities of casein and caseinates incorporated into the various products;
(b) the obligation on each undertaking to keep stock accounts enabling the quantities and types of cheese manufactured, the quantities of casein and caseinates purchased and/or manufactured and their destination and/or utilization to be recorded;
(c) frequent, unannounced spot checks in order to cross-check the stock accounts on the one hand and appropriate commercial documents and stocks actually held on the other hand; such checks shall relate to a representative number of the declarations referred to in (a) in order to check the facts.
2. The Member States shall notify the Commission of all measures adopted pursuant to this Regulation and of those ensuring that the parties concerned are informed as to the penal or administrative penalties to which they are liable in the case of failure to comply with the provisions of this Regulation, observed
- either pursuant to the measures adopted under paragraph 1,
- or during any check that the public authorities conduct concerning the undertakings which manufacture cheeses but which are not subject to the provisions of paragraph 1.
3. Without prejudice to the penalties laid down, or to be laid down, by the Member State concerned, a sum equal to the difference between the value of the skimmed milk resulting from the intervention price for skimmed-milk powder on the one hand and the market price for casein and caseinates on the other hand, plus 10 %, shall be due for quantities of casein and caseinates used without authorization.
Those values shall be ascertained in accordance with the procedure laid down in Article 30 of Regulation (EEC) No 804/68.
Article 4
After the arrangements provided for by this Regulation have been applied for one year, the Commission shall draw up a report, together with any appropriate proposals, on the operation and impact of the arrangements.
Article 5
The detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 30 of Regulation (EEC) No 804/68.
Article 6
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 15 October 1990. Until that date the provisions in force, and in particular Article 2 (4) of Council Regulation (EEC) No 987/68 of 15 July 1968 laying down general rules for granting aid for skimmed milk processed into caseins or caseinates (1), as last amended by Regulation (EEC) No 1435/90 (2), shall continue to apply.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 July 1990. | [
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COMMISSION REGULATION (EC) No 1526/2004
of 26 August 2004
fixing the maximum export refund for white sugar to certain third countries for the 3rd partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1327/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1) and in particular the second indent of Article 27(5) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1327/2004 of 19 July 20043rd on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2004/2005 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries.
(2)
Pursuant to Article 9(1) of Regulation (EC) No 1327/2004 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
For the 3rd partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1327/2004 the maximum amount of the export refund shall be 47,175 EUR/100 kg.
Article 2
This Regulation shall enter into force on 27 August 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 August 2004. | [
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*****
COUNCIL REGULATION (EEC) No 2055/86
of 30 June 1986
opening, allocating and providing for the administration of a Community tariff quota for rum, arrack and tafia, falling within subheading 22.09 C I of the Common Customs Tariff and originating in the overseas countries and territories associated with the European Economic Community (1986/87)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community and in particular Article 136 thereof,
Having regard to Council Decision 80/1186/EEC of 16 December 1980 on the association of the overseas countries and territories with the European Economic Community (1) as last amended by Council Decision 86/46/EEC (2) and in particular Annex IX thereto,
Having regard to the proposal from the Commission,
Whereas Annex IX to Decision 80/1186/EEC provides that rum, arrack and tafia shall be imported into the Community free of customs duties within the limits of a Community tariff quota;
Whereas the Community has established by Decision 86/47/EEC (3), arrangements for trade between Spain and Portugal on the one hand and the overseas countries and territories (OCT) on the other; whereas this Decision provides for the application by the two Member States of the particular provisions concerning the quota duties to be applied on imports of products originating in the OCT;
Whereas the annual size of the quota is to be fixed on the basis of a basic annual quantity, calculated in hectolitres of pure alcohol, equal to the amount of imports during the best of the past three years for which statistics are available; whereas to this quantity a certain growth rate is applied; whereas this growth rate should be fixed at 27 %; whereas the quota period ranges from 1 July to 30 June of the following year;
Whereas Community statistics for the years 1983 to 1985 show the highest volume of imports into the Community of the products in question originating in the said countries and territories, namely 13 306 hectolitres of pure alcohol, occurred in 1983; whereas the volume of the Community tariff quota for the period 1 July 1986 to 30 June 1987 should therefore be fixed at 16 899 hectolitres of pure alcohol;
Whereas, taking into account actual trends on the markets for the products in question, the needs of the Member States and the economic prospects for the period under consideration, the percentage shares in the quota volume may be laid down approximately as follows:
Benelux: 59,99
Denmark: 7,04
Germany: 10,88
Greece: 0,51
Spain: 1,95
France: 4,02
Ireland: 4,02
Italy: 1,95
Portugal: 1,95
United Kingdom: 7,69
Whereas the development of imports into the Community of these products should be recorded and imports accordingly monitored;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any measure concerning the administration of the share allocated to that economic union may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 July 1986 to 30 June 1987, rum, arrack and tafia falling within subheading 22.09 C I of the Common Customs Tariff and originating in the countries and territories referred to in Article 1 of Decision 80/1186/EEC shall be imported free of customs duty into the Community within the limits of a Community tariff quota of 16 899 hectolitres of pure alcohol.
2. The rules of origin applicable to the products referred to in paragraph 1 shall be those set out in Annex II to Decision 80/1186/EEC.
3. Within the limit of their shares as indicated in Article 2, the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant provisions of the 1985 Act of Accession and of Regulation (EEC) No 86/47/EEC.
Article 2
The Communtiy tariff quota referred to in Article 1 shall be divided between the Member States as follows:
1.2 // // (hectolitres of pure alcohol) // Benelux: // 10 139 // Denmark: // 1 190 // Germany: // 1 840 // Greece: // 30 // Spain: // 330 // France: // 680 // Ireland: // 680 // Italy: // 330 // Portugal: // 330 // United Kingdom: // 1 350
Article 3
1. Member States shall manage the shares allocated to them in accordance with their own arrangements.
2. The extent to which the Member States have taken up their shares shall be determined on the basis of the imports of the products in question, originating in the said countries and territories, entered for customs clearance under declarations for free circulation.
Article 4
1. In accordance with Article 6 of Annex IX to Decision 80/1186/EEC, the Community shall monitor imports of the products in question originating in the said countries and territories.
2. Member States shall forward to the Commission, not later than the 15th day of each month, statements of imports of the products in question actually charged against the tariff quota during the preceding month. Only products entered at customs under declarations for free circulation and accompanied by a movement certificate conforming to the rules referred to in Article 1 (2) shall be taken into consideration for this purpose.
3. The Commission shall regularly inform the Member States of the extent to which the tariff quota has been used up.
4. Where necessary, consultation may be held at the request of a Member State or on the initiative of the Commission.
Article 5
The Commission shall take all necessary measures, in close cooperation with the Member States, to ensure the implementaion of this Regulation.
Article 6
Tis Regulation shall enter into force on 1 July 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 30 June 1986. | [
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COMMISSION REGULATION (EC) No 91/2005
of 20 January 2005
applying a reduction coefficient to refund certificates for goods not covered by Annex I to the Treaty, as provided for by Article 8(5) of Regulation (EC) No 1520/2000
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),
Having regard to Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty and the criteria for fixing the amount of such refunds (2), and in particular Article 8(5) thereof,
Whereas:
(1)
Member States' notifications pursuant to Article 8(2) of Regulation (EC) No 1520/2000 indicate that the total amount of applications received reaches EUR 220 145 448 while the available amount for the tranche of refund certificates as referred to in Article 8(4) of Regulation (EC) No 1520/2000 is EUR 71 047 745.
(2)
A reduction coefficient shall be calculated on the basis of Article 8(3) and (4) of Regulation (EC) No 1520/2000. Such coefficient should therefore be applied to amounts requested in the form of refund certificates for use from 1 February 2005 as established in Article 8(6) of Regulation (EC) No 1520/2000,
HAS ADOPTED THIS REGULATION:
Article 1
The amounts for applications of refund certificates for use from 1 February 2005 are subject to a reduction coefficient of 0,678.
Article 2
This Regulation shall enter into force on 21 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 January 2005. | [
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Commission Directive 2003/69/EC
of 11 July 2003
amending the Annex to Council Directive 90/642/EEC as regards maximum residue levels for chlormequat, lambda-cyhalothrin, kresoxim-methyl, azoxystrobin and certain dithiocarbamates
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on products of plant origin, including fruit and vegetables(1), as last amended by Council Regulation (EC) No 2003/806(2), and in particular Article 7 thereof,
Whereas:
(1) In the case of products of plant origin including fruit and vegetables, residue levels reflect the use of minimum quantities of pesticides necessary to achieve effective protection of plants, applied in such a manner that the amount of residue is as low as is practicable and toxicologically acceptable, having regard, in particular to the protection of the environment and the estimated dietary intake of consumers. Community maximum residue levels (MRLs) represent the upper limit of the amount of such residues that might be expected to be found in commodities when good agricultural practices have been respected.
(2) MRLs for pesticides are kept under review and changed to take account of new information and data. MRLs are fixed at the lower limit of analytical determination where authorised uses of plant protection products do not result in detectable levels of pesticide residue in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported by the necessary data.
(3) In the case of chlormequat, Member States and stakeholders informed the Commission that contamination of pears due to the background levels of chlormequat in the environment originating from earlier use continues to be significant. Monitoring data show that the decline of the residues is so slow that the temporary MRL provided for in Directive 90/642/EEC needs to remain in place for three more years.
(4) In the case of lambda-cyhalothrin, kresoxim-methyl, azoxystrobin and mancozeb applications for new or changed uses were submitted to the Rapporteur Member States. Those uses were evaluated and it was concluded that they would not result in unacceptable consumer exposure.
(5) For mancozeb it is not possible with the current method of routine analysis to distinguish it from other dithiocarbamates (maneb, mancozeb, metiram, propineb and zineb (sum expressed as CS2)), therefore the residue definition covers the whole group of dithiocarbamates.
(6) The Commission concluded that it is prudent to modify some of the MRLs in view of the possible risks to consumers. It is important that additional risk management measures should be taken by the Member States to adequately protect the consumer.
(7) The lifetime and short term exposure of consumers to the pesticides referred to in this Directive via food products has been reassessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation(3). It is calculated that the MRLs fixed in this Directive will not lead to unacceptable consumer exposure.
(8) Where relevant, the acute exposure of consumers to those pesticides via each of the food products that may contain residues has been assessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation. It is concluded that the presence of pesticide residues at or below the MRLs proposed in this Directive will not cause acute toxic effects.
(9) Through the World Trade Organisation, the Community's trading partners have been consulted about the MRLs proposed in this Directive and their comments on these levels have been taken into account.
(10) The opinions of the Scientific Committee for Plants have been taken into account, in particular its advice and recommendations concerning the methodology to be followed for the protection of consumers of agricultural products treated with pesticides.
(11) The Annex to Directive 90/642/EEC should therefore be amended accordingly.
(12) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex II to Directive 90/642/EEC is amended as follows:
1. in the entry for kresoxim-methyl on strawberries "0,2 (p) mg/kg" is replaced by "1 (p) mg/kg";
2. in the entry for the dithiocarbamates: "Maneb, mancozeb, metiram, propineb and zineb (sum expressed as CS2)" on radishes "0,2 mg/kg" is replaced by "2 mg/kg", on spring onions "0,05* mg/kg" is replaced by "1 mg/kg";
3. in the entry for chlormequat on pears the footnote (t) is replaced by the following:
"(t) A temporary MRL of 0,3 mg/kg shall apply until 31 July 2006.";
4. the entries for azoxystrobin and lambda-cyhalothrin are replaced by the entries in Annex to this Directive.
Article 2
Member States shall adopt and publish the provisions necessary to comply with this Directive by 31 July 2003 at the latest. They shall forthwith inform the Commission thereof.
They shall apply those provisions from 1 August 2003.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 3
This Directive shall enter into force on the seventh 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, 11 July 2003. | [
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COMMISSION REGULATION (EC) No 441/2008
of 22 May 2008
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (1), and in particular Article 138(1) thereof,
Whereas:
(1)
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 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 138 of Regulation (EC) No 1580/2007 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 23 May 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 May 2008. | [
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COMMISSION REGULATION (EC) No 548/2009
of 24 June 2009
amending Regulation (EC) No 760/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards authorisations for the use of casein and caseinates in the manufacture of cheeses
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 121(i), in conjunction with Article 4 thereof,
Whereas:
(1)
Article 100 of Regulation (EC) No 1234/2007 as amended by Council Regulation (EC) No 72/2009 of 19 January 2009 on modifications to the Common Agricultural Policy by amending Regulations (EC) No 247/2006, (EC) No 320/2006, (EC) No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No 479/2008 and repealing Regulations (EEC) No 1883/78, (EEC) No 1254/89, (EEC) No 2247/89, (EEC) No 2055/93, (EC) No 1868/94, (EC) No 2596/97, (EC) No 1182/2005 and (EC) No 315/2007 (2) provides for the possibility of granting aid for skimmed milk processed into casein and caseinates.
(2)
Following the amendment of Article 119 of Regulation (EC) No 1234/2007 by Regulation (EC) No 72/2009, prior authorisation for using casein and caseinates in cheese manufacture is no longer required unless aid is paid under Article 100 of Regulation (EC) No 1234/2007 and the Commission decides to make the use of casein and caseinates in the manufacture of cheese subject to that authorisation.
(3)
When aid for Community-produced skimmed milk processed into casein and caseinates is fixed in accordance with Article 100 of Regulation (EC) No 1234/2007, the detailed rules for granting such authorisations should be respected.
(4)
Commission Regulation (EC) No 760/2008 (3) has established the rules for the prior authorisations of the use of casein and caseinates that had to be granted under Article 119 before its amendment by Regulation (EC) No 72/2009. In view of the current situation where the aid is fixed at zero, and the prior authorisation is no longer mandatory, the scope of Regulation (EC) No 760/2008 should be amended to lay down the conditions under which those rules are applicable
(5)
It is therefore necessary to amend Regulation (EC) No 760/2008 accordingly.
(6)
The proposed amendment should apply from 1 July 2009, the date on which the relevant amendments introduced by Regulation (EC) No 72/2009 apply.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 1 of Regulation (EC) No 760/2008, paragraph 1 is replaced by the following:
‘1. This Regulation lays down the rules as regards the granting of authorisations for the use of casein and caseinates in the manufacture of cheese when:
(a)
an aid is fixed pursuant to Article 100 of Regulation (EC) No 1234/2007; and
(b)
such use is considered necessary for the manufacture of cheese as provided for in Article 119 of that Regulation.
Those authorisations shall be granted for a period of 12 months, at the request of the undertakings concerned, subject to a prior undertaking in writing to accept and comply with the provisions of Article 3 of this Regulation.’
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 1 July 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 June 2009. | [
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COMMISSION REGULATION (EC) No 792/2006
of 24 May 2006
fixing the minimum selling price for butter for the 42nd individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2771/1999
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10(c) thereof,
Whereas:
(1)
Pursuant to Article 21 of 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), intervention agencies have put up for sale by standing invitation to tender certain quantities of butter held by them.
(2)
In the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award, in accordance with Article 24a of Regulation (EC) No 2771/1999.
(3)
In the light of the tenders received, a minimum selling price should be fixed.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
For the 42nd individual invitation to tender pursuant to Regulation (EC) No 2771/1999, in respect of which the time limit for the submission of tenders expired on 23 May 2006, the minimum selling price for butter is fixed at 255,00 EUR/100 kg.
Article 2
This Regulation shall enter into force on 26 May 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 May 2006. | [
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COMMISSION REGULATION (EEC) No 3472/80 of 30 December 1980 supplementing the Annex to Regulation (EEC) No 3130/78 determining intervention centres for olive oil, as a result of Greek accession
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Greece (1), and in particular Article 146 thereof,
Whereas Commission Regulation (EEC) No 3130/78 (2) determines the intervention centres for olive oil in the producer Member States ; whereas the said list of centres should be supplemented to take account of Greek accession,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EEC) No 3130/78 is hereby supplemented by the list of Greek intervention centres given in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 January 1981.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 December 1980. | [
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Council Decision
of 27 March 2003
appointing an alternate member of the Committee of the Regions
(2003/233/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
Having regard to the proposal from the German Government,
Whereas:
(1) On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions(1).
(2) The seat of an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Gustav-Adolf STANGE, of which the Council was notified on 18 December 2002,
HAS DECIDED AS FOLLOWS:
Sole Article
Mr Hans-Georg KLUGE (State Secretary at the Ministry of Justice and European Affairs of the Land Brandenburg) is hereby appointed an alternate member of the Committee of the Regions in place of Mr Gustav-Adolf STANGE for the remainder of his term of office, which expires on 25 January 2006.
Done at Brussels, 27 March 2003. | [
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*****
COMMISSION DECISION
of 26 July 1990
terminating an anti-dumping proceeding concerning imports of certain single phase, two-speed electric motors originating in Bulgaria, Romania and Czechoslovakia
(90/399/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 9 thereof,
After consultation within the Advisory Committee as provided for by Regulation (EEC) No 2423/88,
Whereas:
A. PROCEDURE
(1) In July 1989 the Commission received a complaint lodged by Associazione Nazionale Industrie Elettrotechniche ed Elettroniche (ANIE), Italy, Groupement des Industries de Matériels d'Equipement Electrique et de L'Electronique Industrielle Associée (Gimelec), France and Asociación Nacional de Fabricantes de Bíenes de Equipo (Sercobe), Spain, trade associations which represent the majority of the Community production of the electric motors concerned.
The complaint was accompanied by sufficient evidence of dumping and injury to justify the initiation of an investigation.
Consequently, the Commission published a notice in the Official Journal of the European Communities (2) announcing the initiation of an anti-dumping proceeding concerning imports into the Community of certain single phase, two-speed electric motors originating in Bulgaria, Romania and Czechoslovakia falling within CN code 8501 40 90, and started an investigation.
B. PRODUCT
(2) The products allegedly being dumped are AC, single phase, two-speed, electric motors used in the construction of low-speed washing machines. These electric motors fall within CN code 8501 40 90.
It should be noted that electric motors of the type described are used only in washing machines destined for markets in the southern half of the Community, i.e. France, Spain, Italy, Greece and Portugal, owing to the fact that the washing machine motors that are produced and used in northern Community countries have different technical specifications and fall within different CN codes.
(3) When considering the 'likeness' between the Community electric motors concerned and the exported electric motors which are the subject of this proceeding, the Commission established that these motors were alike in their essential character and identical in their use. None of those concerned commented on this question, within the meaning of Article 2 (12) of Regulation (EEC) No 2423/88.
C. SUBSEQUENT PROCEDURE
(4) The Commission officially notified the exporters and importers known to be concerned, representatives of the exporting countries and the complainants, giving those directly concerned the opportunity to make their views known in writing and to request a hearing. Some of them asked for and received a hearing from the Commission. Some importers made their views known in writing.
(5) The Commission collected and verified all the information it considered necessary to assess the evidence and carried out inspections at the premises of the following firms:
Community producers
- Société Electromécanique du Nivernais (Selni),
Nevers,
France,
- Nuova IB-MEI spa,
Asti,
Italy,
- Sole spa,
Pordenone,
Italy,
- IB-MEI,
Mostoles,
Spain.
(6) Pursuant to Article 7 (1) (c) of Regulation (EEC) No 2423/88, the dumping investigation covered the period 1 January to 30 September 1989 (hereinafter the 'investigation period').
D. INJURY
(7) When deciding whether the allegedly dumped imports caused major injury to the Community industry, the Commission considered whether or not to regard these imports as a whole.
After having eliminated Bulgaria from its study, since no exports from this country had been recorded in 1988 or during the investigation period, the Commission established that the imported products were alike, that they were competing on the Community market and that they were destined for the same customers, and decided to regard them as a whole.
When assessing the situation of the Community industry, the Commission took account of the following:
(a) Volume, market share and price of imports
Volume and market share
(8) Imports into the Community of the electric motors which are the subject of the procedure originating in Romania and Czechoslovakia rose from 984 086 units in 1986 to 1 084 523 in 1988, an increase of 10,2 %.
During the investigation period 745 365 units were imported. When extrapolated for the whole of 1989, these imports are revealed to be 8,3 % down.
(9) Compared with Community consumption, which rose from 3 703 871 units in 1986 to 4 206 932 in 1988, an increase of 13,6 %, the market share of motors imported from Romania and Czechoslovakia fell from 26,6 % to 25,7 %.
During the investigation period, the market share of the imports concerned fell further to 23,9 %, Community consumption in 1989 being down 0,6 % on 1988.
Price
(10) Evidence available to the Commission showed undercutting in Italy and Spain, the two main markets for the imports.
On the Italian market, the Romanian exporter was established to be undercutting by between 3 and 26 %, and the Czechoslovak exporter by between 5 and 26 %.
In Spain, the Czechoslovak exporter was established to have been undercutting by between 4 and 18 %. There were no Romanian exports to this market during the investigation period.
(b) Situation of the Community industry
The Commission examined whether the imports alleged to have been dumped had had any serious effect on the Community industry.
Community production
(11) Community production increased by 19,6 % from 1986 to 1988, from 2 737 574 units to 3 275 226, while its consumption increased by only 13 %.
During the investigation period, Community production was 2 484 652 units; extrapolating this figure for the whole of 1989 shows a slight increase in production of 1 % against a 0,6 % drop in Community consumption.
Utilization of production capacity
(12) Utilization of production capacity, which had increased from 69 % to 76,7 % between 1986 and 1988, fell noticeably during the investigation period (to 71,7 %) because Community producers had increased their production capacity during 1988 and the investigation period.
Community sales and market share
(13) From 1986 to 1988 the sales of the Community producers concerned increased by 14,8 %, from 2 719 785 units to 3 122 409. During the investigation period 2 378 048 units were sold. Extrapolating this figure for the whole of 1989 reveals an increase of 1,3 %. (14) The market share of Community sales rose from 73,4 % in 1986 to 74,6 % in 1988 and 76 % in the investigation period.
Selling price and profit
(15) Community producers raised their prices considerably during the investigation period. Some Community producers alleged, however, that competition from allegedly dumped imports had prevented them from raising their prices in line with increasing production costs.
(16) Although the financial circumstances of Community producers seem overall to have deteriorated when the investigation period is compared with the preceding years, the Commission was not able to verify this trend because two undertakings accounting for almost half of Community production during the investigation period supplied no data on their financial situation in preceding years.
Whatever the case may be, two producers are still showing a profit. One is a producer of electric motors integrated into a group making washing machines, and the other is an independent producer, i.e. one not linked to a washing machine manufacturer. Of the Community producers making losses, one is an integrated producer and the other the subsidiary of the abovementioned independent producer.
The Commission found that the losses recorded by the integrated producer were a consequence more of the group's purchasing policy than of the imports alleged to have been dumped. In the case of the independent producer's subsidiary and in the absence of data regarding its financial situation in preceding years, it was not possible to prove that the losses found during the investigation period were caused by the imports in question.
Conclusions concerning the injury
(17) The above information shows that the imports of motors of Romanian and Czechoslovak origin increased less rapidly than Community consumption; the decline in these imports was particularly noticeable during the investigation period, falling by 8 % while Community consumption remained relatively stable. The market share of the imports concerned was down by almost 3 % on 1986.
The Community producers, for their part, were able to increase production and sales at a rate faster than that at which Community consumption grew, so increasing their market share. Any slight decline in their utilization of production capacity during the investigation period is the result of increases in production capacity during 1988 and the investigation period, which were out of line with trends in Community consumption.
The producers were able to increase their prices considerably in spite of undercutting. It was not possible to satisfactorily verify arguments that these increases were inadequate and these arguments seemed irrelevant in the case of two of the producers, whose prices are set by their washing machine-making parent companies.
Consequently, the Commission is unable to attribute any deterioration in financial results during the investigation period to the imports in question.
In view of the above, the Commission has to conclude that imports of electric motors originating in Romania and Czechoslovakia have not caused significant injury to the Community industry in question.
E. THREAT OF INJURY
(18) It was alleged that the Spanish market was an exceptional case owing to higher customs duties than those applicable under the Common Customs Tariff and to quantitative restrictions covering the type of motor concerned by this proceeding, and that the lack of an anti-dumping measure would cause serious injury to this country when these protective measures were abolished in 1992.
While considering this argument irrelevant since the customs duties and quantitative restrictions in question were not introduced to compensate for dumping, the Commission examined the argument in the light of Article 4 (3) of Regulation (EEC) No 2423/88, which provides that account may be taken, when determining threat of injury, of factors such as the rate of increase of the exports concerned to the Community and the export capacity of the country of origin. The Commission found that Romania had not exported to Spain in 1988 and 1989 and that Czechoslovak exports had fallen considerably during the investigation period, and also that there was nothing to indicate a probable expansion in the near future of the Czechoslovak undertaking's export capacity. On the contrary, the Czechoslovak exporter wrote saying that it had cut production and production capacity. The Commission therefore feels that the criteria for a threat of injury to the Spanish market in particular have not been fulfilled.
F. DUMPING
(19) In view of the above conclusions concerning the lack of injury or threat of injury, the Commission does not consider it necessary to continue the investigation concerning dumped imports of motors originating in Romania and Czechoslovakia.
G. TERMINATION OF THE ANTI-DUMPING PROCEEDING
(20) The anti-dumping proceeding must therefore be terminated without the imposition of protective measures.
(21) The Anti-Dumping Committee raised no objection to this conclusion.
(22) The complainants have been informed of the grounds and essential considerations underlying the Commission's decision to terminate the proceeding,
HAS DECIDED AS FOLLOWS:
Sole Article
The anti-dumping proceeding concerning imports of certain single phase, two-speed electric motors originating in Bulgaria, Romania and Czechoslovakia, and falling within CN code 8501 40 90 is hereby terminated.
Done at Brussels, 26 July 1990. | [
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Commission Decision
of 6 July 1981
establishing that the apparatus described as "Akashi combined light-electron microscope, model LEM 2000" may not be imported free of Common Customs Tariff duties
(81/548/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials [1], as amended by Regulation (EEC) No 1027/79 [2],
Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 [3], and in particular Article 7 thereof,
Whereas, by letter dated 19 December 1980, the United Kingdom has requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as "Akashi combined light-electron microscope, model LEM 2000", to be used for research into multiple sclerosis, particularly with the brain antigens in section of multiple sclerosis material, 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 28 April 1981 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question is a light-electron microscope; Whereas its objective technical characteristics, such as the reproducibility of the measurements, 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 "EM 400 T", manufactured by Philips Nederland BV, NL-Boschdijk 525, Eindhoven,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as "Akashi combined light-electron microscope, model LEM 2000", which is the subject of an application by the United Kingdom of 19 December 1980, may not be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 6 July 1981. | [
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COMMISSION REGULATION (EEC) No 2036/84
of 16 July 1984
amending for the third time Regulation (EEC) No 1136/79 laying down detailed rules on the application of special import arrangements for certain types of frozen beef intended for processing
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by the Act of Accession of Greece, and in particular Article 14 (4) (c) thereof,
Whereas Commission Regulation (EEC) No 1136/79 (2), as last amended by Regulation (EEC) No 410/84 (3), lays down detailed rules for the application of the special import arrangements for certain types of frozen beef intended for processing; whereas Article 2 (5) of the said Regulation defines the conditions which must be complied with by products referred to as 'preserves' in order to be eligible for the special import arrangements referred to in Article 14 (1) (a) of Regulation (EEC) No 805/68;
Whereas practical experience of the application of Article 2 (5) has revealed a need for a more precise definition of products referred to as 'preserves' within the meaning of that Regulation;
Whereas the Management Committee for Beef and Veal has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Article 2 (5) of Regulation (EEC) No 1136/79 is hereby replaced by the following:
'5. For the purposes of Article 14 (1) (a) of Regulation (EEC) No 805/68 "preserves" means products falling within subheading 16.02 B III b) 1 bb) of the Common Customs Tariff, containing by weight 20 % of more of meat of bovine animals, excluding offal and fat, in which beef and jelly account for at least 85 % of the total net weight.
However, products which have been processed in a retail or catering establishment and offered for sale to the ultimate consumer shall not be considered "preserves".'
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply to preserves manufactured from products imported after 30 September 1984.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 July 1984. | [
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COMMISSION DECISION of 21 December 1994 approving the programme for the eradication and surveillance of brucella melitensis for 1995 presented by Portugal and fixing the level of the Community's financial contribution (Only the Portuguese text is authentic) (94/873/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EC (2), and in particular Article 24 thereof,
Whereas Decision 90/424/EEC provides for the possibility of financial participation by the Community in the eradication and surveillance of brucella melitensis;
Whereas by letter dated 15 July 1994, Portugal has submitted a programme for the eradication of brucella melitensis;
Whereas after examination of the programme it was found to comply with all Community criteria relating to the eradication of the disease in conformity with Council Decision 90/638/EEC of 27 November 1990 on laying down Community criteria for the eradication and monitoring of certain animal diseases (3), as last amended by Council Directive 92/65/EEC (4);
Whereas this programme appears on the priority list of programmes for the eradication and surveillance of animal diseases which can benefit from financial participation from the Community and which was established by Commission Decision 94/769/EC (5);
Whereas in the light of the importance of the programme for the achievement of Community objectives in the field of animal health, it is appropriate to fix the financial participation of the Community at 50 % of the costs incurred by Portugal up to a maximum of ECU 2 250 000;
Whereas a financial contribution from the Community shall be granted in so far as the actions provided for are carried out and provided that the authorities furnish all the necessary information within the time limits provided for;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The programme for the eradication of Brucella melitensis presented by Portugal is hereby approved for the period from 1 January to 31 December 1995.
Article 2
Portugal shall bring into force by 1 January 1995 the laws, regulations and administrative provisions for implementing the programme referred to in Article 1.
Article 3
1. Financial participation by the Community shall be at the rate of 50 % of the costs incurred in Portugal by way of compensation to owners for the slaughter of animals up to a maximum of ECU 2 250 000.
2. The financial contribution of the Community shall be granted subject to:
- forwarding a report to the Commission every three months on the progress of the programme and the costs incurred,
- forwarding a final report on the technical execution of the programme accompanied by justifying evidence as to the costs incurred by 1 June 1996 at the latest.
Article 4
This Decision is addressed to the Portuguese Republic.
Done at Brussels, 21 December 1994. | [
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COUNCIL DIRECTIVE of 3 December 1982 on a limit value for lead in the air (82/884/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 one of the essential tasks of the European Economic Community is to promote throughout the Community a harmonious development of economic activities and a continuous and balanced expansion, which cannot be imagined in the absence of a campaign to combat pollution and nuisances or of an improvement in the quality of life and the protection of the environment;
Whereas the use of lead is currently causing lead contamination of many areas of the environment;
Whereas inhaled lead contributes significantly to the total body burden of lead;
Whereas the protection of human health against the hazards of lead requires that the individual's exposure to lead in the air be monitored;
Whereas the first (4) and second (5) programme of action of the European Communities on the environment state that this pollutant should receive priority consideration ; whereas the said programmes provide for the coordination of national programmes in this field and for the harmonization of national policies within the Community on the basis of a common long-term plan aiming at improving the quality of life ; whereas since the specific powers of action required to this end have not been provided for in the Treaty, it is necessary to invoke Article 235 thereof;
Whereas insufficient technical and scientific information is available to enable the Council to lay down specific standards for the environment generally ; whereas the adoption of limit values for the protection of human health will contribute to the protection of the environment as well;
Whereas it is desirable to fix a limit value for lead in the air;
Whereas the measures taken pursuant to this Directive must be economically feasible and compatible with balanced development ; whereas in consequence a sufficient time limit should be laid down for its implementation ; whereas account should also be taken of the provisions of Council Directive 78/611/EEC of 29 June 1978 on the approximation of the laws of the Member States concerning the lead content of petrol (6);
Whereas it is desirable to monitor the quality of the air in places where people may be exposed continuously and for a long period and where there is a risk that the limit value may not be observed;
Whereas it is important that the Commission should obtain information concerning the sites used for sampling, the sampling and analysis procedures used to determine the concentration of lead in the air, the places where the limit value laid down in the Directive has been exceeded and the concentrations measured in these places as well as the measures taken to avoid a repetition of the occurrence;
Whereas each year as from the second year after the implementation of this Directive the Commission should publish a summary report on the (1) OJ No C 154, 7.7.1975, p. 29. (2) OJ No C 28, 9.2.1976, p. 31. (3) OJ No C 50, 4.3.1976, p. 9. (4) OJ No C 112, 20.12.1973, p. 1. (5) OJ No C 139, 13.6.1977, p. 1. (6) OJ No L 197, 22.7.1978, p. 19. implementation of national provisions adopted pursuant to the Directive;
Whereas the application of the measures taken pursuant to this Directive should not lead to a noticeable deterioration of the quality of the air where the level of lead pollution observed when the Directive is implemented is lower than the limit value fixed;
Whereas, to implement the Directive, it is desirable to comply with the characteristics adopted in the Annex for choosing the sampling method ; whereas, to analyze the samples taken, it is desirable to use the reference method adopted in the Annex or any other method for which the Commission has previously had proof that it provides equivalent results;
Whereas further development of the characteristics to be complied with for choosing a sampling method and the reference method of analysis, set out in the Annex to this Directive, may be desirable in the light of technical and scientific progress achieved in this field ; whereas, to facilitate the implementation of the necessary work, it is desirable to provide for a procedure introducing close cooperation between the Member States and the Commission within a committee responsible for adapting the Directive to scientific and technical progress,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive shall fix a limit value for lead in the air specifically in order to help protect human beings against the effects of lead in the environment.
2. This Directive shall not apply to occupational exposure.
Article 2
1. For the purpose of this Directive, "limit value" means the concentration of lead in the air which, subject to the conditions laid down hereinafter, must not be exceeded.
2. The limit value shall be 2 micrograms Pb/m3 expressed as an annual mean concentration.
3. Member States may, at any time, fix a value more stringent than that laid down in this Directive.
Article 3
1. Member States shall take the necessary measures to ensure that five years after notification of this Directive, the concentration of lead in the air, measured in accordance with Article 4, is not greater than the limit value given in Article 2.
2. Where a Member State considers that the limit value fixed in Article 2 (2) may be exceeded in certain places four years after notification of this Directive, it shall inform the Commission thereof.
3. The Member States concerned shall, within two years of the implementation of this Directive, forward to the Commission plans for the progressive improvement of the quality of the air in such places. These plans, drawn up on the basis of relevant information as to the nature, origin and development of the pollution, shall in particular describe the measures already taken or envisaged and the procedures implemented or planned by the Member States concerned. The objective of these measures and procedures must be to bring the concentration of lead in the air in those places below the level of the limit value fixed in Article 2 (2) or down to that level, as soon as possible and at the latest seven years after notification of this Directive. These measures and procedures must take into account the provisions of Directive 78/611/EEC and the results of its application.
Article 4
Member States shall ensure that sampling stations are installed and operated at places where individuals may be exposed continually for a long period and where they consider that Articles 1 and 2 are likely not to be observed.
Article 5
1. For the purposes of applying this Directive, the Member States shall provide the Commission at its request with information on: - the sites used for sampling,
- the sampling and analysis procedures used to determine the concentration of lead in the air.
2. Member States shall inform the Commission not later than 1 July of each year, beginning in the calendar year following the implementation of this Directive, of the places in which the limit value fixed in Article 2 (2) has been exceeded in the previous calendar year and of the concentrations recorded.
3. They shall also notify the Commission, not later than during the calendar year following that in which the limit values were exceeded, of the measures they have taken to avoid recurrence.
Article 6
The Commission shall each year publish a summary report on the application of this Directive, commencing in the second year following its implementation.
Article 7
Application of the measures taken pursuant to this Directive must not bring about a significant deterioration in the quality of the air where the level of pollution by lead, at the time of implementation of this Directive, is low in relation to the limit value fixed in Article 2 (2).
Article 8
For the purposes of applying this Directive, Member States shall comply with the characteristics laid down in the Annex for choosing the sampling method ; for analyzing the samples taken, Member States shall use the reference method mentioned in the Annex or any other method which they prove to the Commission beforehand produces equivalent results.
Article 9
The procedure in Articles 10 and 11 for the adaptation of this Directive to scientific and technical progress shall relate to the characteristics to be complied with for choosing a sampling method and the reference method referred to in the Annex.
This adaptation must not have the effect of directly or indirectly modifying the application of the actual concentration value fixed in Article 2 (2).
Article 10
1. A committee on the adaptation of this Directive to scientific and technical progress hereinafter called "the committee", is hereby set up ; it shall consist of representatives of the Member States with a Commission representative as chairman.
2. The committee shall adopt its own rules of procedure.
Article 11
1. Where the procedure laid down in this Article is to be followed, the matter shall be referred to the committee by its chairman, either on his own initiative or at the request of a representative of a Member State.
2. The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall give its opinion on that draft within a time limit set by the chairman having regard to the urgency of the matter. Opinions shall be delivered by a majority of 45 votes, the votes of the Member States being weighted as provided in Article 148 (2) of the Treaty. The chairman shall not vote.
3. Where the measures envisaged are in accordance with the opinion of the committee, the Commission shall adopt them.
Where the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be taken. The Council shall act by a qualified majority.
If within three months of the proposal being submitted to it, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 12
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 24 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall forward to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.
Article 13
This Directive is addressed to the Member States.
Done at Brussels, 3 December 1982. | [
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Commission Regulation (EC) No 335/2003
of 21 February 2003
amending Regulation (EC) No 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1251/1999 of 17 May 1999 establishing a support system for producers of certain arable crops(1), as last amended by Regulation (EC) No 1038/2001(2), and in particular Article 9 thereof,
Whereas:
(1) Commission Regulation (EC) No 2316/1999(3), as last amended by Regulation (EC) No 327/2002(4), lays down detailed rules for applying Regulation (EC) No 1251/1999 with respect to the conditions for granting area payments for certain arable crops and lays down the conditions for set aside.
(2) Under Council Regulation (EC) No 1017/94 of 26 April 1994 concerning the conversion of land currently under arable crops to extensive livestock farming in Portugal(5), as last amended by Regulation (EC) No 2582/2001(6), applications have been submitted for conversion of an area equivalent to 29575 hectares. The base area should therefore be adjusted accordingly.
(3) In response to applications by Belgium, new base areas should be fixed in accordance with the regionalisation plan of the Member State concerned.
(4) The Member States have notified the results of the tests to determine the tetrahydrocannabinol levels in the hemp varieties sown in 2002. Those results should be taken into account when drawing up the list of hemp varieties qualifying for area payments in the coming marketing years and the list of varieties temporarily accepted for 2003/04, which will require further testing during that marketing year.
(5) Regulation (EC) No 2316/1999 should therefore be amended accordingly.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2316/1999 is hereby amended as follows:
1. in Annex VI, the details given under the headings "Belgium" and "Portugal" are replaced by the details given in Annex I hereto;
2. Annex XII is replaced by Annex II hereto.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
It shall apply from the 2003/2004 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 February 2003. | [
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*****
COMMISSION REGULATION (EEC) No 3548/84
of 17 December 1984
laying down certain provisions for the application of Regulation (EEC) No 2763/83 on arrangements permitting goods to be processed under customs control before being put into free circulation
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2763/83 of 26 September 1983 on arrangements permitting goods to be processed under customs control before being put into free circulation (1), and in particular Article 15 thereof,
Whereas, in order to establish rules on the procedure for placing goods under the arrangements for processing under customs control, it is appropriate to base such rules on those already existing for other customs arrangements, with changes to take account of particular aspects of the arrangements for processing under customs control;
Whereas it is appropriate to provide for certain reliefs from the procedure concerning the issue of the authorization and the declaration for placing goods under the arrangements;
Whereas the customs value of the processed products must be determined taking into account the object of the arrangements, which is to draw activities to the Community, and the necessity to guarantee the protection of Community producers provided by the Common Customs Tariff;
Whereas, furthermore, in order to ensure the abovementioned objective of the arrangements, it is necessary to provide for the non-application of special measures of commercial policy for goods in the unaltered state if such measures are not provided for in regard to the processed products;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee for Customs Processing Arrangements,
HAS ADOPTED THIS REGULATION:
TITLE I
The placing of goods under the arrangements
Article 1
The placing of goods under the arrangements for processing under customs control, hereinafter referred to as the 'arrangements', shall be subject to the lodging at a competent customs office, under the conditions established by this Regulation, of a declaration for placing goods under the arrangements for processing under customs control, hereinafter referred to as the 'declaration'.
The person making the declaration is hereinafter referred to as the 'declarant'.
Article 2
1. The declaration shall be made in writing on a form in accordance with the official model established by the customs authority.
2. The declaration shall be signed and shall contain particulars of the authorization and the information necessary for the identification of the goods, for the application of any provisions governing the placing of the goods under the arrangements and for the imposition, where appropriate, of import duties.
It shall include the following particulars:
(a) the name or style and address of the declarant;
(b) where the declarant is not himself the holder of the authorization, the name or style and address of the said holder; where the person carrying out the processing is not one of the aforementioned persons, the name or style and address of the processor;
(c) the commercial description of the goods;
(d) the Common Customs Tariff nomenclature heading or subheading of the goods and a description of the said goods in conformity with the terms of that nomenclature or in terms that are sufficiently precise to enable the customs authority to determine forthwith and unambiguously that they correspond to the tariff heading or subheading declared;
(e) the nature of the processing;
(f) the commercial description of the processed products to be obtained;
(g) the rate of yield provided for or, where appropriate, the method for establishing the said rate of yield;
(h) the period of time within which the goods placed under the arrangements must be dealt with in one of the ways provided for in Article 10 of Regulation (EEC) No 2763/83, hereinafter referred to as the 'basic Regulation';
(i) the place where the processing is to be carried out;
(j) the number, kind, marks and serial numbers of the packages containing the goods, or, in the case of unpackaged goods, the number of items covered by the declaration or, where appropriate, the words 'in bulk', and such description of the unpackaged goods as is necessary for their identification;
(k) in the case of goods declared for the arrangements by means of a summary declaration as provided for in Article 3 of Council Directive 68/312/EEC (1), a reference to the said summary declaration, unless the customs authority itself undertakes to indicate this information;
(l) in the case of goods entered for the arrangements for which no summary declaration as provided for under point (k) has been made:
- where the goods have not been previously placed under another customs procedure, the information necessary for the identification of the means of transport used to bring the goods to the customs office;
- where the goods have been placed under another customs procedure, the information necessary for the discharge of this procedure,
- where the goods have been placed in free zones, where appropriate, the information necessary for the identification of the means of transport used to bring the goods to the customs office;
(m) particulars of the quantities of the goods;
(n) in the case of goods liable to ad valorem duties, their customs value as determined in accordance with Council Regulation (EEC) No 1224/80 (2);
(o) in the case of goods liable to specific duties, any additional specifications of quantity which may be necessary for the application of those duties;
(p) in the case of goods liable to ad valorem duties with a minimum rate based on specific particulars, all the information referred to in points (n) and (o);
(q) the country of consignment of the goods, within the meaning of Article 10 of Council Regulation (EEC) No 1736/75 (3), and their country of origin within the meaning of Council Regulation (EEC) No 802/68 (4) or, as regards goods qualifying for preferential treatment by virtue of their origin, within the meaning of Community or conventional provisions allowing this preferential treatment;
3. The particulars specified in paragraph 2 (c), (e), (f), (g), (h) and (i) need not be given where they are contained in the authorization.
4. Provided the proper conduct of operations is not affected, the customs authority may, subject to conditions that it shall establish, authorize the declarant to furnish or to insert at a later date certain particulars of the declaration in the form of supplementary declarations of a general, periodic or recapitulative nature. Statements made in supplementary declarations shall be deemed, in conjunction with the statements in the declarations to which they relate, to constitute a single, indivisible instrument taking effect at the date on which the initial declaration was accepted.
Article 3
The provision of Article 4 (3) to (5) and of Articles 5 to 10 of Commission Regulation (EEC) No 1751/84 (5) shall apply mutatis mutandis.
Article 4
The customs authority may allow the lodging of the declaration also to be considered an application under Article 3 (2) of the basic Regulation. In that case, the authorization for processing under customs control shall be given by means of the acceptance of the declaration and the said acceptance shall be subject to the conditions for granting the authorization.
TITLE II
Operation and discharge of the arrangements
Article 5
Processing shall be carried out in accordance with the conditions laid down by the customs authority.
Article 6
Discharge of the arrangements shall be based either on the quantities of imported goods corresponding, according to the rate of yield, to the processed products or on the quantity of goods in the unaltered state which have been dealt with in one of the ways provided for in Article 10 of the basic Regulation.
Article 7
When the processed products are released for free circulation, their customs value shall be one of the following, at the option of the interested party, such option being exercised at the time of acceptance of the entry for release for free circulation:
- the customs value, determined at or about the same time, of identical or similar goods produced in any third country, or
- the selling price of the products, provided it is not influenced by a relationship between buyer and seller, or
- the selling price in the Community of identical or similar goods, provided it is not influenced by a relationship between buyer and seller, or
- the customs value of the imported goods plus the costs of the processing.
Article 8
1. When, at the time when they were placed under the arrangements, the imported goods fulfilled the conditions entitling them to preferential tariff treatment, the processed products may be charged at a rate of duty equivalent to the preferential rate of duty which would have applied to identical products under the preferential arrangements concerned, provided that:
(a) the document entitling the imported goods to the said preferential treatment is produced;
(b) at the time of acceptance by the customs authority of the entry for release for free circulation of the processed products, the preferential tariff treatment in question is applicable to products identical to the processed products.
2. If the preferential arrangements provided for in paragraph 1 for the imported goods are granted with reference to tariff quotas or to tariff ceilings, the granting of the rate referred to in paragraph 1 for the processed products shall also be subject to the condition that the preferential arrangements should be applicable to imported goods at the date of acceptance by the customs authority of the entry for release for free circulation. In this case, the quantity of imported goods actually used in manufacture of the processed products released for free circulation shall be charged against the tariff quotas or ceilings in force at the time of acceptance of the entry for release for free circulation.
Article 9
1. When, at the time of acceptance of the entry for release for free circulation, specific measures of commercial policy are provided for in respect of the goods in the unaltered state, the release for free circulation of the processed products shall not be subject to the application of these measures unless such measures are also provided for with regard to products identical to the processed products.
In this case, these measures must be applied to the quantity of goods in the unaltered state actually used in the manufacture of the processed products which have been put into free circulation.
2. 'Specific measures of commercial policy' means non-tariff measures established in the framework of the common commercial policy by Community provisions regarding arrangements applicable to the importation of goods, such as protective measures, quantitative restrictions or limits and import prohibitions.
TITLE III
Communication of information and its examination by the Committee
Article 10
1. The Member States shall communicate the following information to the Commission:
(a) for each authorization where the value of the goods to be imported for any given operator and for any calendar year exceeds 100 000 ECU, the particulars provided for in Annex I;
(b) for each application for authorization rejected because the economic conditions provided for under Article 4 (g) of the basic Regulation are not deemed to have been fulfilled, the particulars provided for in Annex II.
2. The information in question shall be communicated before the end of the month following the calendar month in which the authorization was issued or the application for authorization rejected.
3. The information shall be circulated by the Commission to the other Member States. Should it give rise to comment by a Member State or by the chairman of the Committee referred to in Article 14 of the basic Regulation it shall be examined by the said Committee.
Article 11
This Regulation shall enter into force on 1 January 1985. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 December 1984. | [
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COUNCIL REGULATION (EC) No 2252/2004
of 13 December 2004
on standards for security features and biometrics in passports and travel documents issued by Member States
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(a) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas:
(1)
The European Council of Thessaloniki, on 19 and 20 June 2003, confirmed that a coherent approach is needed in the European Union on biometric identifiers or biometric data for documents for third country nationals, European Union citizens’ passports and information systems (VIS and SIS II).
(2)
Minimum security standards for passports were introduced by a Resolution of the representatives of the Governments of the Member States, meeting within the Council, on 17 October 2000 (3). It is now appropriate to upgrade this Resolution by a Community measure in order to achieve enhanced harmonised security standards for passports and travel documents to protect against falsification. At the same time biometric identifiers should be integrated in the passport or travel document in order to establish a reliable link between the genuine holder and the document.
(3)
The harmonisation of security features and the integration of biometric identifiers is an important step towards the use of new elements in the perspective of future developments at European level, which render the travel document more secure and establish a more reliable link between the holder and the passport and the travel document as an important contribution to ensuring that it is protected against fraudulent use. The specifications of the International Civil Aviation Organisation (ICAO), and in particular those set out in Document 9303 on machine readable travel documents, should be taken into account.
(4)
This Regulation is limited to the harmonisation of the security features including biometric identifiers for the passports and travel documents of the Member States. The designation of the authorities and bodies authorised to have access to the data contained in the storage medium of documents is a matter of national legislation, subject to any relevant provisions of Community law, European Union law or international agreements.
(5)
This Regulation should lay down only such specifications that are not secret. These specifications need to be supplemented by specifications which may remain secret in order to prevent the risk of counterfeiting and falsifications. Such additional technical specifications should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).
(6)
The Commission should be assisted by the Committee established by Article 6 of Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (5).
(7)
In order to ensure that the information referred to is not made available to more persons than necessary, it is also essential that each Member State should designate not more than one body having responsibility for producing passports and travel documents, with Member States remaining free to change the body, if need be. For security reasons, each Member State should communicate the name of the competent body to the Commission and the other Member States.
(8)
With regard to the personal data to be processed in the context of passports and travel documents, Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (6) applies. It should be ensured that no further information shall be stored in the passport unless provided for in this Regulation, its annex or unless it is mentioned in the relevant travel document.
(9)
In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of introducing common security standards and interoperable biometric identifiers to lay down rules for all Member States giving effect to the Convention implementing the Schengen Agreement of 14 June 1985 (7). This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty.
(10)
In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark will, in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Regulation whether it will implement it in its national law.
(11)
This Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (8). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.
(12)
This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (9). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.
(13)
As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (10) which fall within the area referred to in Article 1(B) of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement (11).
(14)
As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis (12), which fall in the area referred to in Article 1(B) of Decision 1999/437/EC read in conjunction with Article 4(1) of the Council Decisions of 25 October 2004 on the signing on behalf of the European Union, and on the signing on behalf of the European Community, and on the provisional application of certain provisions of that Agreement (13),
HAS ADOPTED THIS REGULATION:
Article 1
1. Passports and travel documents issued by Member States shall comply with the minimum security standards set out in the Annex.
2. Passports and travel documents shall include a storage medium which shall contain a facial image. Member States shall also include fingerprints in interoperable formats. The data shall be secured and the storage medium shall have sufficient capacity and capability to guarantee the integrity, the authenticity and the confidentiality of the data.
3. This Regulation applies to passports and travel documents issued by Member States. It does not apply to identity cards issued by Member States to their nationals or to temporary passports and travel documents having a validity of 12 months or less.
Article 2
Additional technical specifications for passports and travel documents relating to the following shall be established in accordance with the procedure referred to in Article 5(2):
(a)
additional security features and requirements including enhanced anti-forgery, counterfeiting and falsification standards;
(b)
technical specifications for the storage medium of the biometric features and their security, including prevention of unauthorised access;
(c)
requirements for quality and common standards for the facial image and the fingerprints.
Article 3
1. In accordance with the procedure referred to in Article 5(2) it may be decided that the specifications referred to in Article 2 shall be secret and not be published. In that case, they shall be made available only to the bodies designated by the Member States as responsible for printing and to persons duly authorised by a Member State or the Commission.
2. Each Member State shall designate one body having responsibility for printing passports and travel documents. It shall communicate the name of that body to the Commission and the other Member States. The same body may be designated by two or more Member States. Each Member State shall be entitled to change its designated body. It shall inform the Commission and the other Member States accordingly.
Article 4
1. Without prejudice to data protection rules, persons to whom a passport or travel document is issued shall have the right to verify the personal data contained in the passport or travel document and, where appropriate, to ask for rectification or erasure.
2. No information in machine-readable form shall be included in a passport or travel document unless provided for in this Regulation, or its Annex, or unless it is mentioned in the passport or travel document by the issuing Member State in accordance with its national legislation.
3. For the purpose of this Regulation, the biometric features in passports and travel documents shall only be used for verifying:
(a)
the authenticity of the document;
(b)
the identity of the holder by means of directly available comparable features when the passport or other travel documents are required to be produced by law.
Article 5
1. The Commission shall be assisted by the Committee set up by Article 6(2) of Regulation (EC) No 1683/95.
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.
3. The Committee shall adopt its rules of procedure.
Article 6
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Member States shall apply this Regulation:
(a)
as regards the facial image: at the latest 18 months
(b)
as regards fingerprints: at the latest 36 months
following the adoption of the measures referred to in Article 2. However, the validity of passports and travel documents already issued shall not be affected.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.
Done at Brussels, 13 December 2004. | [
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*****
COMMISSION REGULATION (EEC) No 1763/89
of 20 June 1989
amending Regulation (EEC) No 548/86 as regards the payment of accession compensatory amounts
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 467/86 of 25 February 1986 laying down general rules for the system of accession compensatory amounts for cereals on account of the accession of Spain (1), and in particular Article 8 thereof, and to the corresponding provisions of the other Regulations laying down general rules for the system of accession compensatory amounts applicable to agricultural products,
Whereas Article 9 (2) of Commission Regulation (EEC) No 548/86 of 27 February 1986 laying down detailed rules for the application of accession compensatory amounts (2), as last amended by Regulation (EEC) No 3494/88 (3), provides that, except in case of force majeure, no claim for payment will be entertained unless the relevant documents are submitted within 12 months following the date on which the customs authorities accepted the export declaration; whereas it seems justified to make this provision more flexible by aligning it with provisions governing the payment of refunds contained in Article 48 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 (4), as last amended by Regulation (EEC) No 3983/88 (5);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the relevant management committees,
HAS ADOPTED THIS REGULATION:
Article 1
Article 9 (2) of Regulation (EEC) No 548/86 is hereby replaced by the following:
'2. Except in cases of force majeure, the claim for payment of accession compensatory amounts or for the release of the security shall be lodged within 12 months following the date of acceptance of the export declaration.
Where proof that all the requirements laid down by the Community rules have been complied with is produced within six months of expiry of the period referred to in the first subparagraph, the accession compensatory amount shall be 85 % of the amount which would have been paid if all the requirements had been complied with.
Where the accession compensatory amount has been advanced in accordance with Article 8 (1) and proof that all the requirements laid down by Community rules have been complied with is produced within six months of expiry of the period referred to in the first subparagraph, the amount to be reimbursed shall be 85 % of the amount of the security.'
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
Is shall apply also, on request of the interested parties, to transactions carried out since 1 March 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 June 1989. | [
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COUNCIL REGULATION (EEC) No 1907/91 of 17 June 1991 on the application of Decision No 8/91 of the ACP-EEC Council of Ministers extending Decision No 2/90 on transitional measures to be applied from 1 March 1990
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 and 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas the Third ACP-EEC Convention signed at Lomé on 8 December 1984 expired on 28 February 1990;
Whereas the Fourth ACP-EEC Convention signed at Lomé on 15 December 1989 has not yet entered into force;
Whereas Decision No 2/90 is valid only until 28 February 1991 and the extension thereof, accorded by Decision No 1/91, will expire on 30 June 1991;
Whereas Decision No 8/91 extended that validity until the entry into force of the Fourth ACP-EEC Convention or 30 September 1991, whichever is the earlier;
Whereas it is necessary to take the measures to implement that Decision,
HAS ADOPTED THIS REGULATION:
Article 1
Decision No 8/91 of the ACP-EEC Council of Ministers extending Decision No 2/90 on transitional measures to be applied from 1 March 1990 shall be applicable in the Community from 1 July 1991 until the entry into force of the Fourth ACP-EEC Convention or until 30 September 1991, whichever is the earlier, without prejudice to more favourable arrangements for imports of ACP products to be adopted autonomously by the Community.
The text of the Decision is attached to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 July 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 17 June 1991. | [
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Commission Regulation (EC) No 1656/2001
of 14 August 2001
fixing the import duties in the cereals sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2),
Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector(3), as last amended by Regulation (EC) No 2235/2000(4), and in particular Article 2(1) thereof,
Whereas:
(1) Article 10 of Regulation (EEC) No 1766/92 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.
(2) Pursuant to Article 10(3) of Regulation (EEC) No 1766/92, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market.
(3) Regulation (EC) No 1249/96 lays down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector.
(4) The import duties are applicable until new duties are fixed and enter into force. They also remain in force in cases where no quotation is available for the reference exchange referred to in Annex II to Regulation (EC) No 1249/96 during the two weeks preceding the next periodical fixing.
(5) In order to allow the import duty system to function normally, the representative market rates recorded during a reference period should be used for calculating the duties.
(6) Application of Regulation (EC) No 1249/96 results in import duties being fixed as set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The import duties in the cereals sector referred to in Article 10(2) of Regulation (EEC) No 1766/92 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II.
Article 2
This Regulation shall enter into force on 16 August 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 August 2001. | [
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COUNCIL REGULATION (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 94 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),
(1) Whereas, without prejudice to special procedural rules laid down in regulations for certain sectors, this Regulation should apply to aid in all sectors; whereas, for the purpose of applying Articles 77 and 92 of the Treaty, the Commission has specific competence under Article 93 thereof to decide on the compatibility of State aid with the common market when reviewing existing aid, when taking decisions on new or altered aid and when taking action regarding non-compliance with its decisions or with the requirement as to notification;
(2) Whereas the Commission, in accordance with the case-law of the Court of Justice of the European Communities, has developed and established a consistent practice for the application of Article 93 of the Treaty and has laid down certain procedural rules and principles in a number of communications; whereas it is appropriate, with a view to ensuring effective and efficient procedures pursuant to Article 93 of the Treaty, to codify and reinforce this practice by means of a regulation;
(3) Whereas a procedural regulation on the application of Article 93 of the Treaty will increase transparency and legal certainty;
(4) Whereas, in order to ensure legal certainty, it is appropriate to define the circumstances under which aid is to be considered as existing aid; whereas the completion and enhancement of the internal market is a gradual process, reflected in the permanent development of State aid policy; whereas, following these developments, certain measures, which at the moment they were put into effect did not constitute State aid, may since have become aid;
(5) Whereas, in accordance with Article 93(3) of the Treaty, any plans to grant new aid are to be notified to the Commission and should not be put into effect before the Commission has authorised it;
(6) Whereas, in accordance with Article 5 of the Treaty, Member States are under an obligation to cooperate with the Commission and to provide it with all information required to allow the Commission to carry out its duties under this Regulation;
(7) Whereas the period within which the Commission is to conclude the preliminary examination of notified aid should be set at two months from the receipt of a complete notification or from the receipt of a duly reasoned statement of the Member State concerned that it considers the notification to be complete because the additional information requested by the Commission is not available or has already been provided; whereas, for reasons of legal certainty, that examination should be brought to an end by a decision;
(8) Whereas in all cases where, as a result of the preliminary examination, the Commission cannot find that the aid is compatible with the common market, the formal investigation procedure should be opened in order to enable the Commission to gather all the information it needs to assess the compatibility of the aid and to allow the interested parties to submit their comments; whereas the rights of the interested parties can best be safeguarded within the framework of the formal investigation procedure provided for under Article 93(2) of the Treaty;
(9) Whereas, after having considered the comments submitted by the interested parties, the Commission should conclude its examination by means of a final decision as soon as the doubts have been removed; whereas it is appropriate, should this examination not be concluded after a period of 18 months from the opening of the procedure, that the Member State concerned has the opportunity to request a decision, which the Commission should take within two months;
(10) Whereas, in order to ensure that the State aid rules are applied correctly and effectively, the Commission should have the opportunity of revoking a decision which was based on incorrect information;
(11) Whereas, in order to ensure compliance with Article 93 of the Treaty, and in particular with the notification obligation and the standstill clause in Article 93(3), the Commission should examine all cases of unlawful aid; whereas, in the interests of transparency and legal certainty, the procedures to be followed in such cases should be laid down; whereas when a Member State has not respected the notification obligation or the standstill clause, the Commission should not be bound by time limits;
(12) Whereas in cases of unlawful aid, the Commission should have the right to obtain all necessary information enabling it to take a decision and to restore immediately, where appropriate, undistorted competition; whereas it is therefore appropriate to enable the Commission to adopt interim measures addressed to the Member State concerned; whereas the interim measures may take the form of information injunctions, suspension injunctions and recovery injunctions; whereas the Commission should be enabled in the event of non-compliance with an information injunction, to decide on the basis of the information available and, in the event of non-compliance with suspension and recovery injunctions, to refer the matter to the Court of Justice direct, in accordance with the second subparagraph of Article 93(2) of the Treaty;
(13) Whereas in cases of unlawful aid which is not compatible with the common market, effective competition should be restored; whereas for this purpose it is necessary that the aid, including interest, be recovered without delay; whereas it is appropriate that recovery be effected in accordance with the procedures of national law; whereas the application of those procedures should not, by preventing the immediate and effective execution of the Commission decision, impede the restoration of effective competition; whereas to achieve this result, Member States should take all necessary measures ensuring the effectiveness of the Commission decision;
(14) Whereas for reasons of legal certainty it is appropriate to establish a period of limitation of 10 years with regard to unlawful aid, after the expiry of which no recovery can be ordered;
(15) Whereas misuse of aid may have effects on the functioning of the internal market which are similar to those of unlawful aid and should thus be treated according to similar procedures; whereas unlike unlawful aid, aid which has possibly been misused is aid which has been previously approved by the Commission; whereas therefore the Commission should not be allowed to use a recovery injunction with regard to misuse of aid;
(16) Whereas it is appropriate to define all the possibilities in which third parties have to defend their interests in State aid procedures;
(17) Whereas in accordance with Article 93(1) of the Treaty, the Commission is under an obligation, in cooperation with Member States, to keep under constant review all systems of existing aid; whereas in the interests of transparency and legal certainty, it is appropriate to specify the scope of cooperation under that Article;
(18) Whereas, in order to ensure compatibility of existing aid schemes with the common market and in accordance with Article 93(1) of the Treaty, the Commission should propose appropriate measures where an existing aid scheme is not, or is no longer, compatible with the common market and should initiate the procedure provided for in Article 93(2) of the Treaty if the Member State concerned declines to implement the proposed measures;
(19) Whereas, in order to allow the Commission to monitor effectively compliance with Commission decisions and to facilitate cooperation between the Commission and Member States for the purpose of the constant review of all existing aid schemes in the Member States in accordance with Article 93(1) of the Treaty, it is necessary to introduce a general reporting obligation with regard to all existing aid schemes;
(20) Whereas, where the Commission has serious doubts as to whether its decisions are being complied with, it should have at its disposal additional instruments allowing it to obtain the information necessary to verify that its decisions are being effectively complied with; whereas for this purpose on-site monitoring visits are an appropriate and useful instrument, in particular for cases where aid might have been misused; whereas therefore the Commission must be empowered to undertake on-site monitoring visits and must obtain the cooperation of the competent authorities of the Member States where an undertaking opposes such a visit;
(21) Whereas, in the interests of transparency and legal certainty, it is appropriate to give public information on Commission decisions while, at the same time, maintaining the principle that decisions in State aid cases are addressed to the Member State concerned; whereas it is therefore appropriate to publish all decisions which might affect the interests of interested parties either in full or in a summary form or to make copies of such decisions available to interested parties, where they have not been published or where they have not been published in full; whereas the Commission, when giving public information on its decisions, should respect the rules on professional secrecy, in accordance with Article 214 of the Treaty;
(22) Whereas the Commission, in close liaison with the Member States, should be able to adopt implementing provisions laying down detailed rules concerning the procedures under this Regulation; whereas, in order to provide for cooperation between the Commission and the competent authorities of the Member States, it is appropriate to create an Advisory Committee on State aid to be consulted before the Commission adopts provisions pursuant to this Regulation,
HAS ADOPTED THIS REGULATION:
CHAPTER I
GENERAL
Article 1
Definitions
For the purpose of this Regulation:
(a) 'aid` shall mean any measure fulfilling all the criteria laid down in Article 92(1) of the Treaty;
(b) 'existing aid` shall mean:
(i) without prejudice to Articles 144 and 172 of the Act of Accession of Austria, Finland and Sweden, all aid which existed prior to the entry into force of the Treaty in the respective Member States, that is to say, aid schemes and individual aid which were put into effect before, and are still applicable after, the entry into force of the Treaty;
(ii) authorised aid, that is to say, aid schemes and individual aid which have been authorised by the Commission or by the Council;
(iii) aid which is deemed to have been authorised pursuant to Article 4(6) of this Regulation or prior to this Regulation but in accordance with this procedure;
(iv) aid which is deemed to be existing aid pursuant to Article 15;
(v) aid which is deemed to be an existing aid because it can be established that at the time it was put into effect it did not constitute an aid, and subsequently became an aid due to the evolution of the common market and without having been altered by the Member State. Where certain measures become aid following the liberalisation of an activity by Community law, such measures shall not be considered as existing aid after the date fixed for liberalisation;
(c) 'new aid` shall mean all aid, that is to say, aid schemes and individual aid, which is not existing aid, including alterations to existing aid;
(d) 'aid scheme` shall mean any act on the basis of which, without further implementing measures being required, individual aid awards may be made to undertakings defined within the act in a general and abstract manner and any act on the basis of which aid which is not linked to a specific project may be awarded to one or several undertakings for an indefinite period of time and/or for an indefinite amount;
(e) 'individual aid` shall mean aid that is not awarded on the basis of an aid scheme and notifiable awards of aid on the basis of an aid scheme;
(f) 'unlawful aid` shall mean new aid put into effect in contravention of Article 93(3) of the Treaty;
(g) 'misuse of aid` shall mean aid used by the beneficiary in contravention of a decision taken pursuant to Article 4(3) or Article 7(3) or (4) of this Regulation;
(h) 'interested party` shall mean any Member State and any person, undertaking or association of undertakings whose interests might be affected by the granting of aid, in particular the beneficiary of the aid, competing undertakings and trade associations.
CHAPTER II
PROCEDURE REGARDING NOTIFIED AID
Article 2
Notification of new aid
1. Save as otherwise provided in regulations made pursuant to Article 94 of the Treaty or to other relevant provisions thereof, any plans to grant new aid shall be notified to the Commission in sufficient time by the Member State concerned. The Commission shall inform the Member State concerned without delay of the receipt of a notification.
2. In a notification, the Member State concerned shall provide all necessary information in order to enable the Commission to take a decision pursuant to Articles 4 and 7 (hereinafter referred to as 'complete notification`).
Article 3
Standstill clause
Aid notifiable pursuant to Article 2(1) shall not be put into effect before the Commission has taken, or is deemed to have taken, a decision authorising such aid.
Article 4
Preliminary examination of the notification and decisions of the Commission
1. The Commission shall examine the notification as soon as it is received. Without prejudice to Article 8, the Commission shall take a decision pursuant to paragraphs 2, 3 or 4.
2. Where the Commission, after a preliminary examination, finds that the notified measure does not constitute aid, it shall record that finding by way of a decision.
3. Where the Commission, after a preliminary examination, finds that no doubts are raised as to the compatibility with the common market of a notified measure, in so far as it falls within the scope of Article 92(1) of the Treaty, it shall decide that the measure is compatible with the common market (hereinafter referred to as a 'decision not to raise objections`). The decision shall specify which exception under the Treaty has been applied.
4. Where the Commission, after a preliminary examination, finds that doubts are raised as to the compatibility with the common market of a notified measure, it shall decide to initiate proceedings pursuant to Article 93(2) of the Treaty (hereinafter referred to as a 'decision to initiate the formal investigation procedure`).
5. The decisions referred to in paragraphs 2, 3 and 4 shall be taken within two months. That period shall begin on the day following the receipt of a complete notification. The notification will be considered as complete if, within two months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information. The period can be extended with the consent of both the Commission and the Member State concerned. Where appropriate, the Commission may fix shorter time limits.
6. Where the Commission has not taken a decision in accordance with paragraphs 2, 3 or 4 within the period laid down in paragraph 5, the aid shall be deemed to have been authorised by the Commission. The Member State concerned may thereupon implement the measures in question after giving the Commission prior notice thereof, unless the Commission takes a decision pursuant to this Article within a period of 15 working days following receipt of the notice.
Article 5
Request for information
1. Where the Commission considers that information provided by the Member State concerned with regard to a measure notified pursuant to Article 2 is incomplete, it shall request all necessary additional information. Where a Member State responds to such a request, the Commission shall inform the Member State of the receipt of the response.
2. Where the Member State concerned does not provide the information requested within the period prescribed by the Commission or provides incomplete information, the Commission shall send a reminder, allowing an appropriate additional period within which the information shall be provided.
3. The notification shall be deemed to be withdrawn if the requested information is not provided within the prescribed period, unless before the expiry of that period, either the period has been extended with the consent of both the Commission and the Member State concerned, or the Member State concerned, in a duly reasoned statement, informs the Commission that it considers the notification to be complete because the additional information requested is not available or has already been provided. In that case, the period referred to in Article 4(5) shall begin on the day following receipt of the statement. If the notification is deemed to be withdrawn, the Commission shall inform the Member State thereof.
Article 6
Formal investigation procedure
1. The decision to initiate the formal investigation procedure shall summarise the relevant issues of fact and law, shall include a preliminary assessment of the Commission as to the aid character of the proposed measure and shall set out the doubts as to its compatibility with the common market. The decision shall call upon the Member State concerned and upon other interested parties to submit comments within a prescribed period which shall normally not exceed one month. In duly justified cases, the Commission may extend the prescribed period.
2. The comments received shall be submitted to the Member State concerned. If an interested party so requests, on grounds of potential damage, its identity shall be withheld from the Member State concerned. The Member State concerned may reply to the comments submitted within a prescribed period which shall normally not exceed one month. In duly justified cases, the Commission may extend the prescribed period.
Article 7
Decisions of the Commission to close the formal investigation procedure
1. Without prejudice to Article 8, the formal investigation procedure shall be closed by means of a decision as provided for in paragraphs 2 to 5 of this Article.
2. Where the Commission finds that, where appropriate following modification by the Member State concerned, the notified measure does not constitute aid, it shall record that finding by way of a decision.
3. Where the Commission finds that, where appropriate following modification by the Member State concerned, the doubts as to the compatibility of the notified measure with the common market have been removed, it shall decide that the aid is compatible with the common market (hereinafter referred to as a 'positive decision`). That decision shall specify which exception under the Treaty has been applied.
4. The Commission may attach to a positive decision conditions subject to which an aid may be considered compatible with the common market and may lay down obligations to enable compliance with the decision to be monitored (hereinafter referred to as a 'conditional decision`).
5. Where the Commission finds that the notified aid is not compatible with the common market, it shall decide that the aid shall not be put into effect (hereinafter referred to as a 'negative decision`).
6. Decisions taken pursuant to paragraphs 2, 3, 4 and 5 shall be taken as soon as the doubts referred to in Article 4(4) have been removed. The Commission shall as far as possible endeavour to adopt a decision within a period of 18 months from the opening of the procedure. This time limit may be extended by common agreement between the Commission and the Member State concerned.
7. Once the time limit referred to in paragraph 6 has expired, and should the Member State concerned so request, the Commission shall, within two months, take a decision on the basis of the information available to it. If appropriate, where the information provided is not sufficient to establish compatibility, the Commission shall take a negative decision.
Article 8
Withdrawal of notification
1. The Member State concerned may withdraw the notification within the meaning of Article 2 in due time before the Commission has taken a decision pursuant to Article 4 or 7.
2. In cases where the Commission initiated the formal investigation procedure, the Commission shall close that procedure.
Article 9
Revocation of a decision
The Commission may revoke a decision taken pursuant to Article 4(2) or (3), or Article 7(2), (3), (4), after having given the Member State concerned the opportunity to submit its comments, where the decision was based on incorrect information provided during the procedure which was a determining factor for the decision. Before revoking a decision and taking a new decision, the Commission shall open the formal investigation procedure pursuant to Article 4(4). Articles 6, 7 and 10, Article 11(1), Articles 13, 14 and 15 shall apply mutatis mutandis.
CHAPTER III
PROCEDURE REGARDING UNLAWFUL AID
Article 10
Examination, request for information and information injunction
1. Where the Commission has in its possession information from whatever source regarding alleged unlawful aid, it shall examine that information without delay.
2. If necessary, it shall request information from the Member State concerned. Article 2(2) and Article 5(1) and (2) shall apply mutatis mutandis.
3. Where, despite a reminder pursuant to Article 5(2), the Member State concerned does not provide the information requested within the period prescribed by the Commission, or where it provides incomplete information, the Commission shall by decision require the information to be provided (hereinafter referred to as an 'information injunction`). The decision shall specify what information is required and prescribe an appropriate period within which it is to be supplied.
Article 11
Injunction to suspend or provisionally recover aid
1. The Commission may, after giving the Member State concerned the opportunity to submit its comments, adopt a decision requiring the Member State to suspend any unlawful aid until the Commission has taken a decision on the compatibility of the aid with the common market (hereinafter referred to as a 'suspension injunction`).
2. The Commission may, after giving the Member State concerned the opportunity to submit its comments, adopt a decision requiring the Member State provisionally to recover any unlawful aid until the Commission has taken a decision on the compatibility of the aid with the common market (hereinafter referred to as a 'recovery injunction`), if the following criteria are fulfilled:
- according to an established practice there are no doubts about the aid character of the measure concerned
and
- there is an urgency to act
and
- there is a serious risk of substantial and irreparable damage to a competitor.
Recovery shall be effected in accordance with the procedure set out in Article 14(2) and (3). After the aid has been effectively recovered, the Commission shall take a decision within the time limits applicable to notified aid.
The Commission may authorise the Member State to couple the refunding of the aid with the payment of rescue aid to the firm concerned.
The provisions of this paragraph shall be applicable only to unlawful aid implemented after the entry into force of this Regulation.
Article 12
Non-compliance with an injunction decision
If the Member State fails to comply with a suspension injunction or a recovery injunction, the Commission shall be entitled, while carrying out the examination on the substance of the matter on the basis of the information available, to refer the matter to the Court of Justice of the European Communities direct and apply for a declaration that the failure to comply constitutes an infringement of the Treaty.
Article 13
Decisions of the Commission
1. The examination of possible unlawful aid shall result in a decision pursuant to Article 4(2), (3) or (4). In the case of decisions to initiate the formal investigation procedure, proceedings shall be closed by means of a decision pursuant to Article 7. If a Member State fails to comply with an information injunction, that decision shall be taken on the basis of the information available.
2. In cases of possible unlawful aid and without prejudice to Article 11(2), the Commission shall not be bound by the time-limit set out in Articles 4(5), 7(6) and 7(7).
3. Article 9 shall apply mutatis mutandis.
Article 14
Recovery of aid
1. Where negative decisions are taken in cases of unlawful aid, the Commission shall decide that the Member State concerned shall take all necessary measures to recover the aid from the beneficiary (hereinafter referred to as a 'recovery decision`). The Commission shall not require recovery of the aid if this would be contrary to a general principle of Community law.
2. The aid to be recovered pursuant to a recovery decision shall include interest at an appropriate rate fixed by the Commission. Interest shall be payable from the date on which the unlawful aid was at the disposal of the beneficiary until the date of its recovery.
3. Without prejudice to any order of the Court of Justice of the European Communities pursuant to Article 185 of the Treaty, recovery shall be effected without delay and in accordance with the procedures under the national law of the Member State concerned, provided that they allow the immediate and effective execution of the Commission's decision. To this effect and in the event of a procedure before national courts, the Member States concerned shall take all necessary steps which are available in their respective legal systems, including provisional measures, without prejudice to Community law.
Article 15
Limitation period
1. The powers of the Commission to recover aid shall be subject to a limitation period of ten years.
2. The limitation period shall begin on the day on which the unlawful aid is awarded to the beneficiary either as individual aid or as aid under an aid scheme. Any action taken by the Commission or by a Member State, acting at the request of the Commission, with regard to the unlawful aid shall interrupt the limitation period. Each interruption shall start time running afresh. The limitation period shall be suspended for as long as the decision of the Commission is the subject of proceedings pending before the Court of Justice of the European Communities.
3. Any aid with regard to which the limitation period has expired, shall be deemed to be existing aid.
CHAPTER IV
PROCEDURE REGARDING MISUSE OF AID
Article 16
Misuse of aid
Without prejudice to Article 23, the Commission may in cases of misuse of aid open the formal investigation procedure pursuant to Article 4(4). Articles 6, 7, 9 and 10, Article 11(1), Articles 12, 13, 14 and 15 shall apply mutatis mutandis.
CHAPTER V
PROCEDURE REGARDING EXISTING AID SCHEMES
Article 17
Cooperation pursuant to Article 93(1) of the Treaty
1. The Commission shall obtain from the Member State concerned all necessary information for the review, in cooperation with the Member State, of existing aid schemes pursuant to Article 93(1) of the Treaty.
2. Where the Commission considers that an existing aid scheme is not, or is no longer, compatible with the common market, it shall inform the Member State concerned of its preliminary view and give the Member State concerned the opportunity to submit its comments within a period of one month. In duly justified cases, the Commission may extend this period.
Article 18
Proposal for appropriate measures
Where the Commission, in the light of the information submitted by the Member State pursuant to Article 17, concludes that the existing aid scheme is not, or is no longer, compatible with the common market, it shall issue a recommendation proposing appropriate measures to the Member State concerned. The recommendation may propose, in particular:
(a) substantive amendment of the aid scheme,
or
(b) introduction of procedural requirements,
or
(c) abolition of the aid scheme.
Article 19
Legal consequences of a proposal for appropriate measures
1. Where the Member State concerned accepts the proposed measures and informs the Commission thereof, the Commission shall record that finding and inform the Member State thereof. The Member State shall be bound by its acceptance to implement the appropriate measures.
2. Where the Member State concerned does not accept the proposed measures and the Commission, having taken into account the arguments of the Member State concerned, still considers that those measures are necessary, it shall initiate proceedings pursuant to Article 4(4). Articles 6, 7 and 9 shall apply mutatis mutandis.
CHAPTER VI
INTERESTED PARTIES
Article 20
Rights of interested parties
1. Any interested party may submit comments pursuant to Article 6 following a Commission decision to initiate the formal investigation procedure. Any interested party which has submitted such comments and any beneficiary of individual aid shall be sent a copy of the decision taken by the Commission pursuant to Article 7.
2. Any interested party may inform the Commission of any alleged unlawful aid and any alleged misuse of aid. Where the Commission considers that on the basis of the information in its possession there are insufficient grounds for taking a view on the case, it shall inform the interested party thereof. Where the Commission takes a decision on a case concerning the subject matter of the information supplied, it shall send a copy of that decision to the interested party.
3. At its request, any interested party shall obtain a copy of any decision pursuant to Articles 4 and 7, Article 10(3) and Article 11.
CHAPTER VII
MONITORING
Article 21
Annual reports
1. Member States shall submit to the Commission annual reports on all existing aid schemes with regard to which no specific reporting obligations have been imposed in a conditional decision pursuant to Article 7(4).
2. Where, despite a reminder, the Member State concerned fails to submit an annual report, the Commission may proceed in accordance with Article 18 with regard to the aid scheme concerned.
Article 22
On-site monitoring
1. Where the Commission has serious doubts as to whether decisions not to raise objections, positive decisions or conditional decisions with regard to individual aid are being complied with, the Member State concerned, after having been given the opportunity to submit its comments, shall allow the Commission to undertake on-site monitoring visits.
2. The officials authorised by the Commission shall be empowered, in order to verify compliance with the decision concerned:
(a) to enter any premises and land of the undertaking concerned;
(b) to ask for oral explanations on the spot;
(c) to examine books and other business records and take, or demand, copies.
The Commission may be assisted if necessary by independent experts.
3. The Commission shall inform the Member State concerned, in good time and in writing, of the on-site monitoring visit and of the identities of the authorised officials and experts. If the Member State has duly justified objections to the Commission's choice of experts, the experts shall be appointed in common agreement with the Member State. The officials of the Commission and the experts authorised to carry out the on-site monitoring shall produce an authorisation in writing specifying the subject-matter and purpose of the visit.
4. Officials authorised by the Member State in whose territory the monitoring visit is to be made may be present at the monitoring visit.
5. The Commission shall provide the Member State with a copy of any report produced as a result of the monitoring visit.
6. Where an undertaking opposes a monitoring visit ordered by a Commission decision pursuant to this Article, the Member State concerned shall afford the necessary assistance to the officials and experts authorised by the Commission to enable them to carry out the monitoring visit. To this end the Member States shall, after consulting the Commission, take the necessary measures within eighteen months after the entry into force of this Regulation.
Article 23
Non-compliance with decisions and judgments
1. Where the Member State concerned does not comply with conditional or negative decisions, in particular in cases referred to in Article 14, the Commission may refer the matter to the Court of Justice of the European Communities direct in accordance with Article 93(2) of the Treaty.
2. If the Commission considers that the Member State concerned has not complied with a judgment of the Court of Justice of the European Communities, the Commission may pursue the matter in accordance with Article 171 of the Treaty.
CHAPTER VIII
COMMON PROVISIONS
Article 24
Professional secrecy
The Commission and the Member States, their officials and other servants, including independent experts appointed by the Commission, shall not disclose information which they have acquired through the application of this Regulation and which is covered by the obligation of professional secrecy.
Article 25
Addressee of decisions
Decisions taken pursuant to Chapters II, III, IV, V and VII shall be addressed to the Member State concerned. The Commission shall notify them to the Member State concerned without delay and give the latter the opportunity to indicate the Commission which information it considers to be covered by the obligation of professional secrecy.
Article 26
Publication of decisions
1. The Commission shall publish in the Official Journal of the European Communities a summary notice of the decisions which it takes pursuant to Article 4(2) and (3) and Article 18 in conjunction with Article 19(1). The summary notice shall state that a copy of the decision may be obtained in the authentic language version or versions.
2. The Commission shall publish in the Official Journal of the European Communities the decisions which it takes pursuant to Article 4(4) in their authentic language version. In the Official Journal published in languages other than the authentic language version, the authentic language version will be accompanied by a meaningful summary in the language of that Official Journal.
3. The Commission shall publish in the Official Journal of the European Communities the decisions which it takes pursuant to Article 7.
4. In cases where Article 4(6) or Article 8(2) applies, a short notice shall be published in the Official Journal of the European Communities.
5. The Council, acting unanimously, may decide to publish decisions pursuant to the third subparagraph of Article 93(2) of the Treaty in the Official Journal of the European Communities.
Article 27
Implementing provisions
The Commission, acting in accordance with the procedure laid down in Article 29, shall have the power to adopt implementing provisions concerning the form, content and other details of notifications, the form, content and other details of annual reports, details of time-limits and the calculation of time-limits, and the interest rate referred to in Article 14(2).
Article 28
Advisory Committee on State aid
An Advisory Committee on State aid (hereinafter referred to as the 'Committee`) shall be set up. It shall be composed of representatives of the Member States and chaired by the representative of the Commission.
Article 29
Consultation of the Committee
1. The Commission shall consult the Committee before adopting any implementing provision pursuant to Article 27.
2. Consultation of the Committee shall take place at a meeting called by the Commission. The drafts and documents to be examined shall be annexed to the notification. The meeting shall take place no earlier than two months after notification has been sent. This period may be reduced in the case of urgency.
3. The Commission representative shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver an opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.
4. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes. The Committee may recommend the publication of this opinion in the Official Journal of the European Communities.
5. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee on the manner in which its opinion has been taken into account.
Article 30
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 March 1999. | [
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COMMISSION REGULATION (EC) No 153/98 of 22 January 1998 fixing the minimum selling prices for beef put up for sale under the invitation to tender referred to in Regulation (EC) No 2556/97
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organisation of the market in beef and veal (1), as last amended by Regulation (EC) No 2634/97 (2), and in particular Article 7(3) thereof,
Whereas tenders have been invited for certain quantities of beef fixed by Commission Regulation (EC) No 2556/97 (3);
Whereas, pursuant to Article 9 of Commission Regulation (EEC) No 2173/79 (4), as last amended by Regulation (EC) No 2417/95 (5), the minimum selling prices for meat put up for sale by tender should be fixed, taking into account tenders submitted;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
The minimum selling prices for beef for the invitation to tender held in accordance with Regulation (EC) No 2556/97 for which the time limit for the submission of tenders was 8 January 1998 are as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 January 1998. | [
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COMMISSION REGULATION (EC) No 1527/2005
of 20 September 2005
fixing the export refunds on pigmeat
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organisation of the market in pigmeat (1), and in particular the second paragraph of Article 13(3) thereof,
Whereas:
(1)
Article 13 of Regulation (EEC) No 2759/75 provides that the difference between prices on the world market for the products listed in Article 1(1) of that Regulation and prices for these products within the Community may be covered by an export refund.
(2)
It follows from applying these rules and criteria to the present situation on the market in pigmeat that the refund should be fixed as set out below.
(3)
In the case of products falling within CN code 0210 19 81, the refund should be limited to an amount which takes account of the qualitative characteristics of each of the products falling within these codes and of the foreseeable trend of production costs on the world market. It is important that the Community should continue to take part in international trade in the case of certain typical Italian products falling within CN code 0210 19 81.
(4)
Because of the conditions of competition in certain third countries, which are traditionally importers of products falling within CN codes 1601 00 and 1602, the refund for these products should be fixed so as to take this situation into account. Steps should be taken to ensure that the refund is granted only for the net weight of the edible substances, to the exclusion of the net weight of the bones possibly contained in the said preparations.
(5)
Article 13 of Regulation (EEC) No 2759/75 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund on the products listed in Article 1 of Regulation (EEC) No 2759/75 according to destination.
(6)
The refunds should be fixed taking account of the amendments to the refund nomenclature established by Commission Regulation (EEC) No 3846/87 (2).
(7)
Refunds should be granted only on products that are allowed to circulate freely within the Community. Therefore, to be eligible for a refund, products should be required to bear the health mark laid down in Council Directive 64/433/EEC (3), Council Directive 94/65/EC (4) and Council Directive 77/99/EEC (5).
(8)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
The list of products on which the export refund specified in Article 13 of Regulation (EEC) No 2759/75 is granted and the amount of the refund shall be as set out in the Annex hereto.
The products concerned must comply with the relevant provisions on health marks laid down in:
-
Chapter XI of Annex I to Directive 64/433/EEC,
-
Chapter VI of Annex I to Directive 94/65/EC,
-
Chapter VI of Annex B to Directive 77/99/EEC.
Article 2
This Regulation shall enter into force on 21 September 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 September 2005. | [
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COMMISSION DIRECTIVE 97/6/EC of 30 January 1997 amending Council Directive 70/524/EEC concerning additives in feedingstuffs (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Commission Directive 96/66/EC (2), and in particular Article 11 thereof,
Whereas, pursuant to Article 11 of Directive 70/524/EEC, a Member State which, as a result of new information or of a reassessment of existing information made since the provisions in question were adopted, has detailed grounds for establishing that the use of one of the additives listed in Annex I constitutes a danger to animal or human health or the environment may temporarily suspend the authorization to use that additive;
Whereas Denmark and Germany prohibited the use on their territories of the antibiotic avoparcin in animal feedingstuffs on 20 May 1995 and 19 January 1996 respectively; whereas in accordance with the provisions of Directive 70/524/EEC these two Member States each notified the other Member States and the Commission of the reasons for their decision, duly substantiated by detailed arguments; whereas this information was transmitted by Denmark on 20 May and 13 July 1995, and by Germany on 5 March 1996;
Whereas Denmark and Germany, arguing that, through the feed given to animals, this glycopeptide antibiotic produces resistance to glycopeptides used in human medicine, take the view that avoparcin presents a danger for human health; whereas in their view this transfer of resistance may limit the effectiveness of a major category of antibiotics reserved exclusively for the treatment or prevention of serious infections in humans and consequently one of the conditions required under Directive 70/524/EEC for authorizing the use of an additive is not met;
Whereas the Commission has consulted the Scientific Committee on Animal Nutrition; whereas, after thoroughly examining the situation, that Committee has concluded, in the opinion expressed on 21 May 1996, that, given the absence of elements critical to establishing cause and effect with regard to a role for glycopeptide resistant organisms of animal origin (enterococci) or their genes in human disease, it is not necessary to reserve the use of glycopeptides exclusively for human medicine; whereas, however, the Committee accepts that the reports from Denmark and Germany raise serious questions, and states that it would propose that the feed-additive use of avoparcin be reconsidered at once should it be shown that transfer of resistance were possible from animal to man; whereas, moreover, as a precautionary measure, the Committee recommends that no further glycopeptide sharing the same site and mechanism of antibiotic action as avoparcin should be approved until it is satisfied with the results of research still to be carried out;
Whereas, while there are insufficient data to establish conclusively the risk of transfer of resistance invoked by Germany and Denmark, available evidence does not allow the risk to be excluded with certainty, in the absence of further scientific information;
Whereas various investigations should be undertaken to pinpoint the problem of possible resistance to antibiotics induced by the use of additives in animal feed and transferred to man; whereas a scheme for the surveillance of microbial resistance in animals which receive antibiotics must be swiftly established;
Whereas in this climate of uncertainty it is preferable to show extreme caution, and to avoid taking any risk of reducing the effectiveness of certain glycopeptides, such as vancomycin, which are essential in human medicine;
Whereas the prohibition on the use of avoparcin ought to be perceived as an interim protective measure taken as a precaution, which could be reconsidered were the doubts expressed about additive use of avoparcin to be dissipated in the light of the investigations which will have been carried out and of the surveillance programme which will have been established;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Feedingstuffs,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex I to Directive 70/524/EEC is hereby amended as set out in the Annex hereto.
Article 2
The Commission reexamines before 31 December 1998 the provisions of the present Directive on the basis of the results given by:
- the different investigations concerning the development of resistance by the use of antibiotics, in particular glycopeptides, and
- the surveillance programme of microbial resistance in animals which have received antibiotics, to be carried out in particular by the persons responsible for putting the concerned additives into circulation.
Article 3
1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with the Annex to this Directive by 1 April 1997. They shall immediately inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.
Article 4
This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 30 January 1997. | [
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*****
COMMISSION DECISION
of 27 July 1990
relating to a proceeding under Article 85 of the EEC Treaty
(IV/32.688 - Konsortium ECR 900)
(Only the English, Dutch and German texts are authentic)
(90/446/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (1), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 2 thereof,
Having regard to the notification of a cooperation agreement on 7 April 1988 by the firms AEG Aktiengesellschaft, Alcatel NV and Oy Nokia AB,
Having published a summary of the notification (2) pursuant to Article 19 (3) of Regulation No 17,
Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions,
Whereas:
I. THE FACTS
A. Subject of the notification
On 7 April 1988, AEG Aktiengesellschaft, Alcatel NV and Oy Nokia notified a cooperation agreement concluded by them. The cooperation between the undertakings relates to the formation of a consortium, ECR 900, for the joint development and manufacture and the joint distribution of a pan-European digital cellular mobile telephone system. The cooperation does not include the end products (mobile telephones) through which users are connected to the system.
B. The undertakings concerned
(1) AEG Aktiengesellschaft ('AEG'), whose head office is in Frankfurt, Federal Republic of Germany, is a group owned on a majority holding basis by the Daimler-Benz AG group, whose head office is in Stuttgart-Untertuerkheim, Federal Republic of Germany. AEG's activities include automation systems, electrical tools, energy distribution, household equipment and high-frequency, industrial, information and communications technology.
(2) Alcatel NV ('Alcatel'), whose head office is in Amsterdam, Netherlands, is owned on a majority holding basis by the CGE group, whose head office is in Paris, France. Alcatel's activities comprise communications systems and information technology.
(3) Oy Nokia AB ('Nokia'), whose head office is in Helsinki, Finland, does not belong to any other group, but is an independent group of undertakings. Its activities include information systems, telecommunications, mobile telephones and consumer electronics.
C. Description of the telephone system
(1) In the 'CEPT-Memorandum of Understanding' of 7 September 1987 (3), the signatories agreed to introduce a pan-European public digital cellular mobile telecommunications service in their countries in 1991. The planned telephone system, known as the GSM ('Groupe spécial mobile') system, is a new communications system which does not yet exist.
(2) The system uses a new, digital, cellular technique to improve communication between the users of a mobile telephone network in numerous respects: there is a substantial improvement in speech quality and an increase in the total number of users. The system allows additional data and information technology services to be linked up and new protective arrangements to be included (authentication to prevent misuse of users' appliances and encoding to prevent unauthorized interception of communications). The agreement of virtually all the network operators in Europe on the hardware and software interfaces of the system removes all the communication obstacles created by differences in systems across geographical frontiers and opens up the way for a single European communication network which would, for example, allow a user to be contacted anywhere in Europe ('roaming').
(3) Through predefinition of the GSM system on the basis of a uniform standard with two to three specified interfaces, it is ensured that the development work will result in a uniform system. However, the system does not require uniform technology, but allows room for the development of different system components. The differing specified interfaces allow the compatibility of all system components, which means that they provide the opportunity of combining parts from different manufacturers.
D. Demand and supply in respect of the GSM system
The only potential buyers in the network area covered by the GSM system are at present the national network operators in the CEPT countries and the undertakings acting on their behalf (in the Federal Republic of Germany, for example, Detecon, a telecommunications consultancy firm).
Demand for all and/or part of the system is channeled through invitations to tender. Thus, a series of invitations to tender was published in the Supplement to the Official Journal of the European Communities of 5 January 1988 (No 2/59).
The invitations to tender involve orders for supply and installation and not development orders. The objective is the delivery, installation and operation of the equipment by the first quarter of 1991. The mobile telephones themselves are not covered by the invitations to tender.
In addition to the undertakings making the notification, the following consortia and individual firms have emerged as suppliers:
- Philips/Siemens respectively Philips/Bosch/Siemens,
- Bosch/Philips,
- Matra-Ericsson,
- Ericsson/Orbitel,
- Ericsson/Matra/Ascom Hasler,
- Orbitel/Matra/Ericsson,
- Orbitel (Racal/Plessey),
- Motorola (employing system components acquired from third parties).
E. Content of the cooperation agreement
(1) The parties to the agreement have agreed to cooperate in the development and manufacture of the GSM system and parts thereof, in the further definition and adjustment of technical specifications and in the joint and exclusive distribution of the system and parts thereof in CEPT countries in accordance with the cooperation agreement.
(2) The parties are setting up a consortium known as ECR 900 for the purpose of the submission of tenders for the GSM system in invitations to tender.
Commitments in respect of CEPT countries require the prior written agreement of all the parties. However, if one of the parties does not wish to participate in a tender or contract, the other parties are free to do so.
(3) During the term of the agreement, the parties are prohibited from submitting other tenders or concluding contracts in the CEPT countries in respect of the GSM system.
(4) Outside of the CEPT countries, each party is entitled to pursue business in respect of those parts of the GSM system in whose development it was involved.
(5) (a) In the case of development activities in which several parties were involved, all the technical documentation is to be exchanged on a permanent and cost-free basis between the parties concerned until such time as the technical documentation for series production is completed.
(b) In the case of development activities in which only one party is involved, there will be no exchange of technical documentation.
(6) (a) Up until eight months before expiry of the agreement, the parties are prohibited from using technical documentation obtained pursuant to point 5 (a) in order to manufacture the GSM system or parts thereof for sale in CEPT countries.
(b) After expiry of the agreement, each party has the non-exclusive right to use the technical documentation obtained pursuant to point 5 (a) in order to manufacture the GSM system or parts thereof for sale in any country.
(c) Within a period of five years following expiry of the agreement, however, the grant to third parties of a sublicence in respect of the abovementioned right requires the prior agreement of the party concerned, with any licence fees being divided equally between them.
After the end of such period, the parties are free to grant sublicences without sharing the fees.
(d) Where a party is excluded on the grounds of breach of contract, the party excluded loses the right to use the technical documentation acquired. (7) The agreement may be terminated by each party for the first time on 31 December 1993 and thereafter at the end of each year. In such an event, the other parties may decide to continue the agreement.
The agreement ends automatically on 31 December 1992 if the French or German or any other important postal authority of a CEPT country has not selected the GSM system for its market.
F. The Commission did not receive any observations from interested third parties following publication of the notice required by Article 19 (3) of Regulation No 17.
II. LEGAL ASSESSMENT
Article 85 (1)
The cooperation agreement notified is not under the present circumstances caught by Article 85 (1).
(1) The parties to the agreement are undertakings, and the notified agreement is an agreement between undertakings within the meaning of Article 85 (1).
(2) The agreement does not have as its object or effect the restriction of competition within the common market, for the following reasons:
(a) Joint development and manufacture of the GSM system
The parties to the agreement have agreed to cooperate on the development and manufacture of the GSM system. Such an agreement does not constitute a restriction of competition. The facts show that development and manufacture by individual companies would not take place because of the high cost involved. The invitations to tender by the telecommunications administrations published on 5 January 1988 lay down tight deadlines. The invitation to tender for Denmark provides for the pilot system to be supplied by the end of October 1988, and the invitation to tender for the United Kingdom provides for the complete testing of the development system by 30 June 1989. By mid-1990, an initial pilot system is to have been set up for test purposes in the countries involved in the invitations to tender, and the supply, installation and operation of the equipment is scheduled for the first quarter of 1991. The parties to the agreement would therefore hardly be able to comply with the timetable laid down if they were to proceed individually.
Furthermore, the financial expenditure and the staff required in the development and manufacture of the GSM system is so great that realistically there is no scope for companies to act individually.
The development costs are estimated by the parties to the agreement at some DM 300 to 500 million. Because of the time schedule laid down, this amount cannot be spread over a longer period, but must be raised in the period up to the installation of the pilot system in 1990, while the amortization of the investment in the event of a bid award will be long term. In the event of a bid award to one of the competitors, amortization may indeed be entirely open to question. As far as the staffing requirements are concerned, only a limited number of sufficiently qualified engineers are available for the development of the GSM system, and this limited number cannot be increased in the short term.
Lastly, for objective economic reasons, the parties to the agreement cannot be expected to bear the financial risk involved in the development and manufacture of the GSM system alone.
The relevant market is characterized by narrowly limited demand. At present, the only potential customers are 15 national network operators in the CEPT countries, or the undertakings acting for them, with the result that the suppliers' prospects of achieving a bid award are only limited. Only if they achieve a bid award will the suppliers be able to amortize the extremely high development costs, since the results of the development work will have only limited use outside the field covered by the invitations to tender. This real and serious economic risk can be borne only if the parties to the agreement bear the costs jointly.
It is noteworthy in this context that, in their invitations to tender, the national telecommunications administrations expressly refer to consortia and bidding syndicates.
No single member of the consortium would therefore be able to use its own production improved by individual development in order to achieve a competitive advantage over the other members.
The obligation to engage in joint development and manufacture of the GSM system therefore does not restrict competition within the common market.
(b) Joint distribution of the GSM system
As a result of the joint distribution requirement in the CEPT countries, the parties to the agreement are prevented during the term of the agreement from competing with one another in the sale of the products in such countries, which include all the Member States. However, this requirement does not amount to a restriction of competition. For the reasons specified above, the parties to the agreement acting on their own would not be in a position to provide a viable source of supply for individual distribution of the GSM system.
(c) Ban on the use of technical documentation
Where a party is excluded because of infringement of the agreement, such party loses the right to use the technical documentation supplied to him and hence the possibility of manufacturing and distributing competing products with the help of such documentation.
However, this ban does not create any restriction of competition within the meaning of Article 85 (1). The party in breach of the agreement, having failed to fulfil his obligations vis-à-vis the other parties and to perform his contribution to achieving the joint task, would, if allowed to use the technical documentation, receive unjustified benefits which would lead to an undeserved competitive advantage vis-à-vis the other parties. Such competition not based on performance is not protected by Article 85.
(3) This legal assessment is based on the circumstances set out above. Should there be any change in the actual circumstances, there is nothing to prevent the Commission from re-examining the case,
HAS ADOPTED THIS DECISION:
Article 1
On the basis of the facts known to it, the Commission sees no reason to take any action under Article 85 (1) of the EEC Treaty against the cooperation agreement concluded by the firms AEG Aktiengesellschaft, Alcatel NV and Oy Nokia AB on 21 December 1987.
Article 2
This Decision is addressed to the following undertakings:
1. AEG Aktiengesellschaft
Theodor-Stern-Kai 1
D-6000 Frankfurt/Main 70,
2. Alcatel NV
Strawinskylaan 537
NL-1077 XX Amsterdam,
3. Oy Nokia AB
Mikonkatu 15 A
Helsinki, Finland.
Done at Brussels, 27 July 1990. | [
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Commission Regulation (EC) No 285/2003
of 14 February 2003
on the issue of import licences for sheepmeat and goatmeat products under GATT-WTO non-country-specific tariff quotas for the first quarter of 2003
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1439/95 of 26 June 1995 laying down detailed rules for the application of Council Regulation (EC) No 2467/98 as regards the import and export of products in the sheepmeat and goatmeat sector(1), as last amended by Regulation (EC) No 272/2001(2), and in particular Article 16(4) thereof,
Whereas:
(1) Title II B of Regulation (EC) No 1439/95 contains detailed rules for imports under GATT/WTO non-country-specific tariff quotas. Under Article 16(4) of Regulation (EC) No 1439/95, it is necessary to decide the extent to which import licences may be issued for applications lodged for the first quarter of 2003.
(2) Under Article 15 of Regulation (EC) No 1439/95, the maximum quantity available for the first quarter of 2003 is one quarter of the total quota for the current year. Accordingly, the quantity available for the first quarter of 2003 is limited to 125 tonnes for quota No 09.4147 (countries in group 4) and 50 tonnes for quota No 09.4037 (countries in group 5) in the Annex to Commission Regulation (EC) No 2366/2002 of 27 December 2002 opening Community tariff quotas for 2003 for sheep, goats, sheepmeat and goatmeat(3).
(3) If the quantities covered by licence applications exceed the quantities which may be imported under Article 15 of Regulation (EC) No 1439/95, those quantities should be reduced by a single percentage in accordance with Article 16(4)(b) of that Regulation.
(4) If the quantities covered by licence applications do not exceed the quantities provided for in Regulation (EC) No 1439/95, then all the licence applications may be accepted for the full quantity.
(5) The quantities applied for between 1 and 10 January 2003 were 33967 tonnes for group 4 and 129333 tonnes for group 5. In view of the quantities available for the first quarter, the acceptance percentage shall be 100 % for group 4 and 38,6599 % for group 5.
(6) Licences may be used only for products meeting all the requirements of the veterinary rules currently in force in the Community.
(7) Applications have been lodged in Germany and France for products originating in South Africa, and in Greece and Italy for products originating in Namibia,
HAS ADOPTED THIS REGULATION:
Article 1
In accordance with Article 16(5) of Regulation (EC) No 1439/95, Germany may issue import licences as provided for in Title II B of that Regulation for which applications were lodged between 1 and 10 January 2003. The following quantities shall be authorised:
Member State: Germany - 1 January tot 31 March - Import terms
TABLE
Article 2
In accordance with Article 16(5) of Regulation (EC) No 1439/95, Greece may issue import licences as provided for in Title II B of that Regulation for which applications were lodged between 1 and 10 January 2003. The following quantities shall be authorised:
Member State: Greece - 1 January to 31 March - Import terms
TABLE
Article 3
In accordance with Article 16(5) of Regulation (EC) No 1439/95, France may issue import licences as provided for in Title II B of that Regulation for which applications were lodged between 1 and 10 January 2003. The following quantities shall be authorised:
Member State: France - 1 January to 31 March - Import terms
TABLE
Article 4
In accordance with Article 16(5) of Regulation (EC) No 1439/95, Italy may issue import licences as provided for in Title II B of that Regulation for which applications were lodged between 1 and 10 January 2003. The following quantities shall be authorised:
Member State: Italy - 1 January to 31 March - Import terms
TABLE
Article 5
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 25 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 February 2003. | [
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COMMISSION REGULATION (EC) No 688/2007
of 19 June 2007
amending Regulation (EC) No 2771/1999 as regards the entry into storage of intervention butter put on sale
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)
Article 21 of 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) lays down that intervention butter placed on sale must have entered into storage before 1 September 2006.
(2)
Given the situation on the butter market and the quantities of butter in intervention storage it is appropriate that butter in storage before 1 June 2007 should be available for sale.
(3)
Regulation (EC) No 2771/1999 should therefore be amended accordingly.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 21 of Regulation (EC) No 2771/1999, ‘1 September 2006’ is replaced by ‘1 June 2007’.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 June 2007. | [
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Decision No 451/2003/EC of the European Parliament and of the Council
of 27 February 2003
amending Decision No 253/2000/EC establishing the second phase of the Community action programme in the field of education "Socrates"
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 149 and 150 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Economic and Social Committee(2),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),
Whereas:
(1) Section IV, Point B.2 of the Annex to Decision No 253/2000/EC of the European Parliament and of the Council(4) establishes that Community assistance towards the realisation of projects selected for funding under the Community action programme in the field of education "Socrates" (hereinafter referred to as the "programme") will not normally exceed 75 % of the total costs of the project, except in the case of accompanying measures.
(2) Decision No 819/95/EC of the European Parliament and of the Council of 14 March 1995 establishing the Community action programme "Socrates"(5) did not stipulate a minimum level of cofinancing.
(3) Projects within the decentralised actions of the programme cannot be realised without a significant contribution in the form of staff time and infrastructure support from the organisations involved in the project partnership. The Community assistance granted to these projects does not cover the costs of the contributions of such staff, but may cover up to 100 % of the other costs incurred in realising the project.
(4) The target group for such projects is primarily small institutions such as schools and adult education institutes, which generally have limited administrative resources.
(5) The Community has not previously required institutions participating in projects within the decentralised actions of the programme to provide information about the cost of the contribution of the staff they employ towards the realisation of the projects.
(6) The sums granted as Community assistance to projects within the decentralised actions of the programme are small, averaging EUR 3315 in 2000.
(7) The European Parliament in its Resolution of 28 February 2002 on the implementation of the Socrates programme has expressed concern about the disproportionately onerous administrative procedures for beneficiaries of small grants, especially under the Comenius action, and has called on the Commission to propose any legislative changes necessary to abolish the cofinancing requirement for such grants.
(8) The Commission in its White Paper - Part II - Action Plan entitled Reforming the Commission committed itself to improving and simplifying its internal and external procedures, as far as they relate to other institutions, Member States and citizens.
(9) It is not consistent with the principles of simplification and proportionality to apply a new requirement on the institutions participating in projects within the decentralised actions of the programme to account for the contribution towards their realisation made by staff employed by these institutions, solely in order to demonstrate that the Community assistance does not normally exceed 75 % of the total costs of the project.
(10) There is a need therefore to amend the provision contained in the first paragraph of Section IV, Point B.2 of the Annex to Decision No 253/2000/EC in order to permit appropriate flexibility in the application of this cofinancing requirement,
HAVE DECIDED AS FOLLOWS:
Article 1
The first paragraph of Section IV, Point B.2 of the Annex to Decision No 253/2000/EC shall be replaced by the following:
"As a general rule, Community financial assistance granted for projects under this programme is intended partially to offset the estimated cost necessary to carry out the activities concerned and may cover a maximum period of three years, subject to a periodic review of progress achieved. In accordance with the cofinancing principle, the beneficiary's contribution may take the form of the provision of the personnel and/or infrastructure necessary for the realisation of the project. Assistance may be granted in advance to enable preparatory visits to take place in respect of the projects in question."
Article 2
This Decision shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 27 February 2003. | [
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Commission Decision
of 5 December 2002
on a Community financial contribution to emergency measures to control foot-and-mouth disease in Armenia, Azerbaijan and Georgia and amending Decision 2001/300/EC
(notified under document number C(2002) 4806)
(2002/953/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(1), as last amended by Decision 2001/572/EC(2), and in particular Articles 12 and 13 thereof,
Whereas:
(1) Foot-and-mouth disease, due to types A, O and ASIA 1, is endemic in Armenia, Azerbaijan and Georgia and bordering countries. The presence of different types and subtypes of the foot-and-mouth disease virus and the emergence of new antigenically distinct viruses in that area constitute a threat to the Community and jeopardise the Community-supported efforts of Turkey to control the disease.
(2) The Community, in close cooperation with the European Commission for the Control of Foot-and-Mouth Disease (EUFMD) and the Office international des épizooties (OIE), supported campaigns of emergency vaccination against foot-and-mouth disease in Armenia, Azerbaijan and Georgia in 1999 and 2000 by the use of Trust Fund 911100/MTF/INT/003/EEC. This support was discontinued due to shortcomings identified during a joint mission in these countries by experts from the Commission and the EUFMD in 2000.
(3) In early 2002 representatives of the Commission, the EUFMD, the Food and Agriculture Organisation (FAO) and the OIE, together with the chief veterinary officers of Armenia, Azerbaijan and Georgia elaborated a programme for the establishment of a vaccination belt along the southern borders of those countries in order to enhance the protection of Turkey from the incursion of the foot-and-mouth disease.
(4) With a view to preventing the spread of foot-and-mouth disease, the Community should contribute to emergency measures to control that disease in Armenia, Azerbaijan and Georgia.
(5) The amount provided for in Commission Decision 2001/300/EC of 30 March 2001 on Community cooperation with the Food and Agriculture Organisation with particular regard to activities carried out by the European Commission for the Control of Foot-and-Mouth Disease(3), and the Implementing Agreement concluded in accordance with that Decision, is insufficient to cover the expenses provided for by this Decision. The total Community contribution to Trust Fund 911100/MTF/INT/003/EEC should therefore be increased by the amount necessary to carry out the joint EC/EUFMD/OIE programme for the control of foot-and-mouth disease in Armenia, Azerbaijan and Georgia.
(6) The Implementing Agreement concluded between the European Commission and the FAO should be amended to take into account the amendments made to Decision 2001/300/EC.
(7) Decision 2001/300/EC should therefore be amended accordingly.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
The Funds contained in Trust Fund 911100/MTF/INT/003/EEC, provided for in Decision 2001/300/EC, shall be used for the following measures:
(a) the purchase of 1000000 doses of Al(OH)3-adjuvated trivalent vaccine against the foot-and-mouth disease virus of types O1, A-Iran 96 and ASIA1 with a potency of 6 PD50;
(b) the delivery of the doses of the vaccine referred to in point (a) to the central veterinary authorities of Armenia, Azerbaijan and Georgia for emergency vaccination in the districts along their southern borders of susceptible animals in accordance with the vaccination programme to be set up by letter of agreement between the veterinary authorities of those countries and the European Commission for the Control of Foot-and-Mouth Disease (EUFMD);
(c) on-the-spot supervision of the vaccination campaign and organisation of a serological surveillance by an expert appointed by EUFMD;
(d) the supply of test kits for the detection of antibodies against non-structural proteins, the monitoring of the vaccination campaign and the substantiation of the disease situation.
Article 2
For the measures referred to in Article 1, the Commission shall transfer to Trust Fund 911100/MTF/INT/003/EEC the additional amount of USD 650000.
Article 3
The Director-General of the Health and consumer protection Directorate-General shall be authorised to make the necessary arrangements for the implementation of the measures provided for in Article 2, with the EUFMD of the Food Agriculture Organisation (FAO).
Article 4
Decision 2001/300/EC is amended as follows:
1. Article 1(2) is replaced by the following:
"2. As from 1 January 2001, the financial obligation of the Community to the fund referred to in paragraph 1 shall be set at a maximum of EUR 2450000 for a period of four years from that date."
2. Article 2(3) is replaced by the following:
"3. The Director-General of the Health and consumer protection Directorate-General shall be authorised to sign the Implementing Agreement referred to in paragraph 1 on behalf of the Commission. He shall also be authorised to conclude with the FAO an amended Implementing Agreement in order to take account of the amendments made to Article 1(2)."
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 5 December 2002. | [
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COMMISSION DECISION
of 1 April 2009
repealing 13 obsolete Decisions in the field of the Common Fisheries Policy
(notified under document number C(2009) 1096)
(2009/309/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (1), and in particular Article 101 thereof,
Whereas:
(1)
Improving the transparency of Community law is an essential element of the better lawmaking strategy that Community institutions are implementing. In that context it is appropriate to remove from active legislation those acts which no longer have real effect.
(2)
The following Decisions relating to the common fisheries policy have become obsolete, even though formally they are still in force:
-
Commission Decision 84/17/EEC of 22 December 1983 concerning the implementation by the United Kingdom of certain measures to adjust capacity in the fisheries sector pursuant to Council Directive 83/515/EEC (2),
-
Commission Decision 84/117/EEC of 24 February 1984 concerning the implementation by Denmark of certain measures to adapt capacity in the fisheries sector pursuant to Council Directive 83/515/EEC (3),
-
Commission Decision 84/262/EEC of 4 May 1984 concerning the implementation by Belgium of certain measures to adjust capacity in the fisheries sector, pursuant to Council Directive 83/515/EEC (4),
-
Commission Decision 84/376/EEC of 6 July 1984 concerning the implementation by the Federal Republic of Germany of certain measures to adjust capacity in the fisheries sector (5),
-
Commission Decision 84/589/EEC of 28 November 1984 concerning the implementation by Greece of certain measures to adjust capacity in the fisheries sector pursuant to Council Directive 83/515/EEC (6),
-
Commission Decision 85/154/EEC of 4 February 1985 concerning the implementation by France of certain measures to adjust capacity in the fisheries sector pursuant to Council Directive 83/515/EEC (7),
-
Commission Decision 85/437/EEC of 11 September 1985 concerning the implementation by the Netherlands of certain measures to adjust capacity in the fisheries sector pursuant to Council Directive 83/515/EEC (8),
-
Commission Decision 85/474/EEC of 16 September 1985 concerning applications for reimbursement and the payment of advances in respect of certain measures to adjust capacity in the fisheries sector (9),
-
Commission Decision 85/482/EEC of 18 October 1985 concerning the implementation by Italy of certain measures to adapt capacity in the fisheries sector pursuant to Council Directive 83/515/EEC (10),
-
Commission Decision 86/352/EEC of 10 July 1986 concerning extensions in the implementation by Germany of certain measures to adjust capacity in the fisheries sector, pursuant to Council Directive 83/515/EEC (11),
-
Commission Decision 86/539/EEC of 3 November 1986 concerning the implementation by Portugal of certain measures to adjust capacity in the fisheries sector pursuant to Council Directive 83/515/EEC (12),
-
Commission Decision 86/540/EEC of 4 November 1986 concerning the implementation by Spain of certain measures to adjust capacity in the fisheries sector pursuant to Council Directive 83/515/EEC (13),
-
Commission Decision 92/86/EEC of 18 December 1991 on certain adaptations of measures covered by Regulation (EEC) No 4028/86 in the territory of the former German Democratic Republic (14).
(3)
The Decisions listed in recital (2) have exhausted their effects since in the basic legislation changes have been made, which are incompatible with the application of those acts.
(4)
For reasons of legal security and clarity, those obsolete Decisions should be repealed.
(5)
The measures provided for in this Decision are in accordance with the opinion of the European Fisheries Fund Committee,
HAS ADOPTED THIS DECISION:
Article 1
Decisions to be repealed
Decisions 84/17/EEC, 84/117/EEC, 84/262/EEC, 84/376/EEC, 84/589/EEC, 85/154/EEC, 85/437/EEC, 85/474/EEC, 85/482/EEC, 86/352/EEC, 86/539/EEC, 86/540/EEC and 92/86/EEC are repealed.
Article 2
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 1 April 2009. | [
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Commission Regulation (EC) No 2236/2001
of 16 November 2001
concerning tenders submitted in response to the invitation to tender for the export of husked long grain rice to the island of Réunion referred to in Regulation (EC) No 2011/2001
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 Regulation (EC) No 1987/2001(2), and in particular Article 10(1) thereof,
Having regard to Commission Regulation (EEC) No 2692/89 of 6 September 1989 laying down detailed rules for exports of rice to Réunion(3), as amended by Regulation (EC) No 1453/1999(4), and in particular Article 9 (1) thereof,
Whereas:
(1) Commission Regulation (EC) No 2011/2001(5) opens an invitation to tender for the subsidy on rice exported to Réunion.
(2) Article 9 of Regulation (EEC) No 2692/89 allows the Commission to decide, in accordance with the procedure laid down in Article 22 of Regulation (EC) No 3072/95 and on the basis of the tenders submitted, to make no award.
(3) On the basis of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 2692/89, a maximum subsidy 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 submitted from 12 to 15 November 2001 in response to the invitation to tender referred to in Regulation (EC) No 2011/2001 for the subsidy on exports to Réunion of husked long grain rice falling within CN code 1006 20 98.
Article 2
This Regulation shall enter into force on 17 November 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 November 2001. | [
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COMMISSION REGULATION (EC) No 1343/94 of 10 June 1994 amending for the third time Regulation (EEC) No 3389/81 laying down detailed rules for export refunds in the wine sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 1566/93 (2), and in particular Article 56 (4) thereof,
Having regard to Council Regulation (EEC) No 345/79 of 5 February 1979 laying down general rules for granting export refunds on wine and criteria for fixing the amount of such refunds (3), as amended by Regulation (EEC) No 2009/81 (4), and in particular
Article 6
(3) thereof,
Whereas Regulation (EEC) No 3389/81 of the Commission lays down certain detailed rules in relation to the granting of export refunds in the wine sector (5), as last amended by Regulation (EEC) No 3473/82 (6),
Whereas disturbances on the world market necessitate that payment of export refunds on wine exported to Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Estonia, Georgia, Hungary, Kazakstan, Kyrgystan, Latvia, Lithuania, Moldova, Poland, Romania, Russia, Tajikistan, the Czech and Slovak Republics, Turkmenistan, Ukraine and Uzbekistan should be made subject to proof that the product has really been imported into the third country specified; whereas it is therefore appropriate to provide that the provisions of Article 5 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 (7), as amended by Regulation (EEC) No 2805/93 (8), shall apply;
Whereas furthermore experience has shown that export transactions to certain of the abovementioned countries have lead to abuses; whereas, in order to prevent such abuses, payment of the refund should be subject to the condition that products in containers holding more than two litres has not only been imported into such third country, but also bottled there;
Whereas the Management Committee for Wine has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 3389/81 is amended as follows:
The following Article is added:
'Article 4a
For the purpose of the payment of refunds for the export of products whose destination is stated in the export declaration to be Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Estonia, Georgia, Hungary, Kazakstan, Kyrgystan, Latvia, Lithuania, Moldova, Poland, Romania, Russia, Tajikistan, the Czech and Slovak Republics, Turkmenistan, Ukraine and Uzbekistan, the condition laid down in Article 5 (1) (a) of Regulation (EEC) No 3665/87 shall, in the case of all such exports, be deemed to have been fulfilled.
In addition to the proofs as foreseen in Article 18 of Regulation (EEC) No 3665/87 the exporter of products in containers holding more than two litres must prove the product has been bottled in the third country for which the refund is granted.'
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. It is applicable to products in respect of which the date of export is after the 10 June 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 June 1994. | [
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*****
COMMISSION REGULATION (EEC) No 1753/82
of 1 July 1982
amending Regulations (EEC) No 368/77 and (EEC) No 443/77 and repealing Regulations (EEC) No 2307/79 and (EEC) No 356/80, concerning the sale of skimmed-milk powder for use in feed for pigs and poultry
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 1183/82 (2), and in particular Article 7 (5) thereof,
Whereas in the past various special measures to promote the disposal of skimmed-milk powder have been taken in order to deal with a market situation of substantial stocks and few outlets for that product; whereas the Regulations particularly involved are Commission Regulation (EEC) No 368/77 of 23 February 1977 concerning the sale by tender of skimmed-milk powder for use in feed for pigs and poultry (3), as last amended by Regulation (EEC) No 1726/79 (4), and Commission Regulation (EEC) No 443/77 of 2 March 1977 on the sale at a fixed price of skimmed-milk powder for use in feed for pigs and poultry (5), as last amended by Regulation (EEC) No 1726/79, both of which were adopted to permit the use in feed for animals other than young calves of skimmed-milk powder in public storage that could not be disposed of in the course of a milk marketing year on normal terms;
Whereas, following the drop in stock levels, Regulations (EEC) No 368/77 and (EEC) No 443/77 were suspended by Regulation (EEC) No 2307/79 (6); whereas the present stock situation makes it necessary to bring these Regulations back into force; whereas Regulation (EEC) No 2307/79 should therefore be repealed;
Whereas, if the Regulations are to be brought back into force, the date of entry into storage of the skimmed-milk powder that they cover must be updated, as must the dates of publication of the notice of invitation to tender and of the first invitation to tender;
Whereas Commission Regulation (EEC) No 356/80 (7) introduced certain derogations from Commission Regulation (EEC) No 1725/79 (8) during the period of suspension of Regulations (EEC) No 368/77 and (EEC) No 443/77; whereas, in view of the re-entry into force of these Regulations, Regulation (EEC) No 356/80 should be repealed;
Whereas the Management Committee for Milk and Milk Products has not delievered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 368/77 is hereby amended as follows:
1. In Article 1, the date '1 July 1978' is replaced by '1 January 1980'.
2. In Article 3 (2), the date '24 February 1977' is replaced by '3 July 1982'.
3. In Article 4 (3) the words 'Tuesday, 8 March 1977 at 12 noon' are replaced by 'Monday, 12 July 1982 at 12 noon'.
4. In Article 8 (2) (a) the words 'within the meaning of Article 4 of Regulation (EEC) No 990/72' are replaced by 'within the meaning of Article 4 of Regulation (EEC) No 1725/79'.
5. In Article 9 (6) and in the second indent of Article 17 (2) the amounts 'one unit of account' are replaced by '1;5 ECU'.
6. In Articles 10 (1) and 14 (3) the amounts '15 units of account' are replaced by '18 ECU'.
7. In the third subparagraph of Article 16 (2) the amounts 'three units of account' and '30 units of account' are replaced by the amounts '4 ECU' and '40 ECU respectively'.
Article 2
Regulation (EEC) No 443/77 is hereby amended as follows:
1. In Article 1, the date '1 July 1978' is replaced by '1 January 1980'.
2. In Article 2 (2) (b), the amount 'one unit of account' is replaced by '1;5 ECU'.
3. In Article 5 (1), the amount 'two units of account' is replaced by '3 ECU'.
Article 3
Regulations (EEC) No 2307/79 and (EEC) No 356/80 are hereby repealed.
Article 4
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 July 1982. | [
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COMMISSION REGULATION (EC) No 3168/94 of 21 December 1994 establishing in the field of application of Council Regulation (EC) No 517/94 on common rules for imports of textile products from third countries not covered by bilateral agreements, protocols or other arrangements or by other specific Community import rules a Community import licence and amending certain provisions of the Regulation
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,
Having regard to Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for imports of textile products from third countries not covered by bilateral agreements, protocols or other arrangements or by other specific Community import rules (1), as last amended by Regulation (EC) No 2798/94 (2), and in particular Article 21 thereof,
Whereas, as a result of the establishment of the internal market, it is appropriate that the different forms, so far used by the competent authorities of the Member States in the textile and clothing sector for authorizing the import into the Community of products subject to quantitative limits, pursuant to Regulation (EC) No 517/94, be replaced by a single document that may be used throughout the customs territory of the Community, regardless of the Member State of issue, or the nationality or domicile of the operator concerned;
Whereas to this end it is necessary to create a Community import licence to be drawn up by the competent authorities of the Member States on a common form meeting uniform criteria, to specify which information such document, and the application for such document, shall contain and to amend or complete certain provisions of Regulation (EC) No 517/94;
Whereas to facilitate the introduction of such a Community import licence in all Member States, it seems appropriate to authorize the competent authorities of the Member States, during a transitional period which shall end no later than 31 December 1995, to continue to issue the national forms that were in use before the date of entry into force of this Regulation for issuing import authorizations and surveillance documents, unless the applicant, at the time of this application, has requested the issue of a Community import licence;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 517/94 is hereby amended as follows:
1. the following subparagraph is added to Article 18 (1):
'The authorization application must contain:
(a) the name of the applicant and full address (including, if any, telephone and fax numbers, and identification number registered with the competent national authorities), and VAT registration number, if it is a VAT payer;
(b) name and full address of declarant;
(c) name and full address of probable exporter;
(d) the country of origin of the products and the country of consignment;
(e) a description of the products including:
- their commercial designation,
- description of the products and combined nomenclature (CN) code;
(f) the appropriate category and the quantity in the appropriate unit as indicated in Annexes III B and IV for the products in question;
(g) the value of the products;
(h) any internal code used for administrative purposes, such as the Taric code;
(i) date and signature of applicant.';
2. Article 19 (1) is replaced by the following text:
'1. The competent authorities of the Member States shall issue import authorizations within five working days of notification of the Commission decision or with the time limit set by the Commission. The issue of the import authorizations and extracts thereof shall be made in accordance with the conditions and detailed rules laid down in Annex VIII.';
3. the Annex to the present Regulation is added as Annex VIII to Regulation (EC) No 517/94.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 1994. | [
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COMMISSION REGULATION (EC) No 1831/94 of 26 July 1994 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the Cohesion Fund and the organization of an information system in this field
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1164/94 of 16 May 1994 establishing the Cohesion Fund (1) and in particular Article 12 (5) thereof,
Whereas Article 12 of Regulation (EC) No 1164/94 lays down the principles governing, within the Community, the campaign against irregularities and the recovery of sums lost as a result of abuse or negligence in the field of the Cohesion Fund;
Whereas the rules set out in this Regulation must relate to all eligible measures provided for in Article 3 of Regulation (EC) No 1164/94;
Whereas this Regulation governing only some aspects of beneficiary Member States' obligations pursuant to Article 12 (2) of Regulation (EC) No 1164/94 and consequently should not impinge on any other obligations pursuant to that Article;
Whereas, in order for the Community to be better informed of the measures taken by the beneficiary Member States to combat irregularities, the national provisions to be communicated to the Commission should be specified;
Whereas, with a view to ascertaining the nature of irregular practices and the financial effects of irregularities and to recovering sums wrongly paid, provision should be made for any irregularities detected to be reported to the Commission every quarter; whereas in addition to such reports information must also be provided on the progress of judicial or administrative procedures;
Whereas the Commission should be systematically informed of judicial and administrative procedures against persons who have committed irregularities; whereas it would also be advisable to ensure the systematic transmission of information concerning the measures taken by the Member States to protect the Community's financial interests;
Whereas it is appropriate to determine the procedures to be applied by the Member States and the Commission in cases where the sums lost through an irregularity prove to be irrecoverable;
Whereas a minimum threshold should be set, above which cases of irregularity must automatically be reported to the Commission by the beneficiary Member States;
Whereas national rules relating to criminal proceedings or mutual assistance between Member States at judicial level in criminal matters should not be affected by the provisions of this Regulation;
Whereas it is advisable to provide for the possibility of the Community's making a contribution to legal costs and to costs arising directly out of judicial proceedings;
Whereas, in order to prevent irregularities, cooperation between the Member States and the Commission should be reinforced whilst every effort should be made to ensure that such action is conducted with due regard to the rules of confidentiality;
Whereas it should be further laid down that the provisions of this Regulation are also to apply wherever a payment which should have been made in the context of the Cohesion Fund has not been made owing to an irregularity,
HAS ADOPTED THIS REGULATION:
Article 1
Without prejudice to the obligations arising directly out of Article 12 of Regulation (EC) No 1164/94, this Regulation shall relate to all eligible measures provided for in Article 3 of Regulation (EC) No 1164/94.
This Regulation shall not affect the application in the Member States of rules relating to criminal proceedings or judicial cooperation between Member States in criminal matters.
Article 2
1. Beneficiary Member States within the meaning of Article 2 (2) of Regulation (EC) No 1164/94, shall communicate to the Commission within three months of the entry into force of this Regulation:
- the provisions laid down by law, regulation or administrative action for the application of the measures set out in Article 12 of Regulation (EC) No 1164/94,
- the list of authorities and bodies responsible for the application of those measures and the main provisions relating to the role and functioning of those authorities and bodies and to the procedures which they are responsible for applying.
2. Beneficiary Member States shall communicate forthwith to the Commission any amendments to the information supplied pursuant to paragraph 1.
3. The Commission shall study beneficiary Member States' communications and shall inform them of the conclusions which it intends to draw therefrom. It shall remain in contact with the Member States to the extent necessary for the application of this
Article.
Article 3
1. During the two months following the end of each quarter, beneficiary Member States shall report to the Commission any irregularities which have been the subject of initial administrative or judicial investigations.
To this end they shall as far as possible give details concerning:
- the identification of the project or measure in question,
- the provision which has been infringed,
- the nature and amount of the expenditure; in cases where no payment has been made, the amounts which would have been wrongly paid had the irregularity not been discovered, except where the error or negligence is detected before payment and does not result in any administrative or judicial penalty,
- the total amount and its distribution between the different sources of financing,
- the period during which, or the moment at which, the irregularity was committed,
- the practices employed in committing the irregularity,
- the manner in which the irregularity was discovered,
- the national authorities or bodies which drew up the official report on the irregularity,
- the financial consequences, the suspension (if any) of payments and the possibilities of recovery,
- the date and source of the first information leading to suspicion that an irregularity was in evidence,
- the date on which the official report on the irregularity was drawn up,
- where appropriate, the Member States and the non-member countries involved,
- the identity of the natural and legal persons involved, save in cases where such information is of no relevance in combating irregularities on account of the character of the irregularity concerned.
2. Where some of the information set out in paragraph 1, and in particular that concerning the practices employed in committing the irregularity and the manner in which it was discovered, is not available, beneficiary Member States shall as far as possible supply the missing information when forwarding subsequent quarterly reports of irregularities to the Commission.
3. If national provisions provide for the confidentiality of investigations, communication of the information shall be subject to the authorization of the competent court or tribunal.
Article 4
Each beneficiary Member State shall forthwith repoort to the Commission and, where necessary, to the other Member States concerned, any irregularities discovered or supposed to have occured, where it is feared that:
- they may very quickly have repercussions outside its territory,
and or
- they show that a new and practice has been employed.
Article 5
1. During the two months following the end of each quarter, beneficiary Member States shall inform the Commission, with reference back to any previous report made pursuant to Article 3, of the procedures instituted following all irregularities previously notified and of important changes resulting therefrom and including:
- the amounts which have been, or are expected to be, recovered,
- the interim measures taken by beneficiary Member States to safeguard recovery of sums wrongly paid,
- the judicial and administrative procedures instituted with a view to recovering sums wrongly paid and to imposing sanctions,
- the reasons for any abandonment of recovery procedures; the Commission shall as far as possible, be notified before a decision is taken,
- any abandonment of criminal prosecutions.
Beneficiary Member States shall notify the Commission of administrative or judicial decisions, or the main points thereof, concerning the termination of these procedures.
2. Where a beneficiary Member State considers that an amount cannot be totally recovered, or cannot be expected to be totally recovered, it shall inform the Commission, in a special report, of the amount not recovered and the reasons why the amount should, in its view, be borne by the Community or by the Member State. This information must be sufficiently detailed to allow the Commission to decide as soon as possible after consulting the authorities of the Member States concerned, who shall bear the financial consequences within the meaning of the third indent of Article 12 (1) of Regulation (EC) No 1164/94.
3. In the eventuality referred to in paragraph 2, the Commission may expressly request the beneficiary Member State to continue the recovery procedure.
Article 6
Should there be no irregularities to report in the reference period, beneficiary Member States shall inform the Commission of this fact within the time limit as is set out in Article 3 (1).
Article 7
Where the competent authorities of a Member State decide, at the express request of the Commission, to initiate or continue legal proceedings with a view to recovering amounts wrongly paid, the Commission may undertake to reimburse to the Member State all or part of the legal costs and costs arising directly from the legal proceedings, on presentation of documentary evidence, even if the proceedings are unsuccessful.
Article 8
1. The Commission shall maintain appropriate contacts with the Member States concerned for the purpose of supplementing the information supplied on the irregularities referred to in Article 3, on the procedures referred to in Article 5, and, in particular, on the possibility of recovery.
2. Independently of the contracts referred to in paragraph 1, the Commission shall inform the Member States where the nature of the irregularity is such as to suggest that identical or similar practices could occur in other Member States.
3. The Commission shall organize information meetings at Community level for representatives of the Member States in order to examine with them the information obtained pursuant to Articles 3, 4 and 5 and pursuant to paragraph 1 of this Article, in particular with regard to the lessons to be learned therefrom in connection with irregularities, preventive measures and legal proceedings.
4. At the request of a Member State or of the Commission, the Member States and the Commission shall consult each other for the purpose of closing any loopholes prejudicial to Community interests which become apparent in the course of the enforcement of provisions in force.
Article 9
The Commission shall regularly inform the Member States, in the framework of the Consultative Committee for Coordination in the field of fraud prevention, of the order of magnitude of the funds involved in the irregularities which have been discovered and of the various categories of irregularity, broken down by type and counted up.
Article 10
1. Member States and the Commission shall take all necessary precautions to ensure that the information which they exchange remains confidential.
2. The information referred to in this Regulation may not, in particular, be sent to persons other than those in the Member States or within the Community institutions whose duties require that they have access to it, unless the Member State supplying it has expressly so agreed.
3. The names of natural or legal persons may be disclosed to another Member State or Community institution only where this is necessary in order to prevent or prosecute an irregularity or to establish whether an alleged irregularity has taken place.
4. Information communicated, or acquired in any form whatever pursuant to this Regulation shall be covered by professional confidentiality and be protected in the same way as similar information is protected by the national legislation of the Member State that received it and by the corresponding provisions applicable to the Community institutions.
In addition, that information may not be used for any purposes other than those provided for in this Regulation unless the authorities that have provided it have given their express consent, and provided that the provisions in force in the Member State in which the recipient authority is to be found do not prohibit such communication or use.
5. Paragraphs 1 to 4 shall not impede the use, in any legal actions or proceedings subsequently instituted for non-compliance with Community rules in the area of Cohesion Fund, of information obtained pursuant to this Regulation. The competent authority of the Member State which supplied this information shall be informed forthwith of such use.
6. Where a Member State notified the Commission that a natural or legal person whose name has been communicated to the Commission pursuant to this Regulation proves on further inquiry not to be involved in any irregularity, the Commission shall forthwith inform all those to whom it disclosed that name pursuant to this Regulation of that fact. Such person shall thereupon cease to be treated, by virtue of the earlier notification, as a person involved in the irregularity in question.
Article 11
In cases of co-finacing borne jointly by the Cohesion Fund and by a beneficiary Member State, the amounts recovered shall be shared by that Member State and the Community in proportion to the expenditure already incurred by them.
Article 12
1. Where the irregularities relate to sums of less than ECU 4 000 charged to the Community budget, beneficiary Member States shall not forward to the Commission the information provided for in Articles 3 and 5 unless the latter explicity requests it.
2. The amount referred to in paragraph 1 shall be converted into national currency by applying the exchange rates published in the Official Journal of the European Communities, C Series, which are valid on the first working day of the year in which the information on the irregularities is communicated.
Article 13
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
The period between the day of entry into force and the end of the current calendar quarter shall be deemed to be a quarter for the purposes of Articles 3 and 5.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 1994. | [
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COUNCIL REGULATION (EEC) N° 2135/89
of 12 June 1989
on common rules for imports of certain textile products originating in the People's Republic of China
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 in 1988 the European Economic Community negotiated an Agreement with the People's Republic of China (hereinafter referred to as 'China') on trade in textile products (1); (hereinafter referred to as 'the Agreement');
Whereas the Community and China have decided that the provisions of this Agreement shall be fully implemented as from 1 January 1989 until 31 December 1992;
Whereas it is necessary, with a view to implementing the provisions of the Agreement to establish new specific common rules for imports of certain textile products originating in China;
Whereas it is necessary to ensure that the purpose of the Agreements should not be obstructed by defletion of trade and that it is therefore necessary to determine the way in which the origin of the products in question is controlled and the methods by which the appropriate administrative cooperation is achieved;
Whereas compliance with the quantitative limits on exports established under the Agreement is ensured by a double-checking system; whereas the effectiveness of these measures depends on the Community establishing a set of quantitative limits to be applied to imports of all products from China which are subject to quantitative limitations;
Whereas products entering the customs territory of the Community under the arrangements for inward processing or other temporary admission arrangements and intended for re-exportation out of the said territory in the same state or after processing should not be subject to such quantitative limits;
(1) OJ N° L 380, 31. 12. 1988, p. 1.
Whereas special rules are required for products re-imported under the arrangements for economic outward processing;
Whereas, in order to apply quantitative limits in conformity with the Agreement, it is necessary to establish a special management procedure; whereas it is desirable that such common management system be decentralized by allocating the quantitative limits among the Member States, and that the import authorizations be issued by the Member States' authorities in accordance with the double-checking system defined in the Agreement;
Whereas, in order to ensure the best possible utilization of the Community quantitative limits, they should be allocated in accordance with the requirements of the Member States and with the quantitative objectives established by the Council; whereas, however, the extent of the disparitities existing in the conditions for importation of these products into the Member States and the particularly sensitive position of the Community textile industry mean that the said conditions can be standardized only gradually; whereas, for these reasons, allocation of supplies cannot immediately be effected on the basis of requirements alone;
Whereas the Agreement provides for the possibility of automatic transfers between the shares allocated to the Member States within the Community quantitative limit on the basis of increasing percentages from the first year of application of the Agreement onwards, with a view in particular to giving China more flexibility in using each Community quantitative limit;
Whereas it is also necessary to maintain efficient and rapid procedures for altering Community quantitative limits and their allocation to take account of the development of trade flows, needs for additional imports and the Community's obligations under the Agreement;
Whereas, in respect of certain textile products under limitations, the Agreement provides for a consultation procedure with China whereby a limit to the growth of imports of a product may be agreed where significant use of
its related quantitative limit follows a marked under-use; whereas China also agreed to limit its exports, from the time of the consultation request, to a level established in the Agreement; whereas, in the absence of agreement within the specified time limits, China agreed to limit the growth in its exports to a level established in the Agreement;
Whereas, in the case of products not subject to quantitative limitation, the Agreement provides for a consultation procedure whereby, in the event that the volume of imports of a given category of products into the Community or one of its regions exceeds a certain threshold, agreement can be reached with China on the introduction of quantitative limits; whereas China also undertakes to limit its exports from the date of a request for such consultations, at the level indicated by the Community; whereas, if no agreement is reached with China within the period stipulated, the Community may introduce quantitative limits at a specific annual or multiannual level;
Whereas the Agreement established a system of cooperation between the Community and China with the aim of preventing circumvention by means of transhipment, re-routing or other means; whereas a consultation procedure is established under which an agreement can be reached with China on an equivalent adjustment to the relevant quantitative limit when it appears that the Agreement has been circumvented; whereas China also agreed to take the necessary measures to ensure that any adjustments could be rapidly applied; whereas, in the absence of agreement with China within the time limit provided, the Community may, where clear evidence of circumvention is provided apply the equivalent adjustment;
Whereas, in order, inter alia, to comply with time limits set in the Agreement, it is necessary to establish a rapid and efficient procedure for introducing such quantitative limits and concluding such Agreements with China;
Whereas, for practical reasons, it is convenient to make use, for the purposes enumerated above, of the management committee already set up by Regulation (EEC) N° 4136/86 (1);
Whereas the provisions of this Regulation must be applied in conformity which the Community's international obligations, in particular with those arising from the Agreement,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation shall apply to imports into the Community of the textile products referred to in Annex I and originating in China.
2. The classification of products listed in Annex I shall be based on the combined nomenclature, without prejudice to
(1) OJ N° L 387, 31. 12. 1986, p. 42.
Article 3 (6). The procedures for the application of this paragraph are laid down in Annex V.
3. Subject to the provisions of this Regulation, the importation into the Community of the textile products referred to in paragraph 1 shall not be subject to quantitative restrictions or measures having equivalent effect to such restrictions.
Article 2
1. The origin of the products referred to in Article 1 (1) shall be determined in accordance with the rules in force in the Community.
2. The procedures for control of the origin of the products referred to in Article 1 (1) are laid down in Annex IV.
Article 3
1. The importation into the Community of the textile products listed in Annex III, originating in China and shipped between 1 January 1989 and 31 December 1992 shall be subject to the annual quantitative limits laid down in that Annex.
2. The release for free circulation in the Community of imports subject to the quantitative limits referred to in paragraph 1 shall be subject to the presentation of an import authorization or equivalent document issued by the Member States' authorities in accordance with Article 11.
3. The authorized imports shall be charged against the quantitative limits laid down for the year in which the products are shipped in China. In this Regulation, shipment of products shall be considered to have taken place on the date of their loading onto the exporting aircraft, vehicle or vessel.
4. Imports of products not subject to quantitative limitation before 1 January 1989 which were in the course of shipment to the Community before that date shall not be subject to the quantitative limits referred to in this Article, provided that they were shipped in China before 1 January 1989.
Imports of products not subject to quantitative limitations before 1 January 1989, shipped in China on or after 1 January 1989, shall be subject to and charged against the quantitative limits referred to in paragraph 1. These limits shall not, however, prevent the importation of such products as were shipped in China between 1 January 1989 and the date of entry into force of this Regulation.
5. The release for free circulation of products the importation of which was subject to quantitative limitation before 1 January 1989 and which were shipped before the said date shall continue from that date to be subject to the presentation of the same import documents, and to the same import conditions, as before 1 January 1989.
6. The definition of quantitative limits laid down in Annex III and the categories of products to which they apply shall be adapted in accordance with the procedure laid down in Article 16 where this proves necessary to ensure that any subsequent amendment to the combined nomenclature or any decision amending the classification of such products does not result in a reduction of such quantitative limits.
7. The quantitative limits fixed in Annex III may be adapted in accordance with the procedure laid down in Article 16 in order to take into account changes in classification occurring following the entry into force of the combined nomenclature.
Article 4
1. The quantitative limits referred to in Article 3 shall not apply to the cottage industry and folklore products defined in Annex VI which are accompanied on importation by a certificate issued by the competent authorities of China in accordance with the provisions of Annex VI and which fulfil the other conditions laid down therein.
2. The release for free circulation in the Community of the textile products referred to in paragraph 1 and originating in China shall be granted only for those products covered by an import document issued by the competent authorities of the Member States, provided that similar machine-made products are subject to the quantitative limits referred to in Article 3.
The said import document shall be issued automatically within a maximum of five working days from the date of presentation by the importer of the certificate referred to in paragraph 1, issued by the competent authorities of China.
The import document shall be valid for six months and shall state the grounds for exemption as given in the certificate referred to in paragraph 1.
Article 5
1. Where the Commission finds, in accordance with the procedure laid down in Article 16, that difficulties have arisen in the Community or any of its regions as a result of a sudden and substantial increase in one calendar year by comparison with the preceding year in imports of a Group I category product subject to the quantitative limits laid down in Article 3, originating in China, it may, with the approval of the Committee under the procedure set out in Article 16, open consultations with China, in accordance with the procedure set out in Article 15 with a view to seeking naturally acceptable solutions to the difficulties.
2. The consultations with the supplier country concerned which are provided for in paragraph 1 may lead to the conclusion of an arrangement between that supplier country and the Community or the adoption of joint conclusions.
3. The arrangements provided for in paragraph 2 shall be concluded and the measures provided for in the arrangements or joint conclusions referred to in paragraph 2 shall be adopted in accordance with the procedure laid down in Article 16.
Article 6
1. The quantitative limits referred to in Article 3 shall not apply to products placed in a free zone or imported under
the arrangements governing warehouses, temporary importation or inward processing (suspension system).
Where the products referred to in the preceding subparagraph are subsequently released for free circulation, either in the unaltered state or after working or processing, Article 3 (2) shall apply and the products so released shall be charged against the quantitative limit established for the year for which the export licence was issued.
2. Where the authorities in the Member States establish that imports of textile products have been charged against a quantitative limit fixed pursuant to Article 3 and that these products have subsequently been re-exported outside the customs territory of the Community, they shall inform the Commission within four weeks of the quantities concerned and issue additional import authorizations for the same products and the same quantities in accordance with Article 3 (2).
Imports effected under cover of such authorizations shall not be charged against the quantitative limit for the current year or the following year.
Subject to the conditions laid down in Annex VII, re-imports into the Community of textile products after processing in the countries listed in that Annex shall not be subject to the quantitative limits referred to in Article 3 provided that they are effected in accordance with the Regulations on economic outward processing in force in the Community.
Article 7
1. The Community quantitative limits shall be allocated in such a way as to ensure the best possible utilization of these quantitative limits and to attain progressively a more balanced penetration of the markets by means of improved burden sharing among the Member States.
2. The allocation of the Community quantitative limits shall be adjusted in accordance with the procedure laid down in Article 15 and according to the criteria established in paragraph 1 where this proves necessary, particularly in view of trends in patterns of trade, in order to ensure the best possible utilization of the limits.
3. Without prejudice to the provisions of paragraph 2, after 1 June each year China may, after notifying the Commission in advance, transfer the unused quantities of the
shares allocated to Member States of a Community quantitative limit provided for in Article 3 to the shares of the same limit allocated to other Member States, provided that less than 80 % of the share of the Member State from which the transfer is being made has been used and subject to the following percentages of the share to which the transfer is being made:
- 4 % in 1989,
- 8 % in 1990,
- 16 % in 1991.
The percentage in the fourth year of application of the Agreement shall be determined following consultations between the Parties.
4. In cases referred to in paragraph 1 which are of particular economic importance to one or more Member States, the Commission shall, however, refer proposals for amendment of the allocation directly to the Council. The Council shall act upon such proposals in accordance with Article 113 of the Treaty.
Article 8
In order that the Community textile and clothing industry may benefit from the utilization of all the quantitative limits established in Annex III and in particular those established for categories 2, 3 and 37, and in order to contribute to the improvement of supplies to these industries of raw silk, silk waste, angora and cashmere, the Commission shall, at the request of one or more Member States, submit to the Chinese authorities before 1 December of each Agreement year a list of interested manufacturing and processing companies and, where appropriate, the quantities of products requested by the companies concerned.
Article 9
1. China may, after notifying the Commission in advance, utilize the shares allocated to Member State in the following ways:
(a) Advance utilization during any given year of a portion of a share established for the following year shall be authorized for each category of products up to 5 % of the share for the year of actual utilization.
Such advance imports shall be deducted from the corresponding shares established for the following year.
(b) Carry-over of amounts not utilized during any given year to the corresponding share for the following year shall be authorized up to 7 % of the share for the year of actual utilization.
(c) Transfers of quantities in group I categories shall be made only as follows:
- transfers from category 1 to categories 2 and 3 shall be authorized up to 7 % of the share established for the category to which the transfer is made,
- transfers between categories 2 and 3 are governed by the provisions of the Appendix to Annex III,
- transfers between categories 4, 5, 6, 7 and 8 shall be authorized up to 7 % of the share established for the category to which the transfer is made.
Transfers of quantities into the different categories in group II or III may be made from any category in group I, II or III subject to a maximum of 7 % of the share established for the category to which the transfer is made.
The table of equivalence applicable to the abovementioned transfers is given in Annex I.
(d) The cumulative application of points (a), (b) and (c) may not, in the course of any given year, cause a limit established for the category in question to be exceeded by more than 17 %.
2. In the event of recourse by China to the provisions of paragraph 1, the Commission shall notify the authorities of the Member State concerned, which shall authorize the imports in question in accordance with the double-checking system defined in Annex V.
3. Where a Member State's share has been increased by the application of paragraph 1 above or of Article 10, or where further possibilities for imports into that Member State have been created under Article 10, such increases or further import possibilities shall not be taken into account for the purposes of applying paragraph 1 in the current year or subsequent years.
Article 10
1. Member States which find that they require additional imports for their internal consumption or which consider that their share may not be fully utilized shall notify the Commission accordingly.
2. The quantitative limits laid down in Article 3 may be increased in accordance with the procedure laid down in Article 16 where it appears that additional imports are required.
3. As the request of a Member State which finds that it requires additional imports, either on the occasion of fairs or where it has issued import authorizations or equivalent documents for up to 80 % of its national share, the Commission may, after oral or written consultations with the Member States within the Committee referred to in Article 16, open up additional possibilities for imports into that Member State.
In an emergency, the Commission shall open consultations within the Committee within five working days following
receipt of the request from the Member State concerned and shall take a decision within 15 working days calculated from the same date.
Article 11
1. The authorities of the Member States shall issue the import authorizations or equivalent documents provided for in Article 3 (2) up to the amount of their shares, taking into account the measures taken pursuant to Articles 5, 7, 9 and 10.
2. The import authorizations or equivalent documents shall be issued in accordance with Annex V.
3. The quantities of products covered by the import authorizations or equivalent documents provided for in Article 3 shall be charged against the share of the Member State which issued those authorizations or documents.
4. The competent authorities of the Member State shall cancel import authorizations or equivalent documents already issued in cases where the corresponding export licences have been withdrawn or cancelled by the competent authorities in China. However, if the competent authorities of a Member State have not been informed by the competent authorities of China of the withdrawal or cancellation of an export licence until after the related products have been imported into such Member State, the quantities in question shall be set off against the Member State's quota share for the year during which shipment of products took place.
Article 12
1. The importation into the Community of textile products listed in Annex I, originating in China and not subject to the quantitative limits referred to in Article 3, shall be subject to a system of administrative control.
2. Should imports into the Community of products falling within any given category, referred to in paragraph 1, not subject to the arrangements laid down in Annex VII and originating in China exceed, in relation to the preceding calendar year's total imports into the Community of products in the same category, the percentages indicated below, such imports may be made subject to quantitative limits under the conditions laid down in this Article:
- for all categories of group II products: 5 %,
- for all categories of group III products: 10 %.
These arrangements may be limited to imports into specific regions of the Community.
3. Should the imports referred to in paragraph 2 into a given region of the Community exceed, in relation to the total quantities calculated for the whole Community according to the percentage specified in paragraph 2, the percentage set
for that region in the table below, such imports may be made subject to quantitative limits in the region in question:
Germany25,5 %,
Benelux9,5 %,
France16,5 %,
Italy13,5 %,
Denmark2,7 %,
Ireland0,8 %,
United Kingdom21,0 %,
Greece1,5 %,
Spain7,5 %,
Portugal1,5 %.
4. Paragraphs 2 and 3 shall not apply where the percentages specified therein have been reached as a result of a fall in total imports into the Community, and not as a result of an increase in exports of products originating in China.
5. Where the Commission finds, in accordance with the procedure laid down in Article 16, that the conditions set out in paragraphs 2 and 3 are fulfilled and considers that a given category of products should be made subject to a quantitative limit, with the concurring opinion of the Committee under the procedure in Article 16:
(a) it shall open consultations with China, in accordance with the procedure specified in Article 15, with a view to reaching an agreement or joint conclusions on a suitable level of limitation for the category of products in question;
(b) pending a mutually satisfactory solution, the Commission shall, as a general rule, request China to limit exports of the products in the category concerned to the Community, or to the region or regions of the Community market specified by the Community for a provisional period of three months from the date on which the request for consultation is made. Such provisional limit shall be established at 25 % of the level of imports reached during the calendar year preceding that in which imports exceeded the level resulting from the application of the formula set out in paragraph 2 and gave rise to the request for consultation or 25 % of the level resulting from the application of the formula set out in paragraph 2, whichever is the higher;
(c) it may, pending the outcome of the requested consultations, apply to the imports of the category of products in question quantitative limits identical to those requested of China pursuant to point (b). These measures shall be without prejudice to the definitive arrangements to be made by the Community, taking into account the results of the consultations.
(d) The Commission shall refer urgent cases to the Committee provided for in Article 16 within five working days of receipt of the request from the Member State or States setting out the reasons for urgency and
take a decision within five working days of the end of the Committee's deliberations.
(e) Measures taken pursuant to this paragraph shall be the subject of a Commission communication published without delay in the Offical Journal of the European Communities.
The consultations with China which are provided for in paragraph 5 (a) may lead to the conclusion of an arrangement between that country and the Community or the adoption of joint conclusions on the introduction and level of quantitative limits.
Such arrangements or joint conclusions shall stipulate that the quantitative limits agreed be administered in accordance with a double-checking system.
7. Should the Community and China be unable in the course of consultations to reach a satisfactory solution within one month following the opening of consultations and, at the latest, within two months following notification of the request for consultations, the Community shall have the right to introduce a definitive quantitative limit at an annual level not lower than the level resulting from the application of the formula set out in paragraph 2 or 106 % of the level of imports reached during the calendar year preceding that in which imports exceeded the level resulting from the application of the formula set out in paragraph 2 and gave rise to the request for consultations, whichever is the higher.
8. The arrangements provided for in paragraph 6 shall be concluded and the measures provided for either in paragraphs 5 and 7 or in the arrangements or joint conclusions referred to in paragraph 6 shall be decided in accordance with the procedure laid down in Article 16.
9. The annual level of the quantitative limits laid down in accordance with paragraphs 5 to 8 may not be less than the level of imports into the Community or into the region or regions concerned in 1988, of products of the same category in China.
10. Where the development of total imports into the Community of a product which is subject to a quantitative limit fixed in accordance with paragraphs 5 to 8 renders it necessary, the annual level of that quantitative limit shall be increased, after consultation with China, in accordance with the procedure laid down in Article 15, to ensure compliance with the conditions set out in paragraphs 2 and 3.
11. The quantitative limits fixed in accordance with paragraphs 6 and 8 shall provide for an annual growth rate determined by mutual agreement with China in the context of the consultation procedure laid down in Article 15.
12. The quantitative limits established pursuant to paragraphs 5 to 8 shall not apply to products which have already been dispatched to the Community provided that they were shipped from China for export to the Community before the date of notification of the request for consultations.
13. The quantitative limits established pursuant to paragraphs 5 to 8 shall be administered in accordance with Articles 3, 4, 6, 7, 9, 10 and 11, save as otherwise provided in accordance with the procedure laid down in Article 16.
Article 13
1. For the textile products subject to the quantitative limits referred to in Article 3, Member States shall notify the Commission within the first 10 days of each month of the total quantities, in the appropriate units and by category of products, for which import authorizations have been issued during the preceding months.
2. For the textile products referred to in Annex VI and originating in China, Member States shall notify the Commission within the first 10 days of each month of the total quantities, in the appropriate units and by category of products, for which import documents have been issued in accordance with Article 4 (2) during the preceding month.
For the textile products referred to in Annexes I and II, Member States shall notify the Commission monthly, within 30 days of the end of each month, of the total quantities imported during that month, indicating the combined nomenclature code and using the units and, where appropriate, the supplementary units, used in that code. Imports shall be broken down according to the statistical procedures in force.
3. For products cited in paragraph 1 of Annex VI, Member States shall notify the Commission monthly, within 30 days following the end of each month, of the best information available on the total quantities imported during that month, in the appropriate units and by category of products.
4. In order to enable market trends in the products covered by this Regulation to be monitored, Member States shall communicate to the Commission, before 31 March each year, statistical data on exports for the preceding year. The statistical data relating to the production and consumption of each product shall be forwarded under arrangements to be determined subsequently pursuant to the procedure laid down in Article 16.
5. Where the nature of the products or particular circumstances so require, the Commission may, at the request of a Member State or on its own initiative, alter the time limits for communicating the abovementioned information under the procedure laid down in Article 16.
6. Member States shall notify the Commission under conditions set in accordance with the procedure laid down in Article 16 of all other particulars deemed under that procedure to be necessary in order to ensure compliance with the obligations agreed between the Community and China.
7. In the urgent cases referred to in Article 12 (5) (d), the Member State or States concerned shall send the necessary
import statistics and economic data to the Commission and the other Member States by telex.
Article 14
1. Where, following the enquiries carried out in accordance with the procedures established under Annex IV, the Commission notes that the information in its possession constitutes proof that products originating in China and subject to the quantitative limits referred to in Article 3 or introduced under Article 12 have been transhipped, re-routed or otherwise imported into the Community through circumvention of such quantitative limits and that there is need for the necessary adjustments to be made, it shall request that consultations be opened, in accordance with the procedure described in Article 15, so that agreement may be reached on an equivalent adjustment of the corresponding quantitative limits.
2. Pending the outcome of the consultations referred to in paragraph 1, the Commission may ask China to take the necessary precautionary steps to ensure that adjustments to the quantitative limits agreed on following such consultations may be carried out for the year in which the request for consultations was lodged, or for the following year if the quantitative limit for the current year is exhausted, where there is clear evidence of circumvention.
3. If the Community and China fail to arrive at a satisfactory solution within the period stipulated in Article 15 and if the Commission notes that there is clear evidence of circumvention, it shall deduct from the quantitative limits an equivalent volume of products originating in China, in accordance with the procedure laid down in Article 16.
4. The agreements provided for in paragraph 1 shall be concluded and the measures provided for either in paragraph 3 or in the agreements referred to in paragraph 1 shall be adopted in accordance with the procedure laid down in Article 16.
Article 15
1. The Commission shall conduct the consultations referred to in the Regulation other than those referred to in paragraph 2, in accordance with the following rules:
- the Commission shall notify China of the request for consultations,
- the request for consultations shall be followed within a reasonable period (and in any case not later than 15 days following the notification) by a statement setting out the reasons and circumstances which, in the Commission's opinion, justify the submission of such a request,
- the Commission shall initiate consultations, within one month at the latest of notification of the request, with a
view to reaching agreement or a mutually acceptable conclusion within one further month at the latest.
2. The consultations referred to in Article 5 shall be governed by the following rules:
- the Commission shall notify China of the request for consultations, together with a statement setting out the reasons and circumstances which, in the Commission's opinion, justify the submission of such a request,
- the Commission shall initiate consultations within 15 days at the latest of notification of the request, with a view to reaching agreement or a mutually acceptable conclusion within 15 days at the latest.
Article 16
1. The Committee referred to in this Article shall, for the purpose and period of application of this Regulation, be the Textile Committee set up under Article 15 of Regulation (EEC) N° 4136/86.
2. Where reference is made to the procedure laid down in this Article, the chairman, on his own initiative or at the request of a Member State, shall refer the matter to the Committee.
3. The Commission representative shall lay draft measures before the Committee. The Committee shall deliver an opinion on the draft measures within a period which may be fixed by the chairman in accordance with the degree of urgency of the matter. The Committee shall decide by the majority specified in Article 148 (2) of the EEC Treaty for the adoption of acts by the Council on a proposal from the Commission. In the case of votes within the Committee, the votes of Member States' representatives shall be weighted in accordance with the abovementioned Article. The chairman shall not vote.
4. (a) The Commission shall adopt the measures proposed where they are in conformity with the Committee's opinion.
(b) Where the measures proposed are not in conformity with the Committee's opinion, or where no opinion has been given, the Commission shall present to the Council, without delay, a proposal for the measures to be taken. The Council shall act by a qualified majority.
(c) Should the Council fail to take a decision within one month of the date on which the proposal was laid before it, the Commission shall adopt the proposed measures.
5. The chairman may, on his own initiative or at the request of one of the Member States' representatives, consult the Committee about any other matter relating to the operation of this Regulation.
Article 17
The Member States shall inform the Commission forthwith of all measures taken pursuant to this Regulation and of all laws, regulations or administrative provisions concerning arrangements for importation of the products covered by this Regulation.
Article 18
Amendments to the Annexes to this Regulation which may be necessary to take into account the conclusion, amendment or expiry of agreements with third countries or amendments
made to Community rules on statistics, customs arrangements or common import arrangements shall be adopted in accordance with the procedure laid down in Article 16.
Article 19
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply which effect from 1 January 1989 until 31 December 1992.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 2083/2002
of 22 November 2002
amending for the eighth time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan(1), as last amended by Commission Regulation (EC) No 1935/2002(2), and in particular Article 7(1), first indent, thereof,
Whereas:
(1) Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.
(2) On 28 October and 21 November 2002, the Sanctions Committee decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources shall apply and, therefore, Annex I should be amended accordingly.
(3) In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 November 2002. | [
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Council Regulation (EC) No 1783/2003
of 29 September 2003
amending Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(1),
Having regard to the opinion of the European Economic and Social Committee(2),
Having regard to the opinion of the Committee of the Regions(3),
Whereas:
(1) In order to achieve the objectives of the common agricultural policy, as laid down in Article 33 of the Treaty, it is appropriate to reinforce the rural development policy by increasing the range of accompanying measures as provided for in Regulation (EC) No 1257/1999(4).
(2) Young farmers representing a key factor in the development of rural areas, support to this category of farmers should be considered as a priority. In order to facilitate the establishment of young farmers and the structural adjustment of their holdings, it is necessary to reinforce the specific support already granted.
(3) A more rapid implementation in the agricultural sector of demanding standards based on Community legislation concerning the environment, public, animal and plant health, animal welfare and occupational safety should be promoted. Those standards may impose new obligations on farmers giving rise to a loss of income or additional costs. Temporary and degressive support should be provided to farmers to help cover partly the costs arising from the implementation of such standards.
(4) Following the introduction of the "meeting standards" measure, support currently permitted under Regulation (EC) No 1257/1999 to farmers for limitations on agricultural use in areas with environmental restrictions should henceforth cover limitations arising from the implementation of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(5) and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(6). Accordingly, a higher level of support may be proposed under certain circumstances and the area limitation of 10 % will be restricted to the measure concerning areas with specific handicaps.
(5) Farm advisory systems as provided for in 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(7), are to identify and propose improvements in current performance with regard to statutory environmental, public, animal and plant health and animal welfare standards. Support should be provided to farmers towards the costs of such advisory services.
(6) Farmers should be encouraged to adopt high standards of animal welfare. The scope of the existing agri-environment Chapter of Regulation (EC) No 1257/1999 should be extended to provide for support to farmers who undertake to adopt standards of animal husbandry which go beyond statutory minima.
(7) Experience has shown that the range of instruments to promote food quality in rural development policy needs to be reinforced.
(8) Farmers should be encouraged to participate in Community or national food quality schemes. Participation in such schemes can give rise to additional costs and obligations which are not fully rewarded by the marketplace. Temporary support should be provided to farmers who participate in such schemes.
(9) There is a need to improve consumers' awareness of the existence and specifications of products produced under Community or national food quality schemes. Support should be provided to producer groups to inform consumers and promote products provided under schemes supported by Member States within their rural development plans.
(10) The introduction of the new accompanying measures necessitates a clarification of certain existing provisions. Such clarifications concern mainly the investment in agricultural holdings and the financial provisions.
(11) Given the importance of promoting innovation in the food processing sector, the scope of the existing Chapter of Regulation (EC) No 1257/1999 for improving processing and marketing of agricultural products should be extended to provide support for the development of innovative approaches in food processing.
(12) The said Chapter lays down eligibility conditions for support for investments for improving the processing and marketing of agricultural products including the requirement for enterprises which receive such support to already comply with minimum standards regarding the environment, hygiene and animal welfare. Given that small processing units can sometimes experience difficulties in complying with such standards, Member States should be allowed to grant a period of grace with reference to the eligibility conditions for investments in small processing units made in order to comply with newly introduced standards relating to the environment, hygiene and animal welfare.
(13) There is a need to improve the ecological and social value of State owned forests; investment support for these purposes should be allowed while excluding support for measures which improve the economic utilisation of such forests.
(14) Experience to date in the implementation of rural development programming for the 2000 to 2006 period has shown a need to clarify and simplify certain provisions of Regulation (EC) No 1257/1999 and adapt certain aid levels. Such clarifications and adaptations concern mainly the scope and detailed content of support for less-favoured areas and areas with environmental restrictions, training, forestry and promoting the adaptation and development of rural areas.
(15) Regulation (EC) No 1257/1999 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1257/1999 is hereby amended as follows:
1) In Article 5, the existing text shall become paragraph 1 and the following paragraphs shall be added:
"2. The conditions for support for investment laid down in paragraph 1 must be fulfilled at the time when the individual decision to grant support is taken.
3. Where investments are made in order to comply with newly introduced minimum standards relating to the environment, hygiene, and animal welfare, support may be granted in order to comply with the new standards. In such cases, a period of grace may be provided to farmers to meet these minimum standards where time is needed to solve specific problems involved in complying with such standards. The farmer shall comply with the relevant standards by the end of the investment period.";
2) Article 7 shall be amended as follows:
(a) The second paragraph of Article 7 shall be replaced by the following:"The total amount of support, expressed as a percentage of the volume of eligible investment, is limited to a maximum of 40 % and 50 % in less-favoured areas."
(b) The following paragraph shall be added:
"Where investments are undertaken by young farmers, as referred to in Chapter II, these percentages may reach a maximum of 50 % and 60 % in less-favoured areas during a period not exceeding five years from the setting up. The age condition laid down in the first indent of Article 8(1) must be met at the time of setting up.";
3) Article 8(2) shall be replaced by the following:
"2. The setting-up aid may comprise:
(a) a single premium up to the maximum eligible amount specified in the Annex, and
(b) an interest subsidy on loans taken on with a view to covering the costs arising from setting-up; the capitalised value of the interest subsidy may not exceed the value of the premium.
A support higher than the maximum amount referred to in point a) but not exceeding EUR 30000 may be granted to young farmers who are using farm advisory services linked to the setting-up of their activity during a period of three years after setting-up.";
4) In the second paragraph of Article 9, the first indent shall be replaced by the following:
"- to prepare farmers and other persons involved in agricultural activities for qualitative reorientation of production, the application of production practices compatible with the maintenance and enhancement of the landscape, the protection of the environment, hygiene standards and animal welfare and acquisition of the skills needed to enable them to manage an economically viable farm, and";
5) In Article 15(3), the second subparagraph shall be replaced by the following:
"Compensatory allowances higher than this maximum amount may be granted provided that the average amount of all compensatory allowances granted at the programming level concerned does not exceed this maximum amount. Member States may, for the purpose of calculating the average amount, present a combination of several regional programmes. However, in cases duly justified by objective circumstances, the average amount may be increased to the maximum average amount set out in the Annex."
6) Article 16 shall be amended as follows:
(a) Article 16(1) shall be replaced by the following:
"1. Payments to compensate for costs incurred and income foregone may be made to farmers who are subject to restrictions on agricultural use in areas with environmental restrictions as a result of the implementation of Directives 79/409/EEC(8) and 92/43/EEC(9), if and in so far as such payments are necessary to solve the specific problems arising from the implementation of those Directives."
(b) Article 16(3) shall be replaced by the following:
"3. The maximum amount eligible for Community support is laid down in the Annex. This amount may be increased in duly justified cases to take account of specific problems.
A support higher than this maximum amount may be granted during a period not exceeding five years from the date the provision imposing new restrictions becomes mandatory in accordance with Community legislation. This support shall be granted annually on a degressive basis and shall not exceed the amount set out in the Annex.";
7) In Article 20, the existing text shall become paragraph 1 and following paragraph shall be added:
"2. Areas referred to in paragraph 1 may not exceed 10 % of the area of the Member State concerned.";
8) Article 21 shall be deleted.
9) The following Chapter shall be inserted after Chapter V of Title II:
"CHAPTER Va
MEETING STANDARDS
Article 21a
Support to help farmers to adapt to demanding standards based on Community legislation in the fields of the environment, public, animal and plant health, animal welfare and occupational safety shall contribute to the following objectives:
(a) a more rapid implementation of demanding Community standards by Member States;
(b) the respect of those standards by farmers;
(c) the use of farm advisory services by farmers, as provided for in Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and support schemes for producers of certain crops(10), in assessing the performance of farm businesses and identifying improvements required with regard to the statutory management requirements as set out in that Regulation.
Article 21b
1. Temporary support intended to contribute partly to costs incurred and income foregone may be granted to farmers who have to apply demanding standards based on Community legislation and newly introduced in national legislation.
For Member States applying Article 16, support shall not be granted under this Chapter to a farmer to apply standards based on the Community legislation referred to in Article 16.
2. Support may be granted during a period not exceeding five years from the date the standard becomes mandatory in accordance with Community legislation.
To be eligible for support, the standard should impose new obligations or restrictions on farming practice which have a significant impact on typical farm operating costs and which concern a significant number of farmers.
For Directives for which the implementation deadline has been exceeded and which are not yet correctly implemented by the Member State, support may be granted during a period not exceeding five years from 25 October 2003.
3. Support shall not be payable where the non-application of a standard is due to the non-respect by the applicant farmer of a standard already transposed in national legislation.
Article 21c
1. Support shall be granted annually in the form of a flat rate aid and on a degressive basis, in equal instalments. Member States shall modulate the level of payment per standard with regard to the level of obligations resulting from the application of the standard. Payment shall be fixed at a level which prevents overcompensation. Costs related to investments shall not be taken into account when determining the level of annual support.
2. The maximum eligible annual amount, per holding, of support is set out in the Annex.
Article 21d
1. Support may be granted to farmers to help them meet costs arising from the use of the farm advisory services which identify and where necessary, propose improvements relating to the application by farmers of statutory environmental, public, animal and plant health and animal welfare standards.
2. Farm advisory services for which support may be granted shall be in accordance with Chapter III of Title II of Regulation (EC) No 1782/2003 and the provisions adopted in implementation thereof.
3. The total amount of support for the use of advisory services as referred to in paragraph 1, shall be limited to a maximum of 80 % of the eligible cost, without exceeding the maximum eligible amount as set out in the Annex.";
10) Chapter VI shall be replaced by the following:
"CHAPTER VI
AGRI-ENVIRONMENT AND ANIMAL WELFARE
Article 22
Support for agricultural methods designed to protect the environment, maintain the countryside (agri-environment) or improve animal welfare shall contribute to achieving the Community's policy objectives regarding agriculture, the environment and the welfare of farm animals.
Such support shall promote:
(a) ways of using agricultural land which are compatible with the protection and improvement of the environment, the landscape and its features, natural resources, the soil and genetic diversity,
(b) an environmentally-favourable extensification of farming and management of low-intensity pasture systems,
(c) the conservation of high nature-value farmed environments which are under threat,
(d) the upkeep of the landscape and historical features on agricultural land,
(e) the use of environmental planning in farming practice,
(f) the improvement of animal welfare.
Article 23
1. Support shall be granted to farmers who give agri-environmental or animal welfare commitments for at least five years. Where necessary, a longer period shall be determined for particular types of commitments in view of their effects on the environment or animal welfare.
2. Agri-environmental and animal welfare commitments shall involve more than the application of usual good farming practice including good animal husbandry practice.
They shall provide for services which are not provided for by other support measures, such as market support or compensatory allowances.
Article 24
1. Support in respect of an agri-environmental or animal welfare commitment shall be granted annually and be calculated on the basis of:
(a) income foregone,
(b) additional costs resulting from the commitment given, and
(c) the need to provide an incentive.
Costs related to investments shall not be taken into account when calculating the level of annual support. Costs for non-remunerative investments which are necessary to comply with a commitment may be taken into account in calculating the level of annual support.
2. Maximum amounts per year eligible for Community support are laid down in the Annex. When support is calculated on an area basis, these amounts shall be based on that area of the holding to which agri-environmental commitments apply.";
11) The following Chapter is inserted after Chapter VI of Title II:
"CHAPTER VIa
FOOD QUALITY
Article 24a
Support for agricultural production methods designed to improve the quality of agricultural products and for promotion of those products shall contribute to the following objectives:
(a) to provide assurances to consumers on the quality of the product or of the production process used through the participation of farmers in food quality schemes as defined in Article 24b;
(b) to achieve added value for agricultural primary products and to enhance market opportunities;
(c) to improve consumer information on the availability and specifications of such products.
Article 24b
1. Support shall be granted to farmers who participate on a voluntary basis in Community or national food quality schemes, which impose specific production requirements on agricultural products listed in Annex I to the Treaty, except fishery products, and comply with paragraph 2 or 3 in this Article.
Support shall only cover products intended for human consumption.
2. Community quality schemes under the following Regulations and provisions shall be eligible for support:
(a) Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(11),
(b) Council Regulation (EEC) No 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs(12),
(c) 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(13),
(d) Title VI on quality wine produced in specified regions of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(14).
3. To be eligible for support, food quality schemes recognised by the Member States shall comply with the criteria set out in points (a) to (e):
(a) the specificity of the final product produced under such schemes shall be derived from detailed obligations on farming methods that guarantee:
(i) specific characteristics including the production process, or
(ii) a quality of the final product that goes significantly beyond the commercial commodity standards as regards public, animal or plant health, animal welfare or environmental protection;
(b) the schemes involve binding product specifications and compliance with those specifications shall be verified by an independent inspection body;
(c) the schemes shall be open to all producers;
(d) the schemes shall be transparent and assure complete traceability of the products;
(e) the schemes shall respond to current or foreseeable market opportunities.
4. Schemes whose sole purpose is to provide a higher level of control of respect of obligatory standards under Community or national law shall not be eligible for support.
Article 24c
1. Support shall be paid as an annual incentive payment up to the maximum eligible amount per holding as set out in the Annex. The level of payment amount shall be determined according to the level of the fixed costs arising from participation in supported schemes and be fixed at a level which prevents overcompensation.
2. The duration of such support shall not exceed a period of five years.
Article 24d
1. Support shall be granted to producer groups for activities intended to inform consumers about and promote agricultural products or foodstuffs designated under Community or national food quality schemes as described in Article 24b and selected for support by the Member State under the measure provided for in Articles 24a, 24b and 24c.
2. Support shall cover information, promotion and advertising activities.
3. The total amount of support shall be limited to a maximum of 70 % of the eligible costs of the action.";
12) In Article 25(2), the fourth indent shall be replaced by the following:
"- to develop and apply new technologies,";
13) In Article 26(1), the following subparagraph shall be added:
"Where investments are made in order to comply with newly introduced minimum standards relating to the environment, hygiene, and animal welfare, support may be granted in order to comply with the new standards. In such cases, a period of grace may be provided to small processing units to meet these minimum standards where time is needed to solve specific problems encountered in complying with such standards. The small processing units shall comply with the relevant standards by the end of the investment period.";
14) Article 29(3) shall be replaced by the following:
"3. Such support, as provided for in Articles 30 and 32, shall be granted only for forests and areas owned by private owners or by their associations or by municipalities or their associations. This restriction shall not apply to the measures provided for in the second indent of Article 30(1) for investment in forests aimed at significantly improving their ecological and social value, and for the measures provided for in the sixth indent of Article 30(1).";
15) Article 29(5) shall be replaced by the following:
"5. Measures proposed under this Chapter in areas classified as high or medium forest fire risk within the framework of the Community action on protection of forests against fire, must conform to the forest protection plans established by the Member States for these areas.";
16) In Article 30(1), the last indent shall be replaced by the following:
"- restoring forestry production potential damaged by natural disasters and fire and introducing appropriate prevention actions.";
17) Article 31 shall be amended as follows:
(a) In paragraph 1, the second subparagraph shall be replaced by the following:
"Such support may include in addition to establishment costs:
- an annual premium per hectare afforested to cover maintenance costs for a period of up to five years,
- an annual premium per hectare to cover loss of income resulting from afforestation for a maximum period of 20 years for farmers or associations thereof who worked the land before its afforestation or for any other private law person."
(b) Paragraph 2 shall be replaced by the following:
"2. Where support is granted for afforestation of agricultural land owned by public authorities, it shall cover only the cost of establishment. If the afforested land is rented by a private law person, the annual premia referred to in paragraph 1, second subparagraph, may be granted."
(c) In paragraph 3, the second subparagraph shall be replaced by the following:
"In the case of fast-growing species cultivated in the short term, support for afforestation shall be granted for establishment costs only.";
18) In Article 33, the second paragraph shall be amended as follows:
(a) the third and the fourth indents shall be replaced by the following:
"- setting up of farm advisory systems as referred to in Chapter III of Title II of Regulation (EC) No 1782/2003, as well as farm relief and farm management services,
- marketing of quality agricultural products, including the setting-up of quality schemes as referred to in Article 24b(2) and (3),".
(b) the following indent shall be added:
"- management of integrated rural development strategies by local partnerships.";
19) In the second subparagraph of Article 34, the following two indents shall be added:
"- conditions governing meeting standards measures (Chapter Va)
- conditions governing food quality measures (Chapter VIa)";
20) Article 35(1) shall be replaced by the following:
"1. Community support for early retirement (Articles 10, 11 and 12), less-favoured areas and areas with environmental restrictions (Articles 13 to 21), meeting standards (Articles 21a to 21d), agri-environment and animal welfare (Articles 22, 23 and 24), food quality (Articles 24a to 24d) and afforestation (Article 31) shall be financed by the EAGGF Guarantee Section throughout the Community.";
21) In the second paragraph of Article 37(3), the second indent shall be replaced by the following:
"- measures to support research projects or measures eligible for Community funding under Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(15).";
22) In the second subparagraph of Article 47(2), the last indent shall be replaced by the following:
"- the Community contribution to the programming for measures laid down in Articles 22 to 24 of this Regulation shall not exceed 85 % in areas covered by Objective 1 and 60 % in the other areas.";
23) In Article 51, the following paragraph shall be added:
"5. State aid to support farmers who adapt to demanding standards based on Community legislation in the fields of the environment, public, animal and plant health, animal welfare and occupational safety shall be prohibited if it does not satisfy the conditions provided for in Articles 21a, 21b and 21c. However, additional aid exceeding the maximum amounts fixed in accordance with Article 21c may be granted to help farmers to comply with national legislation which exceeds Community standards.
In the absence of Community legislation, state aid to support farmers who adapt to demanding standards based on national legislation in the fields of the environment, public, animal and plant health, animal welfare and occupational safety shall be prohibited if it does not satisfy the relevant conditions provided for in Articles 21a, 21b and 21c. Additional aid exceeding the maximum amounts fixed in accordance with Article 21c may be granted if justified under paragraph 1 of that Article.";
24) The Annex shall be replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 September 2003. | [
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Commission Regulation (EC) No 912/2004
of 29 April 2004
implementing Council Regulation (EEC) No 3924/91 on the establishment of a Community survey of industrial production
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3924/91 of 19 December 1991 on the establishment of a Community survey of industrial production(1), and in particular Article 9 thereof,
Whereas:
(1) Regulation (EEC) No 3924/91 provides for measures for adjustment to technical progress concerning collection of data and processing of results to be laid down by the Commission after consulting the Statistical Programme Committee.
(2) Technical progress and subsequent legislation, in particular acts relating to the European Business Statistical System, call for adjustments to be made to the survey coverage and characteristics.
(3) These adjustments should improve coverage of the statistics provided by the Member States without increasing the burden on economic operators.
(4) The statistical data compiled within the Community system must be of satisfactory quality and comparable from one Member State to another.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee set up by Council Decision 89/382/EEC. Euratom(2),
HAS ADOPTED THIS REGULATION:
Article 1
The field covered by the survey referred to in Article 1 of Council Regulation (EEC) No 3924/91 is to be identified by reference to the survey population and the observation unit.
The survey population of the reference period shall be enterprises whose principal activity or one of its secondary activities is listed in section C, D or E of the classification of economic activities in the European Community (NACE Rev.1.1), set out in Regulation (EC) No 29/2002 of 19 December 2001(3), amending Council Regulation (EEC) No 3037/90(4).
The observation unit shall be the enterprise as defined in Council Regulation (EEC) No 696/93(5) on the statistical units for the observation and analysis of the production system in the Community. Member States may collect data using another statistical unit as observation unit as long as they transmit Enterprise data to Eurostat.
Article 2
The obligation of the units of the survey population to supply true and complete information if called upon by the Member States referred to in Article 5(2) of the Council Regulation (EEC) No 3924/91 is to be limited to the survey population's observation units that produce products listed in the PRODCOM list.
Article 3
The obligation of Member States to adopt survey methods designed to facilitate the collection of data from units representing at least 90 % of national production per NACE class referred to in Article 3(2) of the Council Regulation (EEC) No 3924/91 is to be implemented as Member States' adoption of survey methods designed to enable the collection of data, representing at least 90 % of national production for each NACE Rev.1.1 class of sections C, D and E.
Article 4
Member States' exemption from data collection referred to in Article 3(4) of the Council Regulation (EEC) No 3924/91 is to be clarified by reference to national production of a product.
Member States need not collect data on a product, if total national production of that product is less than 1 % of the total Community production of the product in the previous year. Data on products not collected because of this exemption shall be reported as zero. Member States are to provide the necessary documentation.
Article 5
The waiver of Member States' obligation to carry out the PRODCOM survey referred to in Article 5 (3) of the Council Regulation (EEC) No 3924/91 is to be extended to cases where Member States are able to acquire the necessary data, using a combination of different sources and methods.
Article 6
In addition to the obligation to provide information at the request of Eurostat as set out in Article 5(4) of Council Regulation (EEC) No 3921/91Member States are also to provide Eurostat with the necessary information about their survey methods, samples and coverage for the purpose of documentation of compliance with the principles of the PRODCOM methodology as laid down in the manual of PRODCOM methodology.
Article 7
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 April 2004. | [
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COMMISSION REGULATION (EEC) No 3044/90
of 22 October 1990
concerning the classification of certain goods in the combined nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2658/87 (1) on the tariff and statistical nomenclature and on the Common Customs Tariff, as last amended by Regulation (EEC) No 2943/90 (2), and in particular Article 9,
Whereas in order to ensure uniform application of the combined nomenclature annexed to the said Regulation, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation;
Whereas Regulation (EEC) No 2658/87 has set down the general rules for the interpretation of the combined nomenclature and these rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivisions to it and which is established by specific Community provisions, with a view to the application of tariff or other measures relating to trade in goods;
Whereas, pursuant to the said general rules, the goods described in column 1 of the table annexed to the present Regulation must be classified under the appropriate CN codes indicated in column 2, by virtue of the reasons set out in column 3;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Nomenclature Committee as regards product Nos 1 to 3 in the annexed table,
Whereas the Nomenclature Committee has not delivered an opinion within the time limit set by its chairman, as regards product No 4 in the annexed table,
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column 1 of the annexed table are now classified within the combined nomenclature under the appropriate CN codes indicated in column 2 of the said table.
Article 2
This Regulation shall enter into force on the 21st day after its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 October 1990. | [
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COUNCIL REGULATION (EC) No 3/2008
of 17 December 2007
on information provision and promotion measures for agricultural products on the internal market and in third countries
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas:
(1)
In accordance with Council Regulations (EC) No 2826/2000 (1) and (EC) No 2702/1999 (2), the Community may implement information and promotional measures on the internal market and on third country markets for certain agricultural products. The results so far have been very encouraging.
(2)
Taking account of experience gained, the prospects for market development both within and outside the Community and the new international trade situation, it is appropriate to develop an overall, coherent information and promotion policy for agricultural products and their method of production as well as for food products based on agricultural products, on the internal market and on third country markets, without encouraging the consumption of any product on grounds of its specific origins.
(3)
In the interests of clarity, Regulations (EC) No 2702/1999 and (EC) No 2826/2000 should therefore be repealed and replaced by a single regulation, whilst maintaining the specific features of measures according to the market in which they are implemented.
(4)
Such a policy usefully supplements and reinforces the schemes run by Member States by boosting product image in the eyes of consumers in the Community and in third countries, in particular as regards the quality, nutritional value and safety of foodstuffs and the methods of production. Such action, by helping to open up new markets in third countries, is also likely to have a multiplier effect on national and private initiatives.
(5)
Criteria should be set for selecting the products and sectors concerned, and the themes and markets to be covered by the Community programmes.
(6)
It should be possible for the information and promotion measures for agricultural products in third countries to cover both products qualifying for export refunds and products not qualifying for them.
(7)
The measures should be implemented within the framework of information and promotion programmes. To ensure the consistency and effectiveness of programmes to be carried out on the internal market, guidelines for each product or sector concerned, setting out the essential elements of the Community programmes concerned, should be defined.
(8)
Given the technical nature of the tasks to be performed, the Commission should be able to be assisted by a committee of communication experts or to have recourse to technical assistants.
(9)
Financing rules should be set. As a general rule, so that proposing organisations and interested Member States assume their responsibilities, the Community should meet only part of the cost of measures. However, in exceptional cases it may be more suitable not to require any financial contribution from the Member State concerned. In the case of information on some Community schemes regarding product origin, organic production and labelling as well as on the graphic symbols laid down by agricultural legislation, in particular for extremely remote regions, financing shared between the Community and Member States may be justified by the need to provide appropriate information to the public on these relatively recent schemes.
(10)
To ensure the greatest cost-effectiveness of the measures selected, the implementation of measures should be entrusted, through appropriate procedures, to bodies with the necessary structure and expertise.
(11)
In view of the experience gained and the results achieved by the International Olive Oil Council in its promotional activities, provision should, however, be made for the Community to continue delegating to it measures falling within its sphere of responsibility. It should also be possible for the Community to seek the assistance of similar international organisations for other products.
(12)
In order to verify the proper implementation of the programmes and the impact of measures, programme implementation should be carefully monitored by Member States and the results assessed by an independent body.
(13)
Expenditure on the financing of measures under this Regulation should be classed in accordance with Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (3).
(14)
The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4),
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
1. Information and promotion measures for agricultural products and their method of production as well as for food products based on agricultural products carried out on the internal market or in third countries as listed in Article 2 may be financed, fully or in part, by the Community budget subject to the conditions laid down in this Regulation.
These measures shall be implemented as part of an information and promotion programme.
2. The measures referred to in paragraph 1 shall not be brand-oriented or encourage the consumption of any product on grounds of its specific origins. However, the origin of a product covered by these measures may be indicated in the case of designations conferred under Community rules.
Article 2
Information and promotion measures
1. The measures referred to in Article 1(1) shall be the following:
(a)
public relations work, promotion and advertising, in particular to draw attention to intrinsic features and advantages of Community products, notably the quality and safety of food, specific production methods, nutritional and health aspects, labelling, animal welfare and respect for the environment;
(b)
information campaigns, in particular on Community systems of protected designations of origin (PDOs), protected geographical indications (PGIs) and traditional speciality guaranteed (TSGs) and of organic farming, and other Community schemes for quality standards and labelling of agricultural products and foodstuffs, as well as on the graphic symbols laid down by applicable Community legislation;
(c)
information measures on the Community system for quality wines produced in specified regions (quality wines psr), wines with geographical indication and spirit drinks with geographical indication or reserved traditional indication;
(d)
impact assessment of the information and promotion measures.
2. On the internal market, the measures referred to in Article 1(1) may also take the form of participation in events, fairs and exhibitions of national or European importance, by means of stands aimed at enhancing the image of Community products.
3. In third countries, the measures referred to in Article 1(1) may also take the following form:
(a)
information measures on the Community system for table wines;
(b)
participation in events, fairs and exhibitions of international importance, in particular by means of stands aimed at enhancing the image of Community products;
(c)
studies of new markets, necessary for the expansion of market outlets;
(d)
high-level trade visits.
Article 3
Sectors and products concerned
1. The sectors and products which may be covered by the measures referred to in Article 1(1) to be implemented on the internal market shall be determined bearing in mind the following criteria:
(a)
the desirability of drawing attention to the quality, typical features, specific production method, nutritional and health aspects, safety, animal welfare or environment-friendliness of the products in question, by means of thematic or target-specific campaigns;
(b)
the implementation of a consumer information labelling system and of product traceability and control systems;
(c)
the need to tackle specific or short-term difficulties in individual sectors;
(d)
the desirability of providing information on the Community PDO, PDI, TSG and organic production schemes;
(e)
the desirability of providing information on the Community system covering quality wines psr, wines with geographical indication and spirit drinks with geographical indication or reserved traditional indication.
2. The following products in particular shall be eligible for the measures referred to in Article 1(1) to be carried out in third countries:
(a)
products intended for direct consumption or processing for which export opportunities or potential new market outlets in third countries exist, especially where export refunds will not be required;
(b)
typical or quality products displaying high added value.
Article 4
Lists of themes, products and countries eligible for these measures
The Commission shall draw up, according to the procedure referred to in Article 16(2), lists of the themes and products under Article 3 and the third countries concerned. These lists shall be revised every two years. However, if necessary, the lists may be amended in the interval through the same procedure.
In selecting the third countries, account shall be taken of the markets of third countries where there is actual or potential demand.
Article 5
Guidelines
1. For promotion on the internal market, the Commission shall, in accordance with the procedure referred to in Article 16(2), adopt guidelines to be followed defining the strategy for information and promotion programmes.
These guidelines shall provide general indications, in particular concerning:
(a)
objectives and targets to be reached;
(b)
one or more themes to be the subject of the measures selected;
(c)
the types of measures to be implemented;
(d)
the duration of programmes;
(e)
the indicative distribution, by market and type of measure envisaged, of the amount available for the Community’s financial contribution to programmes.
With regard to the promotion of fresh fruit and vegetables, particular attention shall be paid to promotion measures intended for children in schools.
2. For promotion in third countries, the Commission may, in accordance with the procedure referred to in Article 16(2), adopt guidelines defining the strategy to be followed in proposals for information and promotion programmes for some or all of the products referred to in Article 3(2).
Article 6
Organisations responsible for implementing information and promotion measures
1. To implement the measures referred to in Article 2(1)(a), (b) and (c), Article 2(2) and Article 2(3)(a), (b) and (c), in accordance with the guidelines referred to in Article 5(1) and subject to paragraph 2 of this Article, the trade and/or inter-trade organisation(s) representing the sector(s) concerned in one or more Member States or at Community level shall draw up proposals for information and promotion programmes of a maximum duration of three years.
2. Where promotion measures in third countries are decided on for the olive oil and table olive sector, the Community may implement them through the International Olive Oil Council.
In the case of other sectors, the Community may seek the help of international organisations offering similar guarantees.
Article 7
Drafting and forwarding information and promotion programmes
1. Member States shall define the specifications setting the conditions and evaluation criteria for information and promotion programmes.
The Member State(s) concerned shall examine the suitability of proposals for programmes and shall verify conformity with this Regulation, the guidelines drawn up under Article 5 and the relevant specifications. They shall also check that the programme offers value for money.
After examining the programme(s), the Member State(s) shall draw up a list of programmes selected within the limit of available funds and shall undertake to contribute to financing these programmes, where appropriate.
2. Member State(s) shall forward to the Commission the list of programmes referred to in the third subparagraph of paragraph 1, and a copy of these programmes.
If the Commission finds that a programme which has been submitted or some of the measures therein are not in line with Community rules or, for the measures to be carried out on the internal market, with the guidelines referred to in Article 5, or they do not offer value for money, it shall notify the Member State(s) concerned of the ineligibility of all or part of that programme, within a time limit to be determined, in accordance with the procedure referred to in Article 16(2). Once this time limit has been exceeded and no such notification is sent, the programme shall be deemed eligible.
Member State(s) shall take account of any observations made by the Commission and shall forward to it the revised programmes in accordance with the proposing organisation(s) referred to in Article 6(1) within a time limit to be set under the procedure referred to in Article 16(2).
Article 8
Selection of information and promotion programmes
1. The Commission shall decide, in accordance with the procedure referred to in Article 16(2) which programmes are to be selected and the corresponding budgets. Priority shall be given to the programmes proposed by several Member States or providing for measures in several Member States or third countries.
2. In accordance with the procedure referred to in Article 16(2), the Commission may set lower or higher limits to the actual costs of the selected programmes, in line with paragraph 1 of this Article. These limits may be adjusted according to the type of programmes concerned. The criteria applied may be defined in accordance with the procedure referred to in Article 16(2).
Article 9
Procedure to be followed in case of an absence of information programmes for the internal market
1. In the absence of programmes to be carried out on the internal market for one or more of the information measures referred to in Article 2(1)(b) submitted in accordance with Article 6(1), each interested Member State shall draw up, on the basis of the guidelines referred to in Article 5(1), a programme and its specification and shall select through a public call for tenders the implementing body for the programme it undertakes to co-finance.
2. The Member State(s) shall submit to the Commission the programme selected in accordance with paragraph 1, accompanied by a reasoned opinion including:
(a)
the desirability of the programme;
(b)
the conformity of the programme and the proposed body with this Regulation and, where necessary, with the applicable guidelines;
(c)
an assessment of the programme’s value for money.
3. For the purposes of the Commission’s examination of the programmes, Article 7(2) and Article 8(1) shall apply.
4. In accordance with the procedure referred to in Article 16(2), the Commission may set lower or higher limits to the actual costs of the programmes submitted in line with paragraph 2 of this Article. These limits may be adjusted according to the type of programmes concerned. The criteria applied may be defined in accordance with the procedure referred to in Article 16(2).
Article 10
Information and promotion measures to be implemented at the Commission’s initiative
After informing the committee referred to in Article 16(1) or, where necessary, the committee set up by Article 14(1) of 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 (5), the Standing Committee on Protected Geographical Indications and Protected Designations of Origin set up by Article 15(1) of 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 (6) or the Standing Committee on Traditional Specialities Guaranteed set up by Article 18(1) of Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (7), the Commission may decide to carry out one or more of the following measures:
(a)
for measures to be carried out on the internal market and in third countries:
(i)
the measures referred to in Article 2(1)(d) of this Regulation;
(ii)
the measures referred to in Article 2(1)(b) and (c), and Article 2(2) of this Regulation, where these measures are of Community interest or where no appropriate proposal has been submitted in accordance with Articles 6 and 9 of this Regulation;
(b)
for measures to be implemented in third countries:
(i)
the measures referred to in Article 2(3)(d) of this Regulation;
(ii)
the measures referred to in Article 2(1)(a) and Article 2(3)(a), (b) and (c) of this Regulation, where these measures are of Community interest or where no appropriate proposal has been submitted in accordance with Articles 6 and 9 of this Regulation.
Article 11
Bodies responsible for implementing the programmes and measures
1. The Commission shall use an open or restricted call for tenders to select:
(a)
any technical assistants needed to evaluate proposals for the programmes provided for in Article 7(2), including the proposed implementing bodies;
(b)
the body or bodies responsible for implementing the measures referred to in Article 10.
2. After inviting competitive offers by all appropriate means, the proposing organisation shall select the bodies to implement the programmes selected in accordance with Article 7(1).
However, under certain conditions to be defined in accordance with the procedure referred to in Article 16(2), the proposing organisation may be authorised to implement certain parts of the programme itself.
3. The bodies responsible for implementing information and promotion measures shall have specialist knowledge of the products and markets concerned and have the resources necessary to ensure that the measures are implemented as effectively as possible, taking account of the European dimension of the programmes concerned.
Article 12
Monitoring of programmes
1. A Monitoring Group, comprising representatives of the Commission, the Member States concerned and the proposing organisations, shall monitor the programmes selected in accordance with Articles 8 and 9.
2. The Member States concerned shall be responsible for the proper implementation of the programmes selected in accordance with Articles 8 and 9 and for the relevant payments. The Member States shall ensure that the information and promotion material produced in the context of these programmes is in line with Community rules.
Article 13
Financing
1. Without prejudice to paragraph 4, the Community shall fully fund the measures referred to in Article 10. The Community shall also fully fund the costs to cover the technical assistants selected in accordance with Article 11(1)(a).
2. The Community’s financial participation in the programmes selected under Articles 8 and 9 shall not exceed 50 % of the actual cost of these programmes. Where information and promotion programmes have a duration of two or three years, the participation for each year of implementation shall not exceed this ceiling.
The percentage referred to in the first subparagraph shall be 60 % for measures for the promotion of fruit and vegetables intended specifically for children in schools of the Community.
3. Proposing organisations shall participate in the funding of the programmes they propose to a level of at least 20 % of the actual costs of the programmes, with the remaining funding being borne by the Member States concerned, where appropriate, taking account of the Community’s financial participation referred to in paragraph 2.
The share paid by the Member States and the proposing organisations respectively shall be fixed when the programme is submitted to the Commission in accordance with Article 7(2).
The payments made by Member States or proposing organisations may come from parafiscal charges or mandatory contributions.
4. Where Article 6(2) applies, the Community shall, after approving the programme, grant an appropriate contribution to the international organisation concerned.
5. For the programmes referred to in Article 9, the Member States concerned shall be responsible for the share of the financing not covered by the Community.
Member States’ financing may come from parafiscal charges.
6. Articles 87, 88 and 89 of the Treaty shall not apply to the financial participations of Member States nor to the financial participations from parafiscal charges or mandatory contributions of Member States or proposing organisations for programmes eligible for Community support under Article 36 of the Treaty, that the Commission has selected in accordance with Article 8(1) of this Regulation.
Article 14
Community expenditure
Community financing of the measures referred to in Article 1(1) shall be held to fall, according to the case, under Article 3(1)(d) or Article 3(2)(b) of Regulation (EC) No 1290/2005.
Article 15
Implementing rules
The detailed rules for implementing this Regulation shall be adopted in accordance with the procedure referred to in Article 16(2).
Article 16
Committee procedure
1. The Commission shall be assisted by the Management Committee for the common organisation of agricultural markets set up by Article 195 of 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) (8).
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
Article 17
Consultation
Before drawing up the lists provided for in Article 4, defining the guidelines under Article 5, approving the programmes referred to in Articles 6 and 9, taking a decision on the measures in accordance with Article 10 or adopting the detailed implementing rules under Article 15, the Commission may consult:
(a)
the Advisory Group on Promotion of Agricultural Products set up by Commission Decision 2004/391/EC (9);
(b)
ad hoc technical working groups comprised of members of the committee or experts in promotion and advertising.
Article 18
Report
By 31 December 2010, the Commission shall submit to the European Parliament and the Council a report on the application of this Regulation, together with any appropriate proposals.
Article 19
Repeal
Regulations (EC) No 2702/1999 and (EC) No 2826/2000 are hereby repealed.
References made to the repealed Regulations shall be construed as references to this Regulation and shall be read in accordance with the correlation table in the Annex.
Article 20
Entry into force
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, 17 December 2007. | [
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Commission Decision
of 10 August 2001
on the granting of aid for the production of table olives in Portugal
(notified under document number C(2001) 2491)
(Only the Portuguese text is authentic)
(2001/670/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 5(4) thereof,
Whereas:
(1) Article 5(4) of Regulation No 136/66/EEC grants the Member States the possibility of allocating part of their national guaranteed quantities and of their olive-oil production aid to support for table olives under conditions to be approved by the Commission in accordance with the procedure laid down in Article 38 of that Regulation.
(2) Portugal has presented a request in respect of the 2001/02, 2002/03 and 2003/04 marketing years.
(3) Provision should be made for the aid to be granted to growers of processed table olives from olive groves in Portugal and the conditions governing the granting of the aid should be specified.
(4) The processing period should be defined as running from 1 September to 31 August. Olives which have undergone initial treatment in brine lasting at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption should be deemed to be processed olives.
(5) The weight of processed table olives on which aid is payable and the equivalence between processed table olives and olive oil should be determined for the purposes of calculating the unit aid on table olives and of administering the national guaranteed quantities.
(6) Undertakings processing table olives must be approved in accordance with conditions to be determined.
(7) Provisions should be laid down for checks on aid for table olives. Those provisions must in particular cover crop declarations by table-olive growers, notifications by processors of the quantities of olives delivered by growers and leaving the processing chain, and the obligations on paying agencies regarding controls. Provision should be made for penalties on table-olive growers where their declarations conflict with the results of checks conducted.
(8) The information needed for calculating the aid to be granted to growers of processed table olives should be determined. An advance on the aid may be granted under certain conditions.
(9) Portugal must notify the Commission of the national measures adopted for the purposes of applying this Decision and of the information used for calculating the advance on the aid and the definitive aid.
(10) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS DECISION:
Article 1
For the 2001/02, 2002/03 and 2003/04 olive-oil marketing years, Portugal is hereby authorised to grant aid for the production of table olives in accordance with this Decision.
Article 2
1. Aid for the production of table olives shall be granted to growers of olives which come from olive groves in Portugal and are sent to approved processing undertakings for processing into table olives.
2. For each olive-oil marketing year aid shall be granted for table olives processed between 1 September of the preceding marketing year and 31 August of the marketing year concerned.
3. Within the meaning of this Decision, "processed table olives" means olives that have undergone initial treatment in brine for at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption.
Article 3
1. For the purposes of calculating the unit aid on table olives and of administering the national guaranteed quantities of olive oil, 100 kg of processed table olives shall be deemed to be equivalent to 11,5 kg of olive oil eligible for production aid as provided for in Article 5 of Regulation No 136/66/EEC.
2. The weight of processed table olives to be taken into consideration shall be the drained net weight of whole olives after processing, possibly bruised but not stoned.
Article 4
1. Approval numbers shall be allocated to undertakings which:
- submit an application for approval by 30 September preceding the olive-oil marketing year in question, accompanied by the information referred to in paragraph 2 and the commitments referred to in paragraph 3,
- market processed table olives, with or without additional preparation,
- have plant capable of processing at least 30 tonnes of olives per year.
2. Applications for approval shall include at least:
- a description of the processing plant and storage facilities, with details of their capacity,
- a description of the forms of table-olive preparations marketed, indicating the processing coefficient for each of them,
- details of stocks of table olives at various stages of preparation, by form of preparation, as at 1 September preceding the olive-oil marketing year in question.
3. For the purposes of approval, processors shall undertake:
- to keep table olives on which aid is payable separate from table olives originating in non-member countries and those on which aid is not payable when taking delivery of, processing and storing them,
- to keep stock accounts covering table olives, linked to the financial accounts and indicating, for each day:
(a) the quantities of olives entering the establishment, showing each consignment separately and identifying the grower of each;
(b) the quantities of olives sent for processing and the quantities of table olives processed within the meaning of Article 2(3);
(c) the quantities of table olives for which the process of preparation has been completed;
(d) the quantities of table olives leaving the undertaking, broken down by form of preparation and indicating the consignees,
- to provide the grower as referred to in Article 2(1) and the competent body with the documents and the information referred to in Article 6 in accordance with the conditions laid down therein,
- to submit to all checks provided for under this Decision.
4. Approval shall be refused or immediately withdrawn where undertakings:
- fail to comply or no longer comply with the conditions for approval, or
- are prosecuted by the competent authorities for irregularities in respect of the arrangements provided for in Regulation No 136/66/EEC, or
- have been penalised for an infringement to that Regulation within the past 24 months.
Article 5
For the purposes of granting the aid for the production of table olives, in addition to the crop declaration laid down for olive-oil production aid, by 1 December of the current marketing year growers shall lodge a supplementary declaration or, as appropriate, a new declaration containing the same information as the crop declaration for olive oil but referring to table olives.
Where the information concerned has already been furnished by a crop declaration for olive oil and has not been subject to modification, the supplementary declaration shall simply indicate the references to the crop declaration and the parcels concerned.
The declarations concerning table olives shall be included in the alphanumeric database provided for in connection with the aid scheme for olive oil production.
Article 6
1. On delivery of the final consignment of olives and no later than 30 June, approved undertakings shall issue growers as referred to in Article 2(1) with a certificate of delivery showing the net weight of olives entering the undertaking.
The certificate must be supported by all the documentation relating to the weight of the olive consignments delivered.
2. Approved undertakings shall notify the competent body and the control agency:
(a) by the 10th day of each month, of:
- the quantities of olives received, sent for processing and processed within the meaning of Article 2(3) in the course of the previous month,
- the quantities of olives prepared and sent out, broken down by form of preparation, in the course of the previous month,
- the aggregate quantities referred to in the first two indents and the stock situation at the end of the previous month;
(b) before 1 July, of the names of growers as referred to in Article 2(1) for the processing period referred to in Article 2(2) and of the quantities covered by certificates issued to them in accordance with paragraph 1;
(c) before 1 June, of the total quantities delivered for the processing period referred to in Article 2(2) and of the corresponding total quantities processed.
Article 7
1. Before 1 July of the current marketing year, table-olive growers shall lodge aid applications, directly or indirectly, with the competent body, containing at least the following details:
- the name and address of the grower,
- the location of the holdings and the parcels where olives were harvested, with a reference to the relevant crop declaration,
- the approved undertaking to which the olives were delivered.
Such applications shall be accompanied by certificates of delivery as referred to in Article 6(1).
Where applicable, applications may be accompanied by an application for an advance on the aid.
2. Applications lodged after the deadline shall incur a penalty consisting of a reduction of 1 % of the amount to which the grower would have been entitled had the application been lodged by the due date, for each working day of delay. Applications lodged more than 25 days late shall be refused.
Article 8
1. Before the definitive payment of the aid, the competent body shall carry out the controls required to check:
- the quantities of olives covered by certificates of delivery issued,
- the quantities of table olives processed, broken down by grower.
Controls shall involve:
- several physical inspections of goods in stock and a check of the accounts of approved undertakings,
- stricter checks of aid applications from olive growers applying for aid on both table olives and olive oil.
2. Portugal shall see that all the necessary controls are in place to ensure that:
- entitlement to table-olive production aid is respected,
- olives entering an undertaking approved under this Decision are excluded from eligibility for olive-oil production aid,
- no more than one aid application is lodged for the same olives.
3. Without prejudice to the penalties laid down by Portugal, no aid shall be granted to growers as referred to in Article 2(1) whose declarations as provided for in Article 5 or whose aid applications in accordance with Article 7 prove to conflict with the results of checks conducted. However, Article 15 of Commission Regulation (EC) No 2366/98(3) shall apply mutatis mutandis.
Article 9
1. Growers as referred to in Article 2(1) may receive an advance on the aid requested. The advance shall be equal to the unit amount referred to in Article 17a(1) of Council Regulation (EEC) No 2261/84(4), multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting advances to growers, the quantity of table olives processed shall be determined by applying a provisional processing coefficient to the quantity appearing in the certificate of delivery, as confirmed by the further information notified to the competent body. That coefficient shall be established by the competent body depending on the data available on the approved undertaking concerned. However, the quantity of table olives taken into consideration may not exceed 90 % of the quantity of table olives delivered.
2. Advances on the aid shall be paid from 16 October of the current marketing year to growers applying therefor in accordance with Article 7(1).
Article 10
1. Without prejudice to the reductions provided for in Article 20d of Regulation No 136/66/EEC, the aid shall be equal to the unit amount referred to in Article 17a(2) of Regulation (EEC) No 2261/84, multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting the aid to growers as referred to in Article 2(1), the quantity of table olives processed shall be determined by applying a processing coefficient for the undertaking concerned to the quantity appearing in the certificate of delivery, as confirmed by the further information notified to the competent body. That coefficient shall be equal to the ratio between the total quantity of table olives processed on the one hand, and the total quantity of table olives covered by certificates of delivery issued on the other hand, in respect of the olive-oil marketing year concerned.
Where the quantity of processed olives corresponding to the quantity set out in the certificate of delivery cannot be established, the quantities of table olives processed for the growers concerned shall be calculated on the basis of the average coefficient for the other undertakings. However, without prejudice to any claims which the olive growers concerned might make against the undertaking, that quantity of processed olives may not exceed 75 % of the quantity shown in the certificate of delivery.
2. Once the controls referred to in Article 8 have been carried out, the aid or, where applicable, the balance of the aid shall be paid to the grower in full within 90 days of fixing by the Commission of the unit amount thereof.
Article 11
Portugal shall notify the Commission:
- without delay, of the national measures taken pursuant to this Decision,
- before 1 August of each marketing year, of the quantities of olive oil equivalent to the estimated output of table olives processed and of the provisional processing coefficients for that estimate,
- before 16 June of each subsequent marketing year, of the quantities of olive oil equivalent to the actual output of table olives processed and of the processing coefficients adopted.
Article 12
This Decision shall apply from 1 September 2001.
Article 13
This Decision is addressed to the Portuguese Republic.
Done at Brussels, 10 August 2001. | [
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Commission Decision
of 27 February 2001
amending Decision 98/357/EC establishing the list of approved fish farms in Italy
(notified under document number C(2001) 459)
(Text with EEA relevance)
(2001/187/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 6 thereof,
Whereas:
(1) The Member States may obtain the status of approved free of infectious haematopietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS) for fish farms located in zones that are non-approved in respect of IHN and VHS.
(2) The list of approved fish farms in Italy was established by Commission Decision 98/357/EC(3).
(3) Italy has submitted to the Commission the justifications for obtaining the status of approved farm in a non-approved zone in respect of IHN and VHS for two additional fish farms in the autonomous province of Trento, as well as the national rules ensuring compliance with the requirements for maintenance of the approved status.
(4) The Commission and the Member States examined the justifications notified by Italy for each farm.
(5) The result of this examination is that these two farms meet the requirements of Article 6 of Directive 91/67/EEC.
(6) Therefore, these farms are eligible for the status of approved farm situated in a non-approved zone.
(7) The two farms of concern should be added to the list of farms, which have already been approved.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Commitee,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 98/357/EC is hereby replaced by the Annex hereto.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 27 February 2001. | [
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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
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3877/86 of 16 December 1986 on imports of rice of the long-grain aromatic Basmati variety (1), as last amended by Regulation (EEC) No 3130/91 (2), and in particular Article 3 thereof,
Whereas Regulation (EEC) No 3877/86 provides that, for the period 1 to 30 June 1996, a levy equal to 75 % of that calculated in accordance with Article 11 of Council Regulation (EEC) No 1418/76 (3), as last amended by Regulation (EEC) No 1806/89 (4), is applicable to imports of an annual quantity up to the equivalent of 10 000 tonnes of husked rice, of rice of the long-grain aromatic Basmati variety hereinafter referred to as Basmati rice; whereas the reduction in levy is subject to the condition that the reduced levy must not be less than the difference between the free-at-frontier price for Basmati rice and the threshold price for long-grain rice;
Whereas detailed rules for the application of the abovementioned Regulation are laid down by Commission Regulation (EEC) No 833/87 (5), as last amended by Regulation (EEC) No 674/91 (6); whereas experience suggests that some amendments should be made to these detailed rules and inserted, for the sake of readability, in a new text containing all the rules applicable;
Whereas morphological characteristics alone do not enable Basmati rice to be distinguished from other long-grain rice; whereas a certificate of authenticity of the product should therefore be issued by competent authorities recognized by the Commission in the exporting countries;
Whereas the import licences provided for in Regulation (EEC) No 3877/86 are issued with a view to the application of a reduced levy; whereas, with this in mind and having regard to the system provided for in Article 1 of Regulation (EEC) No 3877/86, it is appropriate to provide for licence applications to be accompanied by advance fixing of the levy;
Whereas, to enable the Commission to implement, where appropriate, Article 2 of Regulation (EEC) No 3877/86, provision should be made to require the Member States to notify to the Commission on a daily basis the quantities of Basmati rice in respect of which import licences have been applied for;
Whereas, because issue of the import licence is subject to presentation of the certificate of authenticity issued by the exporting country, it is necessary to provide for import licences to have a special period of validity which is greater than that provided for in Commission Regulation (EEC) No 891/89 of 7 April 1989 on special detailed rules for the application of the system of import and export licences for cereals and rice (7), as last amended by Regulation (EEC) No 675/91 (8);
Whereas, since the quota of 10 000 tonnes of husked Basmati rice is for one calendar year, the quantity which may be imported from 1 July to 31 December 1991 and from 1 January to 30 June 1996 should be limited to the equivalent of 5 000 tonnes of husked rice;
Whereas Basmati rice is harvested in regions situated in two countries; whereas import licences giving entitlement to the reduction in the levy may be issued for a maximum annual quantity of 10 000 tonnes only; whereas as a result some operators possessing certificates of authenticity may not be able to obtain an import licence under Regulation (EEC) No 3877/86;
Whereas, in order to facilitate monitoring of the imports in question, the issue of import documents should be restricted to enterprises which give some guarantee, applications by a single enterprise should be submitted in only one Member State and import documents should not be transferable;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. The arrangements provided for in Regulation (EEC) No 3877/86 shall apply to Basmati rice falling within CN codes ex 1006 10 27, ex 1006 10 98, ex 1006 20 17, ex 1006 20 98, ex 1006 30 27, ex 1006 30 48, ex 1006 30 67 and ex 1006 30 98 placed in free circulation providing that it is covered by import licences issued subject to the presentation of a certificate of authenticity issued by the competent authorities recognized by the Commission in the exporting country and listed in Annex I hereto.
2. Without prejudice to Article 6 (2), the total quantity specified in Article 2 of Regulation (EEC) No 3877/86 shall be allocated at a rate of 3 500 tonnes of husked rice equivalent for each of the first two four-month periods of a year and 3 000 tonnes for the third four-month period. Any quantity which is not allocated during one four-month period may be added to that for the following four-month period.
Article 2
1. An original and three copies of different colours of the certificate of authenticity shall be drawn up using a form, a specimen of which appears in Annex II hereto.
The size of the form shall be approximately 210 mm × 297 mm. The original shall be drawn up on paper so that any mechanical or chemical forgery can be detected.
2. The forms shall be printed and completed in English.
3. 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.
4. Each certificate of authenticity shall bear a serial number in the right-hand uppermost box. The copies shall bear the same numbers as the original.
5. The issuing body shall keep two copies and shall hand over the original and one copy to the applicant.
Article 3
The certificate of authenticity shall be valid for 90 days from its date of 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.
Article 4
1. The application for an import licence shall be submitted to the competent authorities of the Member States, and shall include an application for advance fixing of the levy valid on the day it is submitted.
Notwithstanding Article 12 (b) of Regulation (EEC) No 891/89, the security shall be equal to 25 % of the levy which, on the day the application is submitted, would normally be applicable in the case of the product concerned.
2. Without prejudice to Article 6 (2), applications for import licences shall be valid only if lodged on the first five working days of January, May and September.
3. Notwithstanding Article 8 (4) of Commission Regulation (EEC) No 3719/88 (9), the quantity released for free circulation may exceed that indicated in boxes 17 and 18 of the import licence. The figure zero shall be entered to that effect in box 19 of the licence.
4. Applications for licences shall be admissible only if:
- they are submitted by a natural or legal person who at the time the application is submitted has been engaged for at least 12 months in a commercial activity in the cereals and/or rice sector and who is entered in the public register of a Member State,
- applications by the same applicant do not exceed 1 000 tonnes of husked rice equivalent per application period. Conversion into husked equivalent shall be on the basis of the conversion rates laid down in Commission Regulation No 467/67/EEC (10),
- the applicant declares in writing that he has not submitted and undertakes not to submit applications for the same product in Member States other than that in which the application has been made; where the applicant submits applications in two or more Member States, all the applications shall be inadmissible.
Article 5
1. Not later than the 13th day after the expiry of the time limit for submitting applications for licences the Commission shall notify the Member States by telex:
- that licences may be issued in respect of all the quantities applied for and notified to it pursuant to Article 7 (a),
or
- of the standard percentage reduction which must be applied to the quantities applied for and notified to it,
or
- that the conditions laid down in Article 1 of Regulation (EEC) No 3877/86 for entitlement to a reduced levy have not been met.
2. Licences shall be issued, for the quantities applicable under paragraph 1, provided that the applicant submits the original and a copy of the certificate of authenticity specifying a quantity, equal to that applicable under the said paragraph 1. The original of the certificate of authenticity shall be kept by the body issuing the import licence, which shall certify that the copy corresponds to the original. The party concerned must present the copy to the customs authorities when the product to which it relates is released for free circulation.
Where the quantity for which the import licence is issued is less than that applied for, the security required under Article 4 (1) shall be reduced accordingly.
3. The import licence shall include:
(a) in box 20, one of the following:
Exacción reguladora reducida Basmati, certificado de autenticidad no . . ., emitido por . . .,
Reduceret afgift Basmati, aegthedscertifikat nr. . . ., udstedt af . . .,
Ermaessigte Abschoepfung Basmati, Echtheitszeugnis Nr. . . ., ausgestellt von . . .,
ÌaaéùìÝíç aaéóoeïñUE Basmati, ðéóôïðïéçôéêue ãíçóéueôçôáò áñéè. . . ., aaêaeueèçêaa áðue . . .,
Reduced levy Basmati, certificate of authenticity No . . ., issued by . . .,
Prélèvement réduit Basmati, certificat d'authenticité no . . ., émis par . . .,
Prelievo ridotto Basmati, certificato di autenticità n. . . ., emesso da . . .,
Verlaagde heffing Basmati, echtheidscertificaat nr. . . ., afgegeven door . . .,
Direito nivelador reduzido Basmati, certificado de autenticidade no . . ., emitido por . . .;
(b) in box 8, the country or territory in which the product originates.
The product must be imported from the country of origin stated on the licence.
4. Notwithstanding Article 9 of Regulation (EEC) No 891/89, import licences shall be valid from the day on which they are issued, within the meaning of Article 21 (1) of Regulation (EEC) No 3719/88, until the end of the third month following that of issue.
5. Notwithstanding Article 9 of Regulation (EEC) No 3719/88, the rights arising from the import licence shall not be transferable.
However, where the quantity for which the licence is issued does not exceed 20 tonnes, the licence may be cancelled, and the security concerned released, if the party concerned submits a request to that effect to the agency which issued the licence. Where a licence is cancelled the competent agency of the Member State concerned must, within two days of the said cancellation, communicate the quantity concerned.
Article 6
1. Of the quantity referred to in Article 2 of Regulation (EEC) No 3877/86, only 3 450 tonnes of rice falling within CN codes ex 1006 30 27, ex 1006 30 48, ex 1006 30 67 and ex 1006 30 98 may be placed in free circulation; the remaining quantities must consist of rice falling within codes ex 1006 10 27, ex 1006 10 98, ex 1006 20 17 and ex 1006 20 98.
2. The quantity for allocation in January 1992 shall be 8 500 tonnes of husked rice equivalent. Import applications in respect of this quantity shall be admissible during the last five working days of January 1992.
For the period from 1 January 1996 to 30 June 1996 the maximum quantity to be placed in free circulation under this Regulation shall be 5 000 tonnes of husked rice equivalent. Import applications in respect of this quantity shall be admissible during the first five working days of 1996.
Article 7
The Member States shall forward to the Commission, by telex, the following information:
(a) not later than the second working day following the expiry of the period during which applications may be submitted, the quantities of rice, in respect of each CN code concerned, for which applications for import licences have been submitted pursuant to Article 1 of Regulation (EEC) No 3877/86, and the names and addresses of the applicants;
(b) not later than two working days following their issue, the quantities of rice, in respect of each CN code concerned, for which import licences have been issued, stating the date and the exporting country and the names and addresses of the holders;
(c) on the last working day of the month following that in which the rice was placed in free circulation, the quantities of Basmati rice, by CN code and by country of origin, which have been placed in free circulation.
Similarly, the Commission must be notified accordingly if no application has been submitted, no licence issued or no quantity imported during the period concerned.
Article 8
Pursuant to Regulation (EEC) No 3877/86, the Commission shall fix, for the periods during which applications are admissible, the levies to be applied to imports.
Article 9
Regulation (EEC) No 833/87 is hereby repealed.
Article 10
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, 15 January 1992. | [
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Subsets and Splits