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COUNCIL REGULATION (EC) No 1582/2006
of 24 October 2006
amending Regulation (EEC) No 1907/90, as regards the derogation on egg washing
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular Article 2(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
Article 6(4) of Council Regulation (EEC) No 1907/90 of 26 June 1990 on certain marketing standards for eggs (2) lays down the criteria for the derogation enabling packing centres to continue to wash eggs until 31 December 2006. A derogation has been granted to nine packing centres in Sweden and one in the Netherlands.
(2)
Regulation (EEC) No 1907/90 has been repealed by Council Regulation (EC) No 1028/2006 of 19 June 2006 on marketing standards for eggs (3) with effect from 1 July 2007. Accordingly, the transitional period for egg washing should be extended until that date.
(3)
Regulation (EEC) No 1907/90 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
In the first subparagraph of Article 6(4) of Regulation (EEC) No 1907/90, the date ‘31 December 2006’ shall be replaced by the date ‘30 June 2007’.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 24 October 2006. | [
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COUNCIL REGULATION (EEC) No 1910/91 of 28 June 1991 opening and providing for the adminsitration of Community tariff quotas for certain agricultural products originating in Cyprus, Morocco, Israel, Tunisia and Egypt (1991/92)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the relevant articles and the Additional Protocols to the Agreements between the European Economic Community, on the one hand, and the Kingdom of Morocco (1), the State of Israel (2), the Tunisian Republic (3) and the Arab Republic of Egypt (4), on the other, an the Protocol defining the conditions and procedures for the implementation of the second stage of the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus and adapting certain provisions of the Agremeent (5) provide for the opening of Community tariff quotas for:
- 86 000 tonnes of tomatoes, fresh or chilled, falling within CN code ex 0702 00 10 originating in Morocco (15 November to 30 April), of which 15 000 tonnes in April,
- 300 tonnes of aubergines, falling within CN code ex 0709 30 00 originating in Cyprus (1 October to 30 November),
- 100, 450 and 100 tonnes of Chinese cabbage, falling wihtin CN code ex 0704 90 90 originating in Morocco, Israel and Cyprus respectively (1 November to 31 December),
- 100, 250 and 100 tonnes of 'Iceberg' lecture, falling wihtin CN codes ex 0705 11 10 and ex 0705 1190 originating in Morocco, Israel and Cyprus respectively (1 November to 31 December),
- 265 000 tonnes, 293 000 tonnes and 7 000 tonnes or oranges, fresh, falling within CN code ex 0805 10 originating in Morocco, Israel, Tunisia and Egypt respectively (1 July to 30 June),
- 14 200 tonnes of fresh mandarins, clementines, etc, falling within CN code ex 0805 20 originating in Israel (1 July to 30 June);
Whereas, however, the quotas relating to Cyprus must be increased in equal steps of 5 % per annum, starting with the entry into force of the abovementioned Protocol, by virtue of its Articles 18 and 19; whereas for 1991 they will therefore be at the levels indicated in Article I;
Whereas, to take into account the fact that, for fresh oranges, Morocco and Tunisia benefit in the period 16 October to 30 April from a customs duty less than that in Spain and Portugal; whereas these tariff quotas should be opened for the periods 1 July to 15 October 1991 and 1 May to 30 June 1992; whereas, taking into account the seasonal nature of the imports of these products, the volume of these quotas should be fixed at the level of the traditional average imports in these periods, that is to say, 103 242 tonnes for Morocco and 1 051 tonnes for Tunisa respectively;
Whereas, under these tariff quotas, customs duties are to be abolished progressively:
- over the same periods and in accordance with the same timetables as laid down in Articles 75 and 268 of the Act of Accession of Spain and Portugal in the case of the tariff quotas opened for Morocco, Israel, Tunisia and Egypt,
- in accordance with the timetable and conditions laid down in Article 5 and 16 of the abovementioned Protocol and Cyprus in the case of the tariff quotas opened for Cyprus;
Whereas Council Regulations (EEC) No 4162/87 of 21 December 1987 laying down arrangements for Spain's and Portugal's trade with Israel (6), (EEC) No 3189/88 of 14 October 1988 laying down the arrangements to be applied by Spain and Portugal to trade with Morocco and Syria (7), (EEC) No 2573/87 of 11 August 1987 laying down the arrangements for trade between Spain and Portugal on the one hand and Algeria, Egpyt, Jordan, Lebanon, Tunisia and Turkey on the other (8), and the Protocol to the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community (9) provide that Spain and Portugal shall apply duties which progressively reduce the gap between the base duty rates and the preferential duty rates, whereas the Community tariff quotas in question should therefore be opened for the periods mentioned in Article 1;
Whereas all Community importers should be ensured equal and continuous access to the said quotas and the duty rates laid down for the quotas should be applied consistently to all imports of the products in question into all Member States until the quotas are exhausted; whereas the necesaary measures should be taken to provide for effective Community mangement of the quotas, so that the Member States may draw against the quotas such quantities as they may need, corresponding to actual imports; whereas this method of administration requires close cooperation between the Member States and the Commission;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any operation concerning the adminsitration of these quotas may be carried out by any of its members,
HAS ADOPTED THIS REGULATION:
Article 1
The customs duties applicable to imports into the Community of the products listed below originating in Cyprus, Morocco, Israel, Tunisia and Egypt shall be suspended during the periods, at the levels and within the limits of the Community tariff quotas shown below:
Order No CN code (a) Description Origin Quota volume (in tonnes) Rate of (duty %) (1) (2) (3) (4) (5) (6) 09.1117 ex 0702 00 10 Tomatoes fresh or chilled, from 15 November 1991 to 30 April 1992 Morocco 86 000 - from 15 November to 31 December: 3,6 MIN
ECU 0,6/100 kg/net
- from 1 January to to 29 February:
ECU 0,2/100 kg/net (1)
- from 1 March to 30 April: 2,4 MIN
ECU 0,4/100 kg/net Of which: 09.1118 ex 0702 00 10 Tomatoes, fresh or chilled, from 1 to 30 April 1992 Morocco 15 000 2,4 MIN
ECU 0,4/100 kg/net 09.1405 ex 0709 30 00 Aubergines, from 1 October to 30 November 1991 Cyprus 360 4,0 09.1109
09.1311
09.1425 ex 704 90 90 Aubergines, from 1 November to 31 December 1991 Morocco
Israel
Cyprus 100
450
120 6,8 6,8 9,6 09.1111
09.1313 ex 0705 11 10
ex 0705 11 90 'Iceberg' lettuce (Lactuca sativa L., capitata L), from 1 November to 31 December 1991 Morocco
Israel 100
250 - from 1 to 30 November: 5,0 MIN
ECU 0,5/100 kg/br - from 1 to 31 December: 4,3 MIN
ECU 0,5/100 kg/br 09.1427 Cyprus 120 - from 1 to 30 November: 9,6 MIN
ECU 1,6/100 kg/br - from 1 to 31 December: 8,3 MIN
ECU 1,0/100 kg/br 09.1323 0805 10 11
0805 10 15
0805 10 19 Fresh oranges, from 1 July 1991 to 30 June 1992 Israel
Egypt 293 000
7 000 2,8 09.1707 0805 10 21
0805 10 25
0805 10 29 0 0805 10 31
0805 10 35
0805 10 39 0 0805 10 41
0805 10 45
0805 10 49 - from 16 October to 31 December 1991: 6,6
- from 1 January to 31 March 1992: 4,4 ex 0805 10 70 - from 1 July to 15 October 1991: 5,0
- from 1 April to 30 June 1992: 3,3 ex 0805 10 90 - from 16 October to 31 December 1991: 6,6
- from 1 January to 31 March 1992: 4,4 09.1121
09.1207 0805 10 21
0805 10 25
0805 10 29
0805 10 31
0805 10 35
0805 10 39 Fresh oranges, from 1 July to 15 October 1991 and from 1 May to 30 June 1992 Morocco
Tunisia 103 242
1 051 0
0 09.1325 ex 0805 20 10
ex 0805 20 30
ex 0805 20 50
ex 0805 20 70
ex 0805 20 90 Madarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids, fresh, from 1 July 1991 to 30 June 1992 Israël 14 200 - from 1 July to 31 December 1991: 6,6
- from 1 January to 30 June 1992: 4,4 ex 0805 20 90 Minneolas, fresh, from 1 July 1991 to 30 June 1992 0
(a) See Taric codes in the Annex.
(1) This specific customs duty is only levied when it exceeds 2 % ad valorem.
Within the limits of these tariff quotas, the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant provisions of Regulations (EEC) No 4162/87, (EEC) No 3189/88 and (EEC) No 2753/87 and of the Protocol to the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus consequent on the accession of Spain and Portugal to the Community.
Article 2
The tariff quotas referred to in Article 1 shall be managed by the Commission, which may take all appropriate administrative measures in order to ensure effective management thereof.
Article 3
If an importer presents in a Member State a declaration of entry for free circulation, including a request for preferential benefit for a product covered by this Regulation, and if this declaration is accepted by the customs authorities, the Member State concerned shall inform the Commission and draw an amount corresponding to its requirements from the corresponding quota amount.
Requests for drawings, indicating the date of acceptance of the said declarations, must be transmitted to the Commission without delav.
The drawings shall be granted by the Commission by reference to the date of acceptance of the declarations of entry for free circulation by the customs authorities of the Member States concerned, to the extent that the available balance so permits.
If a Member State does not use the quantities drawn, it shall return them as soon as possible to the corresponding quota amount.
If the quantities requested are greater than the available balance of the quota amount, the requests shall be met on a pro rata basis. Member States shall be informed by the Commission of the drawings made.
Article 4
Each Member State shall ensure that importers of the products concerned have equal and continuous access to the quotas for such time as the residual balance of the quota volumes so permits.
Article 5
The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 6
This Regulation shall enter into force on 1 July 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 June 1991. | [
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COMMISSION DECISION of 20 December 1994 on the conclusion on behalf of the European Coal and Steel Community and the European Atomic Energy Community of the Agreement on free trade and trade-related matters between the European Community, the European Atomic Energy Community and the European Coal and Steel Community, of the one part, and the Republic of Estonia, of the other (94/975/ECSC, Euratom)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 95 (1) thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101 (2) thereof,
Having consulted the ECSC Consultative Committee and with the assent of the Council,
Whereas, in order to achieve the objectives of the Community set out in particular in Articles 2 and 3 of the Treaty establishing the European Coal and Steel Community it is necessary to conclude the Agreement on free trade and trade-related matters; whereas the Treaty does not make provision for all the cases covered by this Decision,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement on free trade and trade-related matters between the European Community, the European Atomic Energy Community and the European Coal and Steel Community, of the one part, and the Republic of Estonia, of the other, together with the Protocols, the exchanges of letters and the declarations, are hereby approved on behalf of the European Coal and Steel Community and the European Atomic Energy Community.
These texts are attached to this Decision (1).
Article 2
The President of the Commission shall give the notification provided for in Article 49 of the Agreement on free trade and trade-related matters on behalf of the European Coal and Steel Community and the European Atomic Energy Community.
Done at Brussels, 20 December 1994. | [
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COMMISSION REGULATION (EC) No 2153/98 of 7 October 1998 amending Regulation (EEC) No 2173/92 laying down detailed rules for the application of specific measures adopted in respect of fruit, vegetables, plants and flowers for the benefit of the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June 1992 concerning specific measures for the Canary Islands with regard to certain agricultural products (1), as last amended by Regulation (EC) No 2348/96 (2), and in particular Articles 15(5) and 16(5) thereof,
Whereas Article 9(3) of Commission Regulation (EEC) No 2173/92 of 30 July 1992 laying down detailed rules for the application of specific measures adopted in respect of fruit, vegetables, plants and flowers for the benefit of the Canary Islands (3), as last amended by Regulation (EC) No 1363/95 (4), sets a time limit of two months between the filing of applications and the payment of aid; whereas experience gained in the administration of the measures has demonstrated that that time limit is not long enough to permit the necessary verifications and checks in view of the large number of dossiers involved; whereas the time limit should therefore be extended to three months;
Whereas if the measure is to apply to payments for the 1997/98 marketing year this Regulation should apply from 1 September 1998;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
In the first sentence of Article 9(3) of Regulation (EEC) No 2173/92, 'two` is hereby replaced by 'three`.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 September 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 October 1998. | [
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*****
COMMISSION DECISION
of 23 March 1990
authorizing Belgium not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base
(Only the Dutch and French texts are authentic)
(90/177/Euratom, EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Treaty establishing the European Atomic Energy Community,
Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular Article 13 thereof,
Whereas Council Regulation (EEC, Euratom, ECSC) No 2892/77 of 19 December 1977 implementing in respect of own resources accruing from value added tax the Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources (2) ceased to be applicable on 31 December 1988; whereas the authorizations given under Article 13 thereof must be renewed from 1 January 1989 pursuant to Article 13 of Regulation (EEC, Euratom) No 1553/89;
Whereas, under Article 28 (3) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment (3), hereinafter called 'the Sixth Directive', as last amended by Directive 84/386/EEC (4), the Member States may continue to exempt or tax certain transactions; whereas these transactions must be taken into account for the determination of the VAT resources base;
Whereas Belgium is unable to make a precise calculation of the VAT own resources base for two categories of transactions listed in Annexes E and F to the Sixth Directive; whereas such calculation is likely to involve an unjustified administrative burden in relation to the effect of these transactions on Belgium's total VAT resources base; whereas Belgium should therefore be authorized not to take these transactions into account for the calculation of the VAT base;
Whereas Belgium is able to make a calculation using approximate estimates for six categories of transactions listed in Annexes E and F to the Sixth Directive; whereas it should therefore be authorized to calculate the VAT base using approximate estimates;
Whereas the Advisory Committee on Own Resources has approved the report recording the opinions of its members on this Decision,
HAS ADOPTED THIS DECISION:
Article 1
For the purpose of calculating the VAT own resources base from 1 January 1989, Belgium is authorized, in accordance with the first indent of Article 6 (3) of Council Regulation (EEC, Euratom) No 1553/89, not to take into account the following categories of transactions referred to in Annexes E and F to the Sixth Directive:
1. Transactions referred to in Article 13 (A) (1) (f) of the Sixth Directive other than those of groups of a medical or paramedical nature (Annex E, ex point 3);
2. Services supplied by authors, artists, performers, in so far as these are not services specified in Annex B to the Second Council Directive 67/228/EEC (5);
- services rendered to conference organizers by lecturers,
- services rendered to show and concert organizers, to publishers of records and other sound recording media and to makers of films and other image-recording media by actors conductors, musicians and other artists in the context of theatrical, choreographical, cinematographical or musical productions or circus, music-hall or artistic cabaret performances, and
- services rendered to organizers of sporting competitions or events by persons taking part in these competitions or events (Annex F, ex point 2).
Article 2
For the purpose of calculating the VAT own resources base from 1 January 1989, Belgium is authorized to use approximate estimates in respect of the following categories of transactions referred to in Annexes E and F to the Sixth Directive:
1. The services of travel agents referred to in Article 26 of the Sixth Directive, and those of travel agents acting in the name and on account of the traveller, for journeys outside the Community (Annex E, point 15);
2. Services supplied by lawyers, notaries and bailiffs (for all activities), in so far as these are not services specified in Annex B to the Second Directive 67/228/EEC (Annex F, ex point 2);
3. Treatment of animals by veterinary surgeons (Annex F, point 9);
4. Supplies of land described in Article 4 (3) of the Sixth Directive (Annex F, ex point 16).
Article 3
This Decision is addressed to the Kingdom of Belgium.
Done at Brussels, 23 March 1990. | [
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COUNCIL DECISION
of 21 October 2004
on the opening of the negotiations on an agreement concerning monetary relations with the Principality of Andorra
(2004/750/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 2004/548/EC of 11 May 2004 on the position to be taken by the Community regarding an agreement concerning the monetary relations with the Principality of Andorra (1), and in particular Article 8 thereof,
Having regard to the Recommendation of the Commission (2),
Having regard to the opinion of the European Central Bank (3),
Whereas:
(1)
The opening of the negotiations on an agreement with the Principality of Andorra (hereinafter, Andorra) on monetary matters should be conditional upon the fulfilment of the necessary conditions. The prior initialling by both parties of the agreement on the taxation of income from savings, as well as the undertaking by Andorra to ratify such agreement before a date agreed with the Community, should form part of those conditions.
(2)
Andorra and the Commission have proceeded on 1 July 2004 with the initialling of the agreement providing for measures equivalent to those laid down in Council Directive 2003/48/EC of 3 June 2003 (4) on the taxation of savings income in the form of interest payments.
(3)
By virtue of the verbal note from the Ambassador of Andorra to the Community of 1 July 2004, Andorra has undertaken to ratify such agreement before 30 April 2005. This date is acceptable to the Community.
(4)
The absence of ratification by Andorra, before the agreed date, of the agreement on the taxation of income from savings should result in the suspension of the negotiations on the monetary agreement until such ratification has taken place,
HAS DECIDED AS FOLLOWS:
Sole Article
The necessary conditions for the opening of the negotiations with the Principality of Andorra on an agreement on monetary matters, as laid down in Article 8 of Decision 2004/548/EC on the position to be taken by the Community regarding an agreement concerning the monetary relations with the Principality of Andorra, have been fulfilled.
The Commission shall inform the Principality of Andorra of the Community’s readiness to conclude an agreement on monetary matters and it shall propose negotiations for such an agreement.
Done at Luxembourg, 21 October 2004. | [
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COMMISSION REGULATION (EC) No 966/2009
of 15 October 2009
amending Regulation (EC) No 657/2008 laying down rules for applying Council Regulation (EC) No 1234/2007 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments
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 102 in conjunction with Article 4 thereof,
Whereas:
(1)
Experience has shown that certain products currently listed in Annex I to Commission Regulation (EC) No 657/2008 (2) are not available on the market in several Member States.
(2)
In order to ensure that a wider range of products eligible for aid can be used in Member States, the product list should be extended. As the extension of the products eligible does not entail a change in the parameters for setting out the aid rate, the aid rate for products in Category II should remain unchanged.
(3)
Experience has further shown that the definitions of cheese and sweeteners are not comprehensive; therefore those definitions should be changed.
(4)
Regulation (EC) No 657/2008 should therefore be amended accordingly.
(5)
The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 657/2008 is replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 October 2009. | [
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COMMISSION REGULATION (EC) No 114/2009
of 6 February 2009
laying down transitional measures for the application of Council Regulation (EC) No 479/2008 as regards the references to wines with a protected designation of origin and a protected geographical indication
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999 (1), and in particular Article 126(a) thereof,
Whereas:
(1)
Article 34 of Regulation (EC) No 479/2008 defines, with the applicability from 1 August 2009, the classes of wines with protected designation of origin and of the wines with protected geographical indication.
(2)
According to Article 10(2) of Regulation (EC) No 479/2008, information or promotion measures supported under that Article shall relate to wines with a protected designation of origin or geographical indication or wines with an indication of the wine grape variety.
(3)
Article 65(1)(c)(vi) and (xiii) of Regulation (EC) No 479/2008 provides for the recognition of inter-branch organisations providing information on particular characteristics of wine with a protected designation of origin or geographical indication and exploiting, protecting and promoting quality labels and protected designations of origin and geographical indications.
(4)
In accordance with Article 92(5)(b)(i) of Regulation (EC) No 479/2008 Member States may decide that replanting rights may be transferred, in whole or in part, to another holding in the same Member State in case that areas on that other holding are intended for the productions of wines with a protected designation of origin or a protected geographical indication.
(5)
Points 1 and 3 of Annex IV to Regulation (EC) No 479/2008 provide for the definition of wine and liqueur wine, respectively. Those definitions contain specific provisions referring to wines with protected designation of origin and wines with geographical indication.
(6)
Point 7 of Annex IV to Regulation (EC) No 479/2008 provides for the definition of aerated sparkling wine. That definition refers to wines without protected designation of origin or a geographical indication.
(7)
In accordance with Article 129(2)(e) of Regulation (EC) No 479/2008, definitions of wines with a protected designation of origin or geographical indication do not apply before 1 August 2009. Under the previous scheme established by Council Regulation (EC) No 1493/1999 (2) the corresponding categories were the quality wines psr and the wines with geographical indication.
(8)
In order to enable Member States to apply Articles 10(2), 65(1)(c)(vi) and (xiii), 92(5)(b)(i) and Annex IV points 1, 3 and 7 of Regulation (EC) No 479/2008 as from 1 August 2008, it is appropriate to take transitional measures as regards the definition of the wines with protected designation of origin and of the wines with protected geographical indication. Since these Articles have been applicable as from 1 August 2008, this Regulation should apply from that date.
(9)
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
For the purposes of the application of Articles 10(2), 65(1)(c)(vi) and (xiii), 92(5)(b)(i) and Annex IV points 1, 3 and 7 of Regulation (EC) No 479/2008 as from 1 August 2008 until 31 July 2009, references made to wines with protected designation of origin and to wines with protected geographical indication shall read as references to quality wines psr and to wines with geographical indication, respectively.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 August 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 February 2009. | [
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COUNCIL REGULATION (EEC) No 3154/90
of 29 October 1990
on the apportionment of the quantities of cereals provided for under the 1986 Food Aid Convention from 1 July 1989
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3972/86 of 22 December 1986 on food aid policy and food aid management (1), as last amended by Regulation (EEC) No 1930/90 (2), and in particular the first and second indents of Article 4 (1) and Article 4 (2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (3),
Whereas the 1986 Food Aid Convention has been extended until 30 June 1991; whereas further extensions could be decided upon within the framework of the said Convention,
Whereas Regulation (EEC) No 412/87 (4) provides for the apportionment of the quantities of cereals provided for under the Food Aid Convention for the period 1 July 1986 to 30 June 1989; whereas the apportionment should therefore be fixed from 1 July 1989,
HAS ADOPTED THIS REGULATION:
Article 1
The 1 670 000 tonnes of cereals constituting the minimum quantity to be contributed annually by the Community and its Member States under the 1986 Food Aid Convention shall be apportioned for the period during which the said Convention remains in force in its current version:
(a) Community operations: 927 700 tonnes;
(b) national operations: 742 300 tonnes.
Article 2
The quantity provided for in Article 1 (b) for national actions shall be apportioned as follows among the Member States:
(tonnes)
Belgium 41 500
Denmark 15 600
Germany 193 500
Greece 10 000
Spain 20 000
France 200 000
Ireland 4 000
Italy 95 400
Luxembourg 1 400
Netherlands 50 200
Portugal -
United Kingdom 110 700
The same apportionment shall apply should the Convention be extended.
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 with effect from 1 July 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 29 October 1990. | [
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COMMISSION REGULATION (EC) No 1695/2005
of 17 October 2005
opening a standing invitation to tender for the export of common wheat 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 (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,
Whereas:
(1)
Commission Regulation (EEC) No 2131/93 (2) lays down the procedure and conditions for the disposal of cereals held by intervention agencies.
(2)
Commission Regulation (EEC) No 3002/92 (3) 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 500 000 tonnes of common wheat 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)
To forestall reimportation, exports under this invitation to tender should be limited to certain third countries.
(6)
With a view to modernising the management of the system, provision should be made for the electronic transmission of the information required by the Commission.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Subject to this Regulation, the French intervention agency shall issue a standing invitation to tender in accordance with Regulation (EEC) No 2131/93 for the export of common wheat held by it.
Article 2
The invitation to tender shall cover a maximum of 500 000 tonnes of common wheat for export to third countries with the exception of Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the former Yugoslav Republic of Macedonia, Liechtenstein, Romania, Serbia and Montenegro (4) and Switzerland.
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, without 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 this invitation to tender need not be accompanied by export licence applications submitted under Article 49 of Commission Regulation (EC) No 1291/2000 (5).
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 09.00 (Brussels time) on 26 October 2005.
The time limit for submitting tenders under subsequent partial invitations to tender shall be 09.00 (Brussels time) each Thursday thereafter, with the exception of 3 November and 29 December 2005 and 13 April and 25 May 2006, there being no invitation to tender in the weeks concerned.
The last partial invitation to tender shall expire at 09.00 (Brussels time) on 22 June 2006.
2. Tenders must be lodged with the French intervention agency:
Office national interprofessionnel des céréales
21, avenue Bosquet
F-75007 Paris
Fax (33) 1 44 18 20 08/80
Article 6
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 electronically to the Commission.
Article 7
1. The successful tenderer must accept the lot as established if the final result of the 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 having regard to those criteria do not exceed the following limits:
-
one kilogram per hectolitre as regards specific weight, which must not, however, be less than 75 kg/hl,
-
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 (6), and half a percentage point as regards the impurities referred to in point B.5 of Annex I to Regulation (EC) No 824/2000, the admissible percentages for noxious grains and ergot remaining unchanged, however.
2. If the final result of the analyses carried out on the samples 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 the difference exceeds the limits set out in paragraph 1(b), the successful tenderer may:
(a)
accept the lot as established, or
(b)
refuse to take over the lot concerned.
In the case of (b) above, 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 in Annex I.
3. 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 in Annex I.
Article 8
Should the cases mentioned in Article 7(2)(b) and 7(3) arise, the successful tenderer may ask the intervention agency to supply an alternative lot of common wheat of the requisite quality, at no extra cost. 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 in Annex I.
If, following successive replacements, the successful tenderer has not received a replacement lot of the quality laid down within one month of the date of the 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 in Annex I.
Article 9
1. If the common wheat is removed before the results of the analyses provided for in Article 6 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 the tenderer might have against the storer.
2. The costs of taking the samples and conducting the analyses provided for in Article 6, with the exception of those referred to in Article 7(3), shall be borne by the European Agricultural Guidance and Guarantee Fund (EAGGF) for up to one analysis per 500 tonnes, with the exception of the cost of inter-bin transfers. The costs of inter-bin transfers and any additional analyses requested by a successful tenderer shall be borne by that tenderer.
Article 10
Notwithstanding Article 12 of Commission Regulation (EEC) No 3002/92, the documents relating to the sale of common wheat 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 one of the entries set out in Annex II.
Article 11
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 25 per tonne. Half of the security shall be lodged when the licence is issued and the balance shall be lodged before the cereals are removed.
Article 12
Within two hours of the expiry of the time limit for the submission of tenders, the French intervention agency shall electronically notify the Commission of tenders received. This notification shall be made by e-mail, using the form in Annex III.
Article 13
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 October 2005. | [
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COMMISSION REGULATION (EEC) No 1997/88
of 6 July 1988
amending quantitative limits fixed for imports of certain textile products originating in the Philippines (category 4)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Council Regulation (EEC) No 4136/86 of 22 December 1986 on common rules for imports of certain textile products originating in third countries (1), as last amended by Regulation (EEC) No 768/88 (2), and in particular Article 9 (2) thereof,
Whereas, pursuant to Article 9 (2) of Regulation (EEC) No 4136/86, quantitative limits may be increased where it appears that additional imports are required;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The quantitative limits for textile products originating in the Philippines fixed in Annexes III and IV bis to Regulation (EEC) No 4136/896 are hereby amended for the year 1988 as laid down in the Annex hereto.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 July 1988. | [
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COMMISSION REGULATION (EC) No 1845/95 of 26 July 1995 fixing for the 1995/96 marketing year the minimum price to be paid to producers for Williams and Rocha pears and the amount of production aid for such pears in syrup and/or natural fruit juice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Commission Regulation (EC) No 1032/95 (2), and in particular Articles 4 (4) and 5 (5) thereof,
Whereas Council Regulation (EEC) No 1206/90 (3), as amended by Regulation (EEC) No 2202/90 (4), lays down general rules for the system of production aid for processed fruit and vegetables;
Whereas, pursuant to Article 4 (1) of Regulation (EEC) No 426/86, the minimum price to be paid to producers is to be determined on the basis of, firstly, the minimum price applying during the previous marketing year, secondly, the movement of basic prices in the fruit and vegetables sector, and thirdly, the need to ensure the normal marketing of fresh products for the various uses, including supply of the processing industry;
Whereas Article 5 of Regulation (EEC) No 426/86 lays down the criteria for fixing the amount of production aid; whereas account must, in particular, be taken of the aid fixed for the previous marketing year adjusted to take account of changes in the minimum price to be paid to producers and the difference between the cost of the raw material in the Community and in the major competing third countries;
Whereas a system of monetary adjustment was applied to the amount of the aid of the previous marketing years, on the one hand to correct the impact of the differnces existing between the agricultural conversion rate and the average of the market exchange rate during a given period and on the other hand to ensure normal competition with third countries, that, owing to measures taken as regards agri-monetary policy, it is appropriate to suspend application of it;
Whereas the Management Committee for Products Processed from Fruit and Vegetables has not delivered an opinion within the time limit set by its chairman.
HAS ADOPTED THIS REGULATION:
Article 1
For the 1995/96 marketing year:
(a) the minimum price referred to in Article 4 of Regulation (EEC) No 426/86 to be paid to producers for Williams and Rocha pears;
and (b) the production aid referred to in Article 5 of the same Regulation for Williams and Rocha pears in syrup and/or natural fruit juice,
shall be as set out in the Annex.
Article 2
Where processing takes place outside the Member State in which the produce was grown, such Member State shall furnish proof to the Member State paying the production aid that the minimum price payable to the producer has been paid.
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 1995. | [
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REGULATION (EC) No 1889/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 December 2006
on establishing a financing instrument for the promotion of democracy and human rights worldwide
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 179(1) and 181a(2) thereof,
Having regard to the proposal from the Commission,
Acting in accordance with the procedure referred to in Article 251 of the Treaty (1),
Whereas:
(1)
A new framework for planning and delivering assistance is proposed in order to make the Community's external assistance more effective and transparent. Council Regulation (EC) No 1085/2006 (2) establishes an Instrument for Pre-Accession Assistance (IPA) for Community assistance to candidate and potential candidate countries. Regulation (EC) No 1638/2006 (3) etablishes a European Neighbourhood and Partnership Instrument (ENPI) providing direct support for the EU's European Neighbourhood Policy. Regulation (EC) No 1889/2006 of the European Parliament and of the Council of 20 December 2006 (4) establishes a financing instrument for Development Cooperation (DCI). Council Regulation (EC) No 1889/2006 (4) establishes a financing instrument for cooperation with industrialised and other high-income countries and territories (ICI). Regulation (EC) No 1717/2006 (5) establishes a financing Instrument for Stability (IfS) providing assistance in situations of crisis and emerging crisis, and specific global and transregional threats. This Regulation establishes a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights) allowing for assistance independent from the consent of third country governments and other public authorities.
(2)
Article 6(1) of the Treaty on European Union stipulates that the Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States.
(3)
The promotion, development and consolidation of democracy and the rule of law, and of respect for human rights and fundamental freedoms constitute a prime objective of the Community's development policy and economic, financial and technical cooperation with third countries (6). A commitment to respect, promote and protect democratic principles and human rights is an essential element of the Community's contractual relations with third countries (7).
(4)
This financing instrument contributes to the achievement of the objectives of the development policy statement on the ‘European Consensus on Development’ (DPS) jointly adopted by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on 20 December 2005 (8). The DPS underlines that ‘progress in the protection of human rights, good governance and democratisation is fundamental for poverty reduction and sustainable development’, thereby contributing to the achievement of the Millennium Development Goals (MDGs).
(5)
The DPS having reaffirmed that the promotion of gender equality and women's rights is a fundamental human right and a question of social justice, as well as being instrumental in achieving all the MDGs, the Cairo Programme of Action and the Convention on the Elimination of All Forms of Discrimination Against Women, this Regulation includes a strong gender component.
(6)
This financing instrument contributes to achieving the objective of the Union's Common Foreign and Security Policy, as set out in Article 11(1) of the Treaty on European Union and shaped by EU Guidelines, regarding the development and consolidation of democracy and the rule of law, and respect for human rights and fundamental freedoms.
(7)
The Community's contribution to the development and consolidation of democracy and the rule of law, and of respect for human rights and fundamental freedoms is rooted in the general principles established by the International Bill of Human Rights, and any other human rights instrument adopted within the framework of the United Nations, as well as relevant regional human rights instruments.
(8)
Democracy and human rights are inextricably linked. The fundamental freedoms of expression and association are the preconditions for political pluralism and democratic process, whereas democratic control and separation of powers are essential to sustain an independent judiciary and the rule of law which in turn are required for effective protection of human rights.
(9)
Human rights are considered in the light of universally accepted international norms, but democracy has also to be seen as a process, developing from within, involving all sections of society and a range of institutions, in particular national democratic parliaments, that should ensure participation, representation, responsiveness and accountability. The task of building and sustaining a culture of human rights and making democracy work for citizens, though especially urgent and difficult in emerging democracies, is essentially a continuous challenge, belonging first and foremost to the people of the country concerned but without diminishing the commitment of the international community.
(10)
In order to address the above issues in an effective, transparent, timely and flexible manner beyond the expiry of Council Regulation (EC) No 975/1999 of 29 April 1999 laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms (9) and Council Regulation (EC) No 976/1999 of 29 April 1999 laying down the requirements for the implementation of Community operations, other than those of development cooperation, which, within the framework of Community cooperation policy, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms in third countries (10), which served as the legal base for the European Initiative for Democracy and Human Rights and which expire by 31 December 2006, there is a need for specific financial resources and a specific financing instrument that can continue to work in an independent manner whilst remaining complementary to and reinforcing related Community instruments for external assistance, the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part (11), and humanitarian aid.
(11)
Community assistance under this Regulation is designed to complement the various other tools for implementation of EU policies on democracy and human rights, which range from political dialogue and diplomatic demarches to various instruments of financial and technical cooperation, including both geographic and thematic programmes. It will also complement the more crisis-related interventions of the Instrument for Stability.
(12)
In particular, in addition and complementary to the measures agreed with partner countries in the context of the cooperation pursued under the Instrument for Pre-accession Assistance, the European Neighbourhood and Partnership Instrument, the Development Cooperation Instrument, the Cotonou Agreement with ACP countries, the Instrument for Cooperation with Industrialised Countries and other high-income countries and territories and the Instrument for Stability, the Community provides assistance under this Regulation that addresses global, regional, national and local human rights and democratisation issues in partnership with civil society understood to span all types of social action by individuals or groups that are independent from the state and active in the field of human rights and democracy promotion.
(13)
Furthermore, whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments, Community assistance under this Regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities. This makes possible cooperation with civil society on sensitive human rights and democracy issues, including migrants' enjoyment of human rights, rights of asylum seekers and internally displaced persons, providing the flexibility to respond to changing circumstances or to support innovation. It also provides a Community capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the Community and in a range of third countries. It provides the necessary framework for operations, such as support to independent EU election observation missions requiring policy coherence, a unified management system and common operating standards.
(14)
Developing and consolidating democracy under this Regulation should include democratic parliaments and their capacity to support and advance democratic reform processes. National parliaments need therefore to be included as eligible bodies for funding under this Regulation when this is necessary in order to achieve its objectives, unless the proposed measure can be financed under a related Community external assistance instrument.
(15)
The ‘Guidelines for strengthening operational coordination between the Community, represented by the Commission, and the Member States in the field of external assistance’ of 21 January 2001 emphasise the need for enhanced coordination of EU external assistance in the fields of supporting democratisation and promoting respect for human rights and fundamental freedoms worldwide. The Commission and Member States should ensure that their respective assistance measures are complementary and coherent, avoiding overlapping and duplication. The Commission and Member States should seek closer coordination with other donors. Community policy in the sphere of development cooperation should be complementary to the policies pursued by the Member States.
(16)
The relevance and scope of Community assistance in promoting democracy and human rights calls for the Commission to seek regular and frequent exchanges of information with the European Parliament.
(17)
The Commission needs to consult representatives of civil society, as well as other donors and actors, as early as appropriate in the programming process in order to facilitate their respective contributions and to ensure that assistance activities are as complementary to each other as possible.
(18)
The Community needs to be able to respond rapidly to unforeseen needs and in exceptional circumstances in order to enhance the credibility and effectiveness of its commitment to the promotion of democracy and human rights in countries where such situations arise. This requires that the Commission have the possibility to decide on Special Measures not covered by Strategy Papers. This assistance management instrument corresponds to those included in the other external assistance financing instruments.
(19)
The Community should also be able to respond in a flexible and timely manner to the specific needs of human rights defenders by means of ad hoc measures which are not subject to calls for proposals. Moreover, eligibility of entities which do not have legal personality under the applicable national law is also possible under the conditions of the Financial Regulation.
(20)
This Regulation establishes a financial envelope for the period 2007-2013 which constitutes the prime reference amount for the budgetary authority according to point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (12).
(21)
Financial support needs to be secured for the European Inter-University Centre for Human Rights and Democratisation, providing a European Masters Degree in Human Rights and Democratisation and an EU-UN Fellowship Programme, beyond the expiry by the end of 2006 of Decision No 791/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level and support specific activities in the field of education and training (13), which served as the legal basis for funding.
(22)
European Union Election Observation Missions contribute significantly and successfully to democratic processes in third countries (14). However, the promotion of democracy extends far beyond the electoral process alone. Expenditure for EU Election Observation Missions should therefore not take up a disproportionate amount of the total funding available under this Regulation.
(23)
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 (15).
(24)
In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objectives of this Regulation to lay down rules on a European Instrument for Democracy and Human Rights. This Regulation does not go beyond what is necessary in order to achieve the objective pursued, in accordance with the third paragraph of Article 5 of the Treaty,
HAVE ADOPTED THIS REGULATION:
TITLE I
OBJECTIVES AND SCOPE
Article 1
Objectives
1. This Regulation establishes a European Instrument for Democracy and Human Rights under which the Community shall provide assistance, within the framework of the Community's policy on development cooperation, and economic, financial and technical cooperation with third countries, consistent with the European Union's foreign policy as a whole, contributing to the development and consolidation of democracy and the rule of law, and of respect for all human rights and fundamental freedoms.
2. Such assistance shall aim in particular at
(a)
enhancing the respect for and observance of human rights and fundamental freedoms, as proclaimed in the Universal Declaration of Human Rights and other international and regional human rights instruments, and promoting and consolidating democracy and democratic reform in third countries, mainly through support for civil society organisations, providing support and solidarity to human rights defenders and victims of repression and abuse, and strengthening civil society active in the field of human rights and democracy promotion;
(b)
supporting and strengthening the international and regional framework for the protection, promotion and monitoring of human rights, the promotion of democracy and the rule of law, and reinforcing an active role for civil society within these frameworks;
(c)
building confidence in and enhancing the reliability of electoral processes, in particular through election observation missions, and through support for local civil society organisations involved in these processes.
Article 2
Scope
1. Having regard to Articles 1 and 3, Community assistance shall relate to the following fields:
(a)
promotion and enhancement of participatory and representative democracy, including parliamentary democracy, and the processes of democratisation, mainly through civil society organisations, inter alia in:
i)
promoting freedom of association and assembly, unhindered movement of persons, freedom of opinion and expression, including artistic and cultural expression, independent media, unimpeded access to information, and measures to combat administrative obstacles to the exercise of these freedoms, including the fight against censorship;
ii)
strengthening the rule of law, promoting the independence of the judiciary, encouraging and evaluating legal and institutional reforms, and promoting access to justice;
iii)
promoting and strengthening the International Criminal Court, ad hoc international criminal tribunals and the processes of transitional justice and truth and reconciliation mechanisms;
iv)
supporting reforms to achieve effective and transparent democratic accountability and oversight, including that of the security and justice sectors, and encouraging measures against corruption;
v)
promoting political pluralism and democratic political representation, and encouraging political participation by citizens, in particular marginalised groups, in democratic reform processes at local, regional and national level;
vi)
promoting the equal participation of men and women in social, economic and political life, and supporting equality of opportunity, and the participation and political representation of women;
vii)
supporting measures to facilitate the peaceful conciliation of group interests, including support for confidence-building measures relating to human rights and democratisation.
(b)
the promotion and protection of human rights and fundamental freedoms, as proclaimed in the Universal Declaration of Human rights and other international and regional instruments concerning civil, political, economic, social and cultural rights, mainly through civil society organisations, relating to inter alia:
i)
the abolition of the death penalty, prevention of torture, ill-treatment and other cruel, inhuman and degrading treatment or punishment, and the rehabilitation of victims of torture;
ii)
support for, protection of, and assistance to human rights defenders, in terms of Article 1 of the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms;
iii)
the fight against racism and xenophobia, and discrimination based on any ground including sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation;
iv)
the rights of indigenous peoples and the rights of persons belonging to minorities and ethnic groups;
v)
the rights of women as proclaimed in the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocols, including measures to combat female genital mutilation, forced marriages, crimes of honour, trafficking, and any other form of violence against women;
vi)
the rights of the child, as proclaimed in the Convention on the Rights of the Child and its Optional Protocols, including the fight against child labour, child trafficking and child prostitution, and the recruitment and use of child soldiers;
vii)
the rights of persons with disabilities;
viii)
the promotion of core labour standards and corporate social responsibility;
ix)
education, training and monitoring in the area of human rights and democracy, and in the area covered by paragraph 1(a)(vii);
x)
support for local, regional, national or international civil society organisations involved in the protection, promotion or defence of human rights and in measures referred to in paragraph 1(a)(vii);
(c)
the strengthening of the international framework for the protection of human rights, justice, the rule of law and the promotion of democracy, in particular by
i)
providing support for international and regional instruments concerning human rights, justice, the rule of law and democracy;
ii)
fostering cooperation of civil society with international and regional intergovernmental organisations, and supporting civil society activities aimed at promoting and monitoring the implementation of international and regional instruments concerning human rights, justice, the rule of law and democracy;
iii)
promoting observance of international humanitarian law;
(d)
building confidence in and enhancing the reliability and transparency of democratic electoral processes, in particular
i)
through deployment of European Union Election Observation Missions;
ii)
through other measures of monitoring electoral processes;
iii)
by contributing to developing electoral observation capacity of civil society organisations at regional and local level, and supporting their initiatives to enhance participation in, and the follow-up to, the electoral process
iv)
by supporting measures aimed at implementing recommendations of European Union Election Observation Missions, in particular through civil society organisations.
2. The promotion and protection of gender equality, the rights of the child, rights of indigenous peoples, rights of persons with disabilities, and principles such as empowerment, participation, non-discrimination of vulnerable groups and accountability shall be taken into account whenever relevant by all assistance measures referred to in this Regulation.
3. The assistance measures referred to in this Regulation shall be implemented in the territory of third countries or shall be directly related to situations arising in third countries, or shall be directly related to global or regional actions.
Article 3
Complementarity and Coherence of Community Assistance
1. Community assistance under this Regulation shall be consistent with the framework of the Community's policy on development cooperation and with the European Union's foreign policy as a whole, and complementary to that provided for under related Community instruments for external assistance and the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, on the other part. Complementary Community assistance under this Regulation shall be provided to reinforce action under the related external assistance instruments.
2. The Commission shall ensure that measures adopted under this Regulation are consistent with the Community's overall strategic policy framework and in particular with the objectives of the above instruments, as well as with other relevant Community measures.
3. In order to enhance the effectiveness and consistency of Community and Member States assistance measures, the Commission shall ensure close coordination between its own activities and those of the Member States, both at decision-making level and on the ground. Coordination shall involve regular consultations and frequent exchanges of relevant information, including with other donors, during the different phases of the assistance cycle, in particular at field level.
4. The Commission shall inform and have regular exchanges of views with the European Parliament.
5. The Commission shall seek regular exchanges of information with civil society, at all levels, including in third countries.
TITLE II
IMPLEMENTATION
Article 4
General framework for implementation
Community assistance under this Regulation shall be implemented through the following measures:
a)
Strategy Papers and revisions thereof as appropriate;
b)
Annual Action Programmes;
c)
Special Measures;
d)
Ad hoc Measures.
Article 5
Strategy Papers and Revisions
1. Strategy Papers shall set out the Community's strategy for Community assistance under this Regulation, the Community's priorities, the international situation and the activities of the main partners. They shall be consistent with the overall purpose, objectives, scope, and principles of this Regulation.
2. Strategy Papers shall set out the priority areas selected for financing by the Community, the specific objectives, the expected results and the performance indicators. They shall also give the indicative financial allocation, both overall and per priority area; this may be given in the form of a range, where appropriate.
3. Strategy Papers, and any revisions or extensions thereof, shall be adopted in accordance with the procedure laid down in Article 17(2). They shall cover no more than the period of validity of this Regulation. Strategy Papers shall be reviewed at mid-term, or ad hoc if necessary.
4. The Commission and Member States shall exchange information and consult each other, as well as other donors and actors including representatives of civil society, at an early stage of the programming process in order to promote complementarity among their cooperation activities.
Article 6
Annual Action Programmes
1. Notwithstanding Article 7, the Commission shall adopt Annual Action Programmes based on the Strategy Papers and Revisions referred to in Article 5.
2. Annual Action Programmes shall specify the objectives pursued, the fields of intervention, the expected results, the management procedures and the total amount of financing planned. They shall take into account lessons learned from past implementation of Community assistance. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and an indicative implementation timetable. Objectives shall be measurable and have time-bound benchmarks.
3. Annual Action Programmes, and any revisions or extensions thereof, shall be adopted in accordance with the procedure laid down in Article 17(2). In cases where amendments to Annual Action Programmes do not exceed 20 % of the global amount allocated to them, such amendments shall be adopted by the Commission. It shall inform the Committee referred to in Article 17(1) thereof.
4. In case an Annual Action Programme has not yet been adopted, the Commission may exceptionally, on the basis of the Strategy Papers referred to in Article 5, adopt measures not provided for in an Annual Action Programme under the same rules and procedures as for Annual Action Programmes.
Article 7
Special Measures
1. Notwithstanding Article 5, in the event of unforeseen and duly justified needs or exceptional circumstances, the Commission may adopt Special Measures not covered in the Strategy Papers.
2. Special Measures shall specify the objectives pursued, the areas of activity, the expected results, the management procedures and the total amount of financing. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and the indicative timetable for their implementation. They shall include a definition of the type of performance indicators that will have to be monitored when implementing the special measures.
3. Where the cost of such measures is equal to or exceeds EUR 3 000 000, the Commission shall adopt them in accordance with the procedure laid down in Article 17(2).
4. For Special Measures costing below EUR 3 000 000, the Commission shall send the measures to the European Parliament and the Member States for information within 10 working days of adopting its decision.
Article 8
Support measures
1. Community financing under this Regulation may cover expenditure associated with the preparation, follow-up, monitoring, audit and evaluation activities directly necessary for the implementation of this Regulation and the achievement of its objectives, such as studies, meetings, information, awareness-raising, training and publication activities, including training and educational measures for partners from civil society, expenditure associated with computer networks for the exchange of information, and any other administrative or technical assistance expenditure necessary for the management of the programme. It may also cover expenditure, where appropriate, for actions to highlight the Community character of the assistance measures, and for activities to explain the objectives and results of assistance measures to the general public in the countries concerned.
2. Community financing shall also cover expenditure at Commission delegations on the administrative support needed to manage operations financed under this Regulation.
3. The Commission shall adopt Support Measures not covered by Strategy Papers as referred to in Article 5 in accordance with Article 7(3) and (4).
Article 9
Ad hoc Measures
1. Notwithstanding Article 5, the Commission may allocate small grants on an ad hoc basis to human rights defenders responding to urgent protection needs.
2. The Commission shall regularly inform the European Parliament and the Member States of the ad hoc measures carried out.
Article 10
Eligibility
1. Without prejudice to Article 14, the following bodies and actors operating on an independent and accountable basis shall be eligible for funding under this Regulation for the purposes of implementing the assistance measures referred to in Articles 6, 7 and 9:
a)
civil society organisations, including non-governmental non-profit organisations and independent political foundations, community based organisations, and private sector non-profit agencies, institutions and organisations, and networks thereof at local, national, regional and international level;
b)
public sector non-profit agencies, institutions and organisations and networks at local, national, regional, and international level;
c)
national, regional and international parliamentary bodies, when this is necessary to achieve the objectives of this instrument and unless the proposed measure can be financed under a related Community external assistance instrument;
d)
international and regional inter-governmental organisations;
e)
natural persons when this is necessary to achieve the objectives of this Regulation.
2. Other bodies or actors not listed in paragraph 1 can be financed, exceptionally and in duly justified cases, provided this is necessary to achieve the objectives of this Regulation.
Article 11
Management Procedures
1. The assistance measures financed under this Regulation shall be implemented in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (16) and any revision thereof on a centralised basis or by joint management with international organisations in accordance with Article 53(1) of that Regulation.
2. In the event of co-financing and in other duly justified cases, the Commission may, in accordance with Article 54 of Regulation (EC, Euratom) No 1605/2002, decide to entrust tasks of public authority, and in particular budget implementation tasks, to bodies referred to in Article 54(2)(c) of that Regulation.
Article 12
Budget commitments
1. Budget commitments shall be made on the basis of decisions taken by the Commission in accordance with Articles 6, 7, 8 and 9.
2. Community financing may take one of the following legal forms, inter alia:
a)
grant agreements, grant decisions or contribution agreements;
b)
agreements pursuant to Article 54 of Regulation (EC, Euratom) No 1605/2002;
c)
procurement contracts;
d)
employment contracts.
Article 13
Types of financing
1. Community financing may take the following forms:
a)
projects and programmes;
b)
grants to finance projects submitted by international and regional inter-governmental organisations as referred to in Article 10(1)(d);
c)
small grants to human rights defenders as referred to in Article 2(1)(b)(ii) to finance urgent protection measures under Article 9(1);
d)
grants to support operating costs of the Office of the UN High Commissioner for Human Rights;
e)
grants to support operating costs of the European Inter-University Centre for Human Rights and Democratisation (EIUC), in particular for the European Master's Degree Programme in Human Rights and Democratisation and the EU-UN Fellowship Programme, fully accessible to nationals of third countries, as well as other education, training and research activities promoting human rights and democratisation;
f)
contributions to international funds, such as those managed by international or regional organisations;
g)
human and material resources for effective implementation of European Union Election Observation Missions;
h)
public contracts as defined in Article 88 of Regulation (EC, Euratom) No 1605/2002.
2. Measures financed under this Regulation are eligible for cofinancing from the following, in particular from:
a)
Member States and their local authorities, and in particular their public and parastatal agencies;
b)
other donor countries, and in particular their public and parastatal agencies;
c)
international and regional inter-governmental organisations;
d)
companies, firms, other private organisations and business, trade unions, trade union federations, and other non-state actors.
3. In the case of parallel co-financing, the project or programme is to be split into a number of clearly identifiable components, which are each financed by different partners providing co-financing in such a way that the end-use of the financing can always be identified. In the case of joint co-financing, the total cost of the project or programme is to be shared between the partners providing the co-financing and resources are pooled in such a way that it is not possible to identify the source of funding for any given activity undertaken as part of the project or programme.
4. In the case of joint co-financing, the Commission may receive and manage funds on behalf of the bodies referred to in paragraph 2 (a), (b), and (c), for the purpose of implementing joint measures. Such funds shall be dealt with as assigned revenue in accordance with Article 18 of Regulation (EC, Euratom) No 1605/2002.
5. In the event of co-financing and in other duly justified cases, the Commission may entrust tasks of public authority, and in particular budget implementation tasks, to bodies referred to in Article 54(2)(c) of Regulation (EC) No 1605/2002.
6. Community assistance shall not be used for paying taxes, duties or charges in beneficiary countries.
Article 14
Rules of participation and rules of origin
1. Participation in the award of procurement or grant contracts financed under this Regulation shall be open to all natural persons who are nationals of or legal persons who are established in a Member State of the Community, in an accession or official candidate country as recognised by the European Community or in a Member State of the European Economic Area.
Participation in the award of procurement or grant contracts financed under this Regulation shall be open to all natural persons who are nationals of or legal persons who are established in a developing country, as specified by the Development Assistance Committee of the Organization for Economic Cooperation and Development (OECD/DAC), in addition to natural or legal persons eligible by virtue of this Regulation. The Commission shall publish and update the list of developing countries established by the OECD/DAC in accordance with regular reviews of this list and inform the Council thereof.
2. Participation in the award of procurement or grant contracts financed under this Regulation shall also be open to all natural persons who are nationals of or legal persons who are established in any country other than those referred to in paragraph 1, where reciprocal access to their external assistance has been established. Reciprocal access shall be granted whenever a country grants eligibility on equal terms to the Member States and to the recipient country concerned.
Reciprocal access shall be established by means of a specific decision concerning a given country or a given regional group of countries. Such a decision shall be adopted in accordance with the procedure laid down in Article 17(2) and shall be in force for a minimum period of one year.
3. Participation in the award of grants and public contracts financed under this Regulation shall be open to international organisations.
4. The provisions of paragraphs 1, 2 and 3 are without prejudice to the participation of categories of eligible organisations by nature or by localization in regard to the objectives of the action to carry out.
5. Experts may be of any nationality. This is without prejudice to the qualitative and financial requirements set out in the Community's procurement rules.
6. If measures financed under this Regulation are implemented on a centralised basis and indirectly by delegation to specialised Community bodies, international or national public sector bodies, or bodies governed by private law with a public service mission in accordance with Article 54(2)(c) of Regulation (EC, Euratom) No 1605/2002, participation in the public procurement and grant award procedures of the managing entity shall be open to natural persons who are nationals of the countries having access to Community contracts and grants in accordance with the principles set out in paragraph 1 of this Article, and of any other country eligible under the rules and procedures of the managing entity, and to legal persons which are established in those countries.
7. Whenever Community assistance covers an operation implemented through an international organisation, participation in the appropriate contractual procedures shall be open to all natural persons and legal persons who are eligible pursuant to this Article, as well as to all natural persons and legal persons who are eligible pursuant to the rules of that organisation, care being taken to ensure that equal treatment is afforded to all donors. The same rules shall apply in respect of supplies, materials and experts.
8. Whenever Community funding covers an operation co-financed with a third country, subject to reciprocity, or with a regional organisation, or with a Member State, participation in the appropriate contractual procedures shall be open to all natural persons and legal persons who are eligible pursuant to this Article as well as to all natural persons and legal persons who are eligible under the rules of such third country, regional organisation or Member State. The same rules shall apply in respect of supplies, materials and experts.
9. All supplies and materials purchased under a contract financed under this Regulation must originate from the Community or from an eligible country as defined in paragraphs 1 and 2. The term ‘origin’ for the purpose of this Regulation is defined in the relevant Community legislation on rules of origin for customs purposes.
10. The Commission may, in duly substantiated cases, authorise the participation of natural and legal persons either from countries having traditional economic, trade or geographical links with neighbouring countries, or from other third countries, and the purchase and use of supplies and materials of different origin.
11. Derogations may be justified on the basis of the unavailability of products and services in the markets of the countries concerned, for reasons of extreme urgency, or if the eligibility rules would make the realisation of a project, a programme or an action impossible or exceedingly difficult.
12. Tenderers who have been awarded contracts shall respect internationally agreed core labour standards, such as the International Labour Organization's core labour standards, conventions on freedom of association and collective bargaining, elimination of forced and compulsory labour, elimination of discrimination in respect of employment and occupation, and the abolition of child labour.
Article 15
Protection of the financial interests of the Community
1. Any agreement or contract resulting from the implementation of this Regulation shall contain provisions ensuring the protection of the Community's financial interests, in particular with respect to fraud, corruption and any other irregularities in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (17), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (18), and Regulation (EC, Euratom) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (19).
2. Agreements and contracts shall expressly entitle the Commission and the Court of Auditors to have the power of audit, on the basis of documents and on-the-spot, over all contractors and subcontractors who have received Community funds. They shall also expressly authorise the Commission to carry out on-the-spot checks and inspections, as provided for in Regulation (Euratom, EC) No 2185/96.
Article 16
Evaluation
1. The Commission shall regularly monitor and review its programmes, and evaluate the effectiveness, coherence and consistency of programming, where appropriate by means of independent external evaluations, in order to ascertain whether the objectives have been met and to enable it to formulate recommendations with a view to improving future operations. Proposals by the European Parliament or the Council for independent external evaluations shall be taken into due account.
2. The Commission shall send its evaluation reports to the Committee referred to in Article 17(1) and to the European Parliament for information. Member States may request discussion of specific evaluations in the Committee referred to in Article 17(1). The results shall feed back into programme design and resource allocation.
3. The Commission shall associate all stakeholders as appropriate in the evaluation phase of Community assistance provided under this Regulation. Joint evaluations with Member States, international organisations or other bodies shall be encouraged.
TITLE III
FINAL PROVISIONS
Article 17
Committee
1. The Commission shall be assisted by a Democracy and Human Rights Committee, hereinafter referred to as ‘the Committee’.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period provided for in Article 4(3) of Decision 1999/468/EC shall be 30 days.
3. The Committee shall adopt its rules of procedure.
Article 18
Annual Report
1. The Commission shall examine progress achieved in implementing the assistance measures undertaken pursuant to this Regulation and shall submit to the European Parliament and to the Council an annual report on the implementation and results and, as far as possible, main outcomes and impacts of the assistance. The report shall be an integral part of the Annual Report on European Community development policy implementation and implementation of external assistance and of the EU Annual Report on Human Rights.
2. The annual report shall contain information relating to the previous year on the measures financed, the results of monitoring and evaluation exercises, the involvement of the relevant partners, and the implementation of budget commitments and payments, broken down according to global, regional, and country measures, and fields of assistance. It shall assess the results of assistance, using as far as possible specific and measurable indicators of its role in meeting the objectives of this Regulation.
Article 19
Financial envelope
The financial envelope for the implementation of this Regulation for the period 2007-2013 shall be EUR 1 104 000 000. Annual appropriations shall be authorised by the budgetary authority within the limits of the Financial Framework 2007 - 2013.
Article 20
Review
Not later than 31 December 2010, the Commission shall submit to the European Parliament and to the Council a report evaluating the implementation of this Regulation in the first three years with, if appropriate, a legislative proposal introducing the necessary modifications to this Regulation.
Article 21
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2007 until 31 December 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 2006. | [
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Commission Regulation (EC) No 374/2004
of 27 February 2004
determining the world market price for unginned cotton
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Protocol 4 on cotton, annexed to the Act of Accession of Greece, as last amended by Council Regulation (EC) No 1050/2001(1),
Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton(2), and in particular Article 4 thereof,
Whereas:
(1) In accordance with Article 4 of Regulation (EC) No 1051/2001, a world market price for unginned cotton is to be determined periodically from the price for ginned cotton recorded on the world market and by reference to the historical relationship between the price recorded for ginned cotton and that calculated for unginned cotton. That historical relationship has been established in Article 2(2) of Commission Regulation (EC) No 1591/2001 of 2 August 2001 laying down detailed rules for applying the cotton aid scheme(3). Where the world market price cannot be determined in this way, it is to be based on the most recent price determined.
(2) In accordance with Article 5 of Regulation (EC) No 1051/2001, the world market price for unginned cotton is to be determined in respect of a product of specific characteristics and by reference to the most favourable offers and quotations on the world market among those considered representative of the real market trend. To that end, an average is to be calculated of offers and quotations recorded on one or more European exchanges for a product delivered cif to a port in the Community and coming from the various supplier countries considered the most representative in terms of international trade. However, there is provision for adjusting the criteria for determining the world market price for ginned cotton to reflect differences justified by the quality of the product delivered and the offers and quotations concerned. Those adjustments are specified in Article 3(2) of Regulation (EC) No 1591/2001.
(3) The application of the above criteria gives the world market price for unginned cotton determined hereinafter,
HAS ADOPTED THIS REGULATION:
Article 1
The world price for unginned cotton as referred to in Article 4 of Regulation (EC) No 1051/2001 is hereby determined as equalling EUR 32,378/100 kg.
Article 2
This Regulation shall enter into force on 28 February 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 February 2004. | [
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COMMISSION REGULATION (EU) No 1253/2009
of 18 December 2009
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 19 December 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 2009. | [
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COMMISSION DECISION of 4 August 1997 on the approval of the single programming document for Community structural assistance in the region of Midi-Pyrénées concerned by Objective 2 in France (Only the French text is authentic) (97/777/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (1), as last amended by Regulation (EC) No 3193/94 (2), and in particular Article 10 (1) last subparagraph thereof,
After consultation of the Advisory Committee on the Development and Conversion of Regions and the Committee pursuant to Article 124 of the Treaty,
Whereas the programming procedure for structural assistance under Objective 2 is defined in Article 9 (6) to 9 (10) of Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (3), as last amended by Regulation (EC) No 3193/94; whereas however the last subparagraph of Article 5 (2) of Regulation (EEC) No 4253/88 foresees that in order to simplify and to speed up programming procedures, Member States may submit in a single programming document the information required for the regional and social conversion plan referred to in Article 9 (8) of Regulation (EEC) No 2052/88 and the information required at Article 14 (2) of Regulation (EEC) No 4253/88; whereas Article 10 (1) last subparagraph of Regulation (EEC) No 4253/88 foresees that in that case the Commission adopt a single decision in a single document covering the points referred to in Article 8 (3) and the assistance from the Funds referred to in the last subparagraph of Article 14 (3);
Whereas the Commission has established, by Decision 96/472/EC (4), the list of declining industrial areas concerned by Objective 2 for the programming period from 1997 to 1999;
Whereas the global maximum allocation foreseen for the assistance of the Structural Funds for the present single programming document is composed of resources coming from the indicative allocation of Structural Fund commitment appropriations for the period 1997 to 1999 under Objective 2 resulting from Commission Decision 96/468/EC (5) and from unused appropriations of ECU 1,832 million of the corresponding single programming document covering the period 1994 to 1996, pursuant to Commission Decision C(96) 3161 of 9 December 1996;
Whereas the French Government has submitted to the Commission on 16 December 1996 the single programming document as referred to in Article 5 (2) of Regulation (EEC) No 4253/88 for the region of Midi-Pyrénées; whereas this document contains the elements referred to in Article 9 (8) of Regulation (EEC) No 2052/88 and in Article 14 (2) of Regulation (EEC) No 4253/88; whereas expenditure under this single programming document is eligible as from that date;
Whereas the single programming document submitted by this Member State includes a description of the conversion priorities selected and the applications for assistance from the European Regional Development Fund (ERDF) and the European Social Fund (ESF) as well as an indication of the planned use of the assistance available from the European Investment Bank (EIB) and the other financial instruments in implementing the single programming document;
Whereas, in accordance with Article 3 of Regulation (EEC) No 4253/88, the Commission is charged with ensuring, within the framework of the partnership, coordination and consistency between assistance from the Funds and assistance provided by the EIB and the other financial instruments;
Whereas the EIB has been involved in the drawing up of the single programming document in accordance with the provisions of Article 8 (1) of Regulation (EEC) No 4253/88, applicable by analogy in the establishment of the single programming document; whereas it has declared itself prepared to contribute to the implementation of this document in conformity with its statutory provisions; whereas, however, it has not yet been possible to evaluate precisely the amounts of Community loans corresponding to the financial needs;
Whereas Article 2 second subparagraph of Commission Regulation (EEC) No 1866/90 of 2 July 1990 on arrangements for using the ecu for the purpose of the budgetary management of the Structural Funds (6), as last amended by Regulation (EC) No 2745/94 (7), stipulates that in the Commission decisions approving a single programming document, the Community assistance available for the entire period and the annual breakdown thereof shall be set out in ecus at prices for the year in which each decision is taken and shall be subject to indexation; whereas this annual breakdown must be compatible with the progressive increase in the commitment appropriations shown in Annex II to Regulation (EEC) No 2052/88; whereas indexation is based on a single rate per year, corresponding to the rates applied annually to budget appropriations on the basis of the mechanism for the technical adjustment of the financial perspectives;
Whereas Article 1 of Council Regulation (EEC) No 4254/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Regional Development Fund (8), as amended by Regulation (EEC) No 2083/93 (9), defines the measures for which the ERDF may provide financial support;
Whereas Article 1 of Council Regulation (EEC) No 4255/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Social Fund (10), as amended by Regulation (EEC) No 2084/93 (11), defines the measures for which the ESF may provide financial support;
Whereas the single programming document has been established in agreement with the Member State concerned through the partnership defined in Article 4 of Regulation (EEC) No 2052/88;
Whereas the action constituting the measure C5 of this programming document is subject, on the part of the Commission and the Member State, to examination of a public contract award within the framework of the procedure provided for in Article 169 of the treaty; whereas consequently the financial commitments should be reduced by the amount corresponding to this measure, until the closure of this procedure.
Whereas Article 9 (3) of Regulation (EEC) No 4253/88 lays down that Member States shall provide the relevant financial information to the Commission to permit verification of the respect of the principle of additionality; whereas the analysis, in the framework of partnership, of the information provided for by the French authorities has not yet allowed this verification; whereas payments should therefore be suspended after the first advance provided for in Article 21 (2) of the said Regulation until the Commission has verified the respect of the additionality;
Whereas the present assistance satisfies the conditions laid down in Article 13 of Regulation (EEC) No 4253/88, and so should be implemented by means of an integrated approach involving finance from more than one Fund;
Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (12), as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 (13), states that the legal commitments entered into for measures extending over more than one financial year must contain a time limit for implementation which must be specified to the recipient in due form when the aid is granted;
Whereas it is appropriate to mention that this Decision is ruled by the provisions on the eligibility of expenditure laid down in the Annex to Commission Decision C(97) 1035/1 of 23 April 1997 modifying the decisions approving the Community support frameworks, the single programming documents and the Community initiative programmes in respect of France;
Whereas all the other conditions laid down for the grant of aid from the ERDF and the ESF have been complied with,
HAS ADOPTED THIS DECISION:
Article 1
The single programming document for Community structural assistance in the region of Midi-Pyrénées concerned by Objective 2 in France, covering the period 1 January 1997 to 31 December 1999, is hereby approved.
Article 2
The single programming document includes the following essential elements:
(a) a statement of the main priorities for joint action, their specific quantified objectives, an appraisal of their expected impact and their consistency with economic, social and regional policies in France;
the main priorities are:
1. consolidation of company structure,
2. strengthening of technological innovation,
3. upgrading of the territory,
4. economic diversification,
5. technical assistance;
(b) the assistance from the Structural Funds as referred to in Article 4;
(c) the detailed provisions for implementing the single programming document comprising:
- the procedures for monitoring and evaluation,
- the provisions on financial implementation,
- the rules for compliance with Community policies;
(d) the procedures for verifying additionality;
(e) the arrangements for associating the environmental authorities with the implementation of the single programming document;
(f) the means available for technical assistance necessary for the preparation, implementation or adaptation of the measures concerned.
Article 3
1. For the purpose of indexation, the annual breakdown of the global maximum allocation foreseen for the assistance from the Structural Funds is as follows:
TABLE
2. To this global maximum allocation is added an amount of ECU 1,832 million not subject to indexation, resulting from unused appropriations of the corresponding single programming document covering the period 1994 to 1996.
Article 4
The assistance from the Structural Funds granted to the single programming document amounts to a maximum of ECU 52,972 million.
The procedure for granting the financial assistance, including the financial contribution from the Funds to the various priorities and measures, is set out in the financing plan and the detailed implementing provisions which form an integral part of the single programming document.
The national financial contribution envisaged, which is approximately ECU 68,2 million for the public sector and ECU 54,1 million for the private sector, may be met in part by Community loans, in particular from the EIB.
Article 5
1. The breakdown among the Structural Funds of the total Community assistance available is as follows:
- ERDF: ECU 42,972 million,
- ESF: ECU 10,000 million.
2. The budgetary commitments for the first instalment are as follows:
- ERDF: ECU 12,185778 million,
- ESF: ECU 3,115000 million.
In accordance with the rules laid down in Article 7, these commitments do not include the amounts relating to the action constituting the measure C5 actually subject to examination within the framework of the procedure provided for in Article 169 of the treaty. The corresponding commitments will be made after the closure of this procedure.
Commitments of subsequent instalments will be based on the financing plan for the single programming document and on progress in its implementation.
3. Payments subsequent to the first advance provided for in Article 21 (2) of Regulation (EEC) No 4253/88 shall be subject to confirmation by the Commission of the respect of the principle of additionality on the basis of the relevant information supplied by the Member State.
Article 6
The breakdown among the Structural Funds and the procedure for the grant of the assistance may be altered subsequently, subject to the availability of funds and the budgetary rules, in the light of adjustments decided according to the procedure laid down in Article 25 (5) of Regulation (EEC) No 4253/88.
Article 7
This Decision is without prejudice to the Commission's position with regard to the outcome of the current procedure concerning the action referred to in the measure C5 of the single programming document, and consequently, the commitments which result from the implementation of the aforesaid action shall be reduced by the amount corresponding to this measure until the closure of the current procedure.
Article 8
The Community aid concerns expenditure on operations under the single programming document which, in the Member State concerned, are the subject of legally binding commitments and for which the requisite finance has been specifically allocated no later than 31 December 1999. The final date for taking account of expenditure on these measures is 31 December 2001.
Article 9
The single programming document shall be implemented in accordance with Community law, and in particular Articles 6, 30, 48, 52 and 59 of the Treaty and the Community Directives on the coordination of procedures for the award of contracts.
Article 10
This Decision is ruled by the provisions laid down in the Annex to Decision C(97) 1035/1.
Article 11
This Decision is addressed to the French Republic.
Done at Brussels, 4 August 1997. | [
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COUNCIL DECISION
of 23 July 2007
on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community for the period from 1 June 2006 to 31 May 2010
(2007/532/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 300(2) in conjunction with Article 37 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
The Community and the Democratic Republic of São Tomé and Príncipe have negotiated and initialled a Fisheries Partnership Agreement providing Community fishermen with fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Democratic Republic of São Tomé and Príncipe.
(2)
It is necessary to guarantee the pursuit of fishing activities between the date of expiry of the previous Protocol setting out the fishing opportunities off the coast of São Tomé and Príncipe and the date of entry into force of the new Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement.
(3)
To this end the Community and the Democratic Republic of São Tomé and Príncipe have initialled an Agreement in the form of an Exchange of Letters concerning the provisional application of the new Protocol.
(4)
It is in the Community's interest to approve that Agreement in the form of an Exchange of Letters.
(5)
The method for allocating the fishing opportunities among the Member States should be defined,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement in the form of an Exchange of Letters on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community for the period from 1 June 2006 to 31 May 2010 is hereby approved on behalf of the Community.
The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
Article 2
The Agreement shall apply provisionally from 1 June 2006.
Article 3
The fishing opportunities set out in the Protocol to the Fisheries Partnership Agreement shall be allocated among the Member States as follows:
Fishing category
Type of vessel
Member State
Licences or quota
Tuna fishing
Freezer tuna seiners
Spain
13
France
12
Tuna fishing
Surface longliners
Spain
13
Portugal
5
If licence applications from these Member States do not cover all the fishing opportunities laid down by the Protocol to the Fisheries Partnership Agreement, the Commission may take into consideration licence applications from any other Member State.
Article 4
The Member States whose vessels fish under this Agreement in the form of an Exchange of Letters shall notify the Commission of the quantities of each stock caught within São Tomé and Príncipe's fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas (1).
Article 5
The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.
Done at Brussels, 23 July 2007. | [
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COMMISSION REGULATION (EEC) No 1036/91 of 25 April 1991 re-establishing the levying of customs duties applicable to third countries on certain products originating in Yugoslavia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia (1), and in particular Protocol 1 thereto,
Having regard to Council Regulation (EEC) No 3412/90 of 19 November 1990 establishing ceilings and Community surveillance for imports of certain products originating in Yugoslavia (1991) (2), and in particular Article 1 thereof,
Whereas the abovementioned Protocol 1 and Article 15 of the Cooperation Agreement provide that the products listed in the Annex hereto are imported exempt of customs duty into the Community, subject to the annual ceiling shown in the Annex hereto, above which the customs duties applicable to third countries may be re-established;
Whereas imports into the Community of those products, originating in Yugoslavia, have reached that ceiling; whereas the situation on the Community market requires that cutoms duties applicable to third countries on the products in question be re-established,
HAS ADOPTED THIS REGULATION: Article 1
From 29 April to 31 December 1991, the levying of customs duties applicable to third countries shall be re-established on imports into the Community of the products listed in the Annex, originating in Yugoslavia. Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 April 1991. | [
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Commission Regulation (EC) No 600/2001
of 27 March 2001
establishing unit values for the determination of the customs value of certain perishable goods
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(1), as last amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council(2),
Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(3), as last amended by Regulation (EC) No 1602/2000(4), and in particular Article 173 (1) thereof,
Whereas:
(1) Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation.
(2) The result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173 (2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question,
HAS ADOPTED THIS REGULATION:
Article 1
The unit values provided for in Article 173 (1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto.
Article 2
This Regulation shall enter into force on 30 March 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 March 2001. | [
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COUNCIL DECISION
of 17 October 2005
implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2005/428/CFSP
(2005/722/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,
Whereas:
(1)
On 6 June 2005 the Council adopted Decision 2005/428/CFSP implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2005/221/CFSP (2).
(2)
It has been decided to adopt an updated list of the persons, groups and entities to which Regulation (EC) No 2580/2001 applies,
HAS DECIDED AS FOLLOWS:
Article 1
The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 shall be replaced by the following:
‘(…)’.
Article 2
Decision 2005/428/CFSP is hereby repealed.
Article 3
This Decision shall be published in the Official Journal of the European Union.
It shall take effect on the day of its publication.
Done at Luxembourg, 17 October 2005. | [
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COUNCIL DECISION
of 29 September 1989
concerning the conclusion, on behalf of the European Economic Community, of the Framework Agreement for scientific and technical cooperation between the European Communities and the Republic of Iceland
(90/23/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 130q (2) thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, by its Decision 87/516/Euratom, EEC (4), as amended by Decision 88/193/Euratom, EEC (5), the Council adopted a framework programme for Community activities in the field of research and technological development (1987 to 1991) provided for under Article 130i of the Treaty;
Whereas the framework programme covers all Community actions in the field of research and technological development;
Whereas, in the implementation of the framework programme for Community activities in the field of research and technological development, provision may be made for cooperation with third countries, in accordance with Article 130n of the Treaty;
Whereas it is necessary to ensure that possible future specific agreements to be concluded with the Republic of Iceland under Article 130n of the Treaty be placed in an overall context and that, therefore, a Framework Agreement for scientific and technical cooperation between the European Communities and the Republic of Iceland should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Framework Agreement for scientific and technical cooperation between the European Communities and the Republic of Iceland is hereby approved on behalf of the European Economic Community.
The text of the Framework Agreement is attached to this Decision.
Article 2
The President of the Council shall give the notification provided for in Article 12 of the Agreement on behalf of the European Economic Community.
Done at Brussels, 29 September 1989. | [
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COMMISSION DECISION
of 19 February 1986
concerning animal health conditions and veterinary certification for the import of fresh meat from Cuba
(86/72/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (1), as last amended by Directive 83/91/EEC (2), and in particular Article 16 thereof,
Whereas, following a Community veterinary mission, it appears that the animal health situation in Cuba is good, particulary as regards diseases transmissible through meat;
Whereas, in addition, the responsible veterinary authorities of Cuba have confirmed that Cuba has for at least 12 months been free from rinderpest and foot-and-mouth disease, and that no vaccinations have been carried out against those diseases during that time;
Whereas the responsible veterinary authorities of Cuba have undertaken to notify the Commission and the Member States, by telex or telegram, within 24 hours at the latest, of the confirmation of the occurrence of any of the abovementioned diseases or the adoption of vaccination against any of them;
Whereas animal health conditions and veterinary certification must be adapted according to the animal health situation of the non-member country concerned;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
1. Member States shall authorize import from Cuba of fresh meat of domestic animals of the bovine species and of domestic solipeds conforming to the conditions laid down in an animal health certificate which corresponds to the Annex and which must accompany the consignment.
2. Member States shall not authorize import of categories of fresh meat from Cuba other than those mentioned in paragraph 1.
Article 2
This Decision shall not apply to imports of glands and organs authorized by the country of destination for pharmaceutical manufacturing purposes.
Article 3
This Decision shall apply with effect from 1 April 1986.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 19 February 1986. | [
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Council Decision
of 21 July 2003
on the fulfilment of the conditions laid down in Article 3 of Decision No 3/2002 of the EU-Poland Association Council of 23 October 2002 extending the period set in Article 8(4) of Protocol 2 on European Coal and Steel Community (ECSC) products to the Europe Agreement
(2003/588/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 87(3)(e) thereof,
Having regard to EU-Poland Association Council Decision No 3/2002 extending the period set in Article 8(4) of Protocol 2 on European Coal and Steel Community (ECSC) products to the Europe Agreement, and in particular Article 3 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) A Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part(1), was signed on 16 December 1991.
(2) Article 8(4) of Protocol 2 to the above Europe Agreement lays down that during the first five years after entry into force of the Agreement, and by derogation from paragraph 1(iii) of the same Article, Poland may exceptionally, as regards steel products, grant public aid for restructuring purposes, provided that this leads to the viability of the benefiting firms under normal market conditions at the end of the restructuring period, that the amount and intensity of such aid are strictly limited to what is absolutely necessary in order to restore viability and that the aid is progressively reduced, and that the restructuring programme is linked to a global rationalisation and reduction of overall production capacity in Poland.
(3) The initial period of five years expired on 31 December 1996.
(4) Poland requested an extension of the abovementioned period in April 1997.
(5) It is appropriate to grant an extension of this period for an additional period of eight years starting on 1 January 1997 or until the date of Poland's accession to the European Union, whichever comes first.
(6) To this effect, on 23 October 2002, the EU-Poland Association Council adopted Decision No 3/2002 and it is provisionally applied from that date.
(7) Article 1 of EU-Poland Association Council Decision No 3/2002 granted an extension of the abovementioned period, subject to the fulfilment of conditions laid out in Articles 2 and 3.
(8) Under Article 2 of EU-Poland Association Council Decision No 3/2002 the extension of the abovementioned period is made conditional on the submission by Poland to the Commission of a restructuring programme and business plans for all companies included in the restructuring process which meet the requirements of Article 8(4) of Protocol 2 to the Europe Agreement and have been assessed and agreed by its national State aid monitoring authority (the Office for Competition and Consumer Protection).
(9) Protocol 8 on the restructuring of the Polish steel industry, annexed to the Treaty of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic provides that State aid granted by Poland for restructuring purposes to specified parts of the Polish steel industry shall, under certain conditions, be deemed to be compatible with the common market; the first of those conditions is that the period provided for in Article 8(4) of Protocol 2 on ECSC products to the Europe Agreement has been extended until the date of accession. Paragraph 5 of the said Protocol 8 provides that any subsequent privatisation of any of the benefiting companies is to take place under the same conditions. Paragraph 6 of the said Protocol 8 provides that the restructuring aid granted to the benefiting companies is to be determined by the justifications set out in the approved Polish steel restructuring plan and individual plans as approved by the Council and is not to exceed PLN 3387070000. Paragraph 7 of the said Protocol sets out the minimum net capacity reductions to be achieved. Paragraphs 8 and 9 of the said Protocol provide for the implementation of business plans by the benefiting companies.
(10) In April 2003, Poland submitted to the Commission a restructuring programme and business plans which have been assessed and agreed by the Office for Competition and Consumer Protection. Under Article 3 of EU-Poland Association Council Decision No 3/2002, the extension of the abovementioned period is made conditional on a final assessment of the restructuring programme and business plans by the Commission.
(11) The Commission has made a final assessment of the restructuring programme and business plans submitted by Poland.
(12) The assessment indicates that restructuring aid is necessary to return certain companies in the Polish steel industry to viability.
(13) The assessment confirms that implementation of the restructuring programme and business plans will lead to the viability of the companies under normal market conditions by the end of the restructuring period, that the amount and intensity of aid should be strictly limited to what is absolutely necessary in order to reach this objective, that restructuring aid to the Polish steel industry should cease by the end of 2003, that the restructuring programme should be linked to a global rationalisation and reduction of overall production capacity in Poland and that the programme respects all the commitments agreed to in the Accession negotiations.
(14) The assessment therefore concludes that the restructuring programme and business plans submitted by Poland meet the requirements of Article 8(4) of Protocol 2 to the Europe Agreement and, at this stage, the conditions laid down in Protocol 8 to the Treaty of Accession.
(15) The conditions laid down in Articles 2 and 3 of EU-Poland Association Council Decision No 3/2002 are accordingly met,
HAS DECIDED AS FOLLOWS:
Sole Article
The restructuring programme and business plans submitted to the Commission by Poland on 4 April 2003 pursuant to Article 2 of EU-Poland Association Council Decision No 3/2002, with regard to an extension of the period laid down in Article 8(4) of Protocol 2 to the Europe Agreement are in compliance with the requirements of Article 8(4) of the said Protocol 2.
Done at Brussels, 21 July 2003. | [
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COMMISSION REGULATION (EEC) No 575/90
of 7 March 1990
fixing for the 1990 marketing year the Community offer prices for aubergines applicable with regard to Spain
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 3709/89 of 4 December 1989 laying down general rules for implementing the Act of Accession of Spain and Portugal as regards the compensation mechanism on exports of fruit and vegetables originating in Spain (1), and in particular Article 4 (1) thereof,
Whereas Commission Regulation (EEC) No 3815/89 (2), lays down detailed rules for the application of the compensation mechanism to imports of fruit and vegetables from Spain;
Whereas, pursuant to Article 152 of the Act of Accession, a compensation mechanism is to be introduced on imports into the Community as constituted at 31 December 1985, hereinafter referred to as the 'Community of Ten', from 1 January 1990, of fruit and vegetables from Spain for which a reference price is fixed with regard to third countries; whereas Community offer prices for aubergines coming from Spain should be fixed only during the period when reference prices are fixed with regard to third countries, that is to say from 1 April up to and including 31 October;
Whereas, in accordance with Article 152 (2) (a) of the Act of Accession, a Community offer price is to be calculated annually on the basis of the arithmetic mean of the producer prices in each Member State of the Community of Ten, plus transport and packaging costs incurred by the products from the production regions to the representative consumption centres of the Community and bearing in mind developments in the cost of production in the fruit and vegetable sector; whereas the abovementioned producer prices correspond to the average prices recorded during the three years preceding the date of fixing of the Community offer price; whereas, however, the annual Community offer price cannot exceed the reference price applied for third countries;
Whereas, in order to take account of seasonal variations in prices, it is necessary to provide for one or more periods for each Marketing year and to fix a Community offer price for each of them;
Whereas, in accordance with Article 1 of Regulation (EEC) No 3709/89, the producer prices to be used for the determination of the Community offer price are to be those of a domestic product defined by its commercial characteristics recorded on the representative market or markets located in the production areas where prices are lowest for products or varieties representing a considerable proportion of production marketed throughout the year or during a part thereof and which meet Quality Class I requirements and the conditions laid down as regards packaging; whereas the average price for each representative market must be established after disregarding prices which may be considered excessively high or excessively low compared with the normal fluctuations recorded on the market; whereas, moreover, if the average price for a Member State shows excessive variations it is necessary to apply compared with normal price fluctuations, it shall not be taken into account;
Whereas the abovementioned criteria to fix Community offer prices for aubergines for the period 1 April to 31 October 1990 ;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1990 marketing year, the Community offer prices for aubergines (CN code 0709 30 00) applicable with regard to Spain, expressed in ecus per 100 kilograms net of packed products of class I, of all sizes, shall be as follows:
- April: 80,11,
- May: 82,04,
- June: 77,89,
- July: 62,52,
- August: 42,91,
- September: 49,53,
- October: 54,03.
Article 2
This Regulation shall enter into force on 1 April 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 March 1990. | [
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COMMISSION DECISION
of 7 July 1999
on a common technical Regulation for the attachment requirements for high speed circuit switched data (HSCSD) multislot mobile stations
(notified under document number C(1999) 2029)
(Text with EEA relevance)
(1999/511/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 98/13/EC of the European Parliament and of the Council of 12 February 1998 relating telecommunications terminal equipment and satellite earth station equipment, including the mutual recognition of their conformity(1), and in particular Article 7(2), second indent, thereof,
(1) Whereas the Commission has adopted the measure identifying the type of terminal equipment for which a common technical regulation is required, as well as the associated scope statement according to Article 7(2), first indent of Directive 98/13/EC;
(2) Whereas the corresponding harmonised standards, or parts thereof, implementing the essential requirements which are to be transformed into common technical regulations should be adopted;
(3) Whereas in order to ensure continuity of access to markets for manufacturers, it is necessary to allow for transitional arrangements regarding equipment approved according to national type approval regulations;
(4) Whereas the proposal has been submitted to the Approvals Committee for Telecommunications Equipment (ACTE), according to Article 29(2);
(5) Whereas the common technical regulation to be adopted in this Decision is in accordance with the opinion of ACTE,
HAS ADOPTED THIS DECISION:
Article 1
1. This Decision shall apply to terminal equipment intended to be connected to a public telecommunications network and falling within the scope of the harmonised standard identified in Article 2(1).
2. This Decision establishes a common technical regulation covering the attachment requirements for high speed circuit switched data (HSCSD) multislot mobile stations.
Article 2
1. The common technical Regulation shall include the harmonised standard prepared by the relevant standardisation body implementing to the extent applicable the essential requirements referred to in Article 5(c) to (f) of Directive 98/13/EC. The reference to the standard is set out in the Annex.
2. Terminal equipment covered by this Decision shall comply with the common technical regulation referred to in paragraph 1 and to the extent applicable the technical regulations defined in Commission Decisions 98/574/EC(2) and 98/575/EC(3). In addition it shall meet the essential requirements referred to in Article 5(a) and (b) of Directive 98/13/EC, and shall meet the requirements of any other applicable Directives, in particular Council Directives 73/23/EEC(4) and 89/336/EEC(5).
Article 3
Notified bodies designated for carrying out the procedures referred to in Article 10 of Directive 98/13/EC shall, as regards terminal equipment covered by Article 1(1) of this Decision, use or ensure the use of the harmonised standard referred to in the Annex by the coming into force of this Decision
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 7 July 1999. | [
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COMMISSION REGULATION (EEC) No 524/83
of 3 March 1983
on the classification of goods under subheading 84.22 B IV of the Common Customs Tariff
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 97/69 of 16 January 1969 on measures to be taken for uniform application of the nomenclature of the Common Customs Tariff (1), as last amended by the Act of Accession of Greece, and in particular Article 3 thereof,
Whereas, in order to ensure uniform application of the nomenclature of the Common Customs Tariff, provisions must be laid down concerning the tariff classification of a self-propelled container and pallet loader, used in airports for loading and unloading aircraft. It is composed mainly of:
- a lifting system consisting of two platforms each supported by a scissor lift and operated by hydraulic cylinders. The surface of the platforms is fitted with a belt conveyor and with powered rollers enabling longitudinal and transverse container and pallet transfer,
- a control platform,
- an internal combustion engine used for operating both the handling system and the propulsion system,
- a gearbox,
- brakes,
- stabilizers which function during handling operations;
Whereas the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 (2), as last amended by Council Regulation (EEC) No 3000/82 (3), classifies 'works trucks, mechanically propelled, of the types used in airports for short-distance transport or handling of goods' under heading No 87.07 and 'lifting, handling, loading or unloading machinery' under heading No 84.22;
Whereas these two headings merit consideration for the classification of the abovementioned vehicle;
Whereas the vehicle in question is not used, even over short distances, for the transport of containers or other goods; whereas it is placed, unloaded, next to the aircraft and used for handling containers and pallets during the loading and unloading of aircraft;
Whereas, consequently, this is not a works truck fitted with lifting equipment but a self-propelled lifting machine for loading and unloading;
Whereas, therefore, the machine in question must be classified under subheading 84.22 B IV of the Common Customs Tariff;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Common Customs Tariff Nomenclature,
HAS ADOPTED THIS REGULATION:
Article 1
A self-propelled container and pallet loader, used in airports for loading and unloading aircraft, composed mainly of:
- a lifting system consisting of two platforms each supported by a scissor lift and operated by hydraulic cylinders. The surface of the platforms is fitted with a belt conveyor and with powered rollers ensuring longitudinal and transverse container and pallet transfer,
- a control platform,
- an internal combustion engine used for operating both the handling system and the propulsion system,
- a gearbox,
- brakes,
- stabilizers which function during handling operations,
shall be classified in the Common Customs Tariff under subheading:
84.22 Lifting, handling, loading or unloading machinery, telphers and conveyors (for example, lifts, hoists, winches, cranes, transporter cranes, jacks,
pulley tackle, belt conveyors and teleferics), not being machinery falling within heading No 84.23:
B. Other:
IV. Other
Article 2
This Regulation shall enter into force on the 21st day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 March 1983. | [
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COUNCIL DECISION of 29 June 1995 appointing a member of the Court of Auditors (95/249/EC, Euratom, ECSC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 45b (3) thereof,
Having regard to the Treaty establishing the European Community, and in particular Article 188b (3) thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 160b (3) thereof,
Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Article 22 thereof,
Having regard to the opinion of the European Parliament (1),
Whereas Mr Ole Warberg has resigned from office and he should be replaced, for the remainder of his term of office, without delay,
HAS DECIDED AS FOLLOWS:
Sole Article
Mr Joergen Mohr is hereby appointed a member of the Court of Auditors for the period 1 July 1995 to 9 February 2000 inclusive.
Done at Luxembourg, 29 June 1995. | [
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Commission Regulation (EC) No 43/2004
of 9 January 2004
fixing the maximum export refund on wholly milled and parboiled long-grain B rice destined for certain third countries in connection with the invitation to tender issued in Regulation (EC) No 1877/2003
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Commission Regulation (EC) No 411/2002(2), and in particular Article 13(3) thereof,
Whereas:
(1) An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 1877/2003(3).
(2) Article 5 of Commission Regulation (EEC) No 584/75(4), as last amended by Regulation (EC) No 1948/2002(5), allows the Commission to fix, in accordance with the procedure laid down in Article 22 of Regulation (EC) No 3072/95 and on the basis of the tenders submitted, a maximum export refund. In fixing this maximum, the criteria provided for in Article 13 of Regulation (EC) No 3072/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum export refund.
(3) The application of the abovementioned criteria to the current market situation for the rice in question results in the maximum export refund being fixed at the amount specified in Article 1.
(4) To ensure the more balanced management of quantities exported with a refund, an allocation coefficient should be set for tenders presented at the level of the maximum refund.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
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 1877/2003 is hereby fixed on the basis of the tenders submitted from 5 to 8 January 2004 at 285,00 EUR/t.
Article 2
For tenders presented at the level of the maximum refund, an allocation coefficient is set at 50 %.
Article 3
This Regulation shall enter into force on 10 January 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 January 2004. | [
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COUNCIL REGULATION (EC) No 3353/93 of 22 November 1993 fixing the guide prices for the fishery products listed in Annex I (A), (D) and (E) to Regulation (EEC) No 3759/92 for the 1994 fishing year
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery and aquaculture products (1), and in particular Article 9 (3) thereof,
Having regard to the proposal from the Commission,
Whereas Article 9 (1) and (2) of Regulation (EEC) No 3759/92 provides that a guide price shall be fixed for each of the products listed in Annex I (A), (D) and (E) to the Regulation at a level which will help to stabilize market prices and avoid the formation of surpluses in the Community; whereas that level must also help support producers' income and at the same time take account of consumers' interest;
Whereas the guide price shall be based on the average of prices as defined in Article 9 (2) of that Regulation and on an assessment of production and demand prospects;
Whereas the application of these criteria involves for the 1994 fishing year a decrease for certain products and the stabilization or increase of prices for others compared with prices applicable during the current fishing year;
Whereas in accordance with Articles 169 and 356 of the Act of Accession of Spain and Portugal, a ninth approximation of guide prices must take place on 1 January 1994 for Atlantic sardines of the species Sardina pilchardus,
HAS ADOPTED THIS REGULATION:
Article 1
The guide prices for the fishing year from 1 January to 31 December 1994 for the products listed in Annex I (A), (D) and (E) to Regulation (EEC) No 3759/92 and the commercial categories to which they relate are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 November 1993. | [
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Commission Regulation (EC) No 1193/2002
of 3 July 2002
fixing the quantities which may be transferred to another group of varieties under the guarantee threshold for the 2002 harvest in the raw tobacco sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco(1), as last amended by Regulation (EC) No 546/2002(2), and in particular Article 9(4) thereof,
Whereas:
(1) Article 9 of Regulation (EEC) No 2075/92 introduces production quotas for the different groups of varieties of tobacco. The individual quotas are divided between producers on the basis of the guarantee thresholds for the 2002 harvest fixed in Annex II to Regulation (EC) No 546/2002.
(2) This Regulation should apply as soon as possible, well before the deadline for the conclusion of cultivation contracts laid down in Article 55(2) of Commission Regulation (EC) No 2848/98 of 22 December 1998 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the premiumscheme, production quotas and the specific aid to be granted to producer groups in the raw tobacco sector(3), as last amended by Regulation (EC) No 1005/2002(4).
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Tobacco,
HAS ADOPTED THIS REGULATION:
Article 1
For the 2002 harvest, Member States shall be authorised to transfer, under the guarantee threshold and before 30 June 2002, quantities from one group of varieties to another in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 July 2002. | [
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Regulation (EC) No 2423/2001 of the European Central Bank
of 22 November 2001
concerning the consolidated balance sheet of the monetary financial institutions sector
(ECB/2001/13)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank(1), and in particular to Article 5(1) and Article 6(4) thereof,
Having regard to Council Regulation (EC) No 2531/98 of 23 November 1998 concerning the application of minimum reserves by the European Central Bank(2), and in particular to Article 6(4) thereof,
Whereas:
(1) Regulation (EC) No 2819/98 of the European Central Bank of 1 December 1998 concerning the consolidated balance sheet of the monetary financial institutions sector (ECB/1998/16)(3) has already been amended by Regulation (EC) No 1921/2000 (ECB/2000/8)(4); now that new substantial amendments are being made to the said Regulation, it is desirable that the provisions in question should be recast by bringing them together in a single text with this Regulation.
(2) The European System of Central Banks (ESCB) requires, for the fulfilment of its tasks, the production of the consolidated balance sheet of the monetary financial institutions (MFI) sector. The principal purpose thereof is to provide the European Central Bank (ECB) with a comprehensive statistical picture of monetary developments in the participating Member States, which are viewed as one economic territory. These statistics cover the aggregate financial assets and liabilities, in terms of stocks, high quality flows for loans and also improved flows for holdings of securities.
(3) The ECB shall, in accordance with the provisions of the Treaty establishing the European Community (hereinafter referred to as the "Treaty") and under the conditions laid down in the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as the "Statute"), make regulations to the extent necessary to implement the tasks of the ESCB as defined in the Statute and in some cases laid down in the provisions adopted by the Council referred to in Article 107(6) of the Treaty.
(4) Article 5.1 of the Statute requires the ECB, assisted by the national central banks (NCBs), to collect the necessary statistical information either from the competent national authorities or directly from economic agents in order to undertake the tasks of the ESCB. Article 5.2 of the Statute stipulates that the NCBs shall carry out, to the extent possible, the tasks described in Article 5.1.
(5) It may be necessary, and may reduce the reporting burden, for NCBs to collect from the actual reporting population the statistical information necessary to fulfil the statistical requirements of the ECB as part of a broader statistical reporting framework which the NCBs establish under their own responsibility in accordance with Community or national law or established practice and which serves other statistical purposes, provided that the fulfilment of the statistical requirements of the ECB is not jeopardised. In order to foster transparency, it is appropriate, in these cases, to inform the reporting agents that data are collected to fulfil other statistical purposes. In specific cases, the ECB may rely on statistical information collected for such purposes to fulfil its requirements.
(6) Article 3 of Regulation (EC) No 2533/98 requires the ECB to specify the actual reporting population within the limits of the reference reporting population and entitles it to fully or partly exempt specific classes of reporting agents from its statistical reporting requirements. Article 6(4) provides that the ECB may adopt regulations specifying the conditions under which the right to verify or to carry out the compulsory collection of statistical information may be exercised.
(7) Article 5 of Regulation (EC) No 2531/98 empowers the ECB to adopt regulations or decisions in order to exempt institutions from the minimum reserve requirements, to specify modalities to exclude or deduct liabilities owed to any other institution from the reserve basis and to establish differing reserve ratios for specific categories of liabilities. Under Article 6, the ECB has the right to collect from institutions the information necessary for the application of minimum reserves and the right to verify the accuracy and quality of the information which institutions provide to demonstrate compliance with the minimum reserve requirements. It is desirable, in order to reduce the overall reporting burden, for the statistical information regarding the monthly balance sheet to be used, in addition, for the regular calculation of the reserve base of the credit institutions subject to the ESCB's minimum reserve system.
(8) Article 4 of Regulation (EC) No 2533/98 provides for Member States to organise themselves in the field of statistics and to cooperate fully with the ESCB in order to ensure fulfilment of the obligations arising from Article 5 of the Statute.
(9) While it is recognised that regulations adopted by the ECB under Article 34.1 of the Statute do not confer any rights or impose any obligations on non-participating Member States, Article 5 of the Statute applies to both participating and non-participating Member States. Regulation (EC) No 2533/98 recalls that Article 5 of the Statute, together with Article 5 of the Treaty, implies an obligation to design and implement at national level all the measures that the non-participating Member States consider appropriate in order to carry out the collection of the statistical information needed to fulfil the ECB's statistical reporting requirements and timely preparations in the field of statistics in order for them to become participating Member States.
(10) In order to facilitate the liquidity management of the ECB and of credit institutions, reserve requirements should be confirmed at the latest on the first day of the maintenance period; the need may exceptionally arise for credit institutions to report revisions to the reserve base or to reserve requirements which have been confirmed; the procedures for confirmation or acknowledgement of reserve requirements are without prejudice to the obligation for reporting agents always to report correct statistical information and to revise incorrect statistical information they may have already reported.
(11) The determination of specific procedures for mergers and divisions involving credit institutions is necessary in order to clarify the obligations of these institutions in respect of reserve requirements; the definitions of mergers and divisions laid down in this Regulation are based on definitions already existing in secondary Community legislation relating to public limited liability companies. These definitions have been adapted to the purposes of this Regulation; these procedures are without prejudice to the possibility of holding minimum reserves through an intermediary.
(12) The monetary statistics of the ECB are derived from MFI balance sheet statistics collected in accordance with Regulation (EC) No 2819/98 (ECB/1998/16) which was prepared during the second stage of economic and monetary union and so were considered to be only the minimum set of data required for monetary policy purposes. Moreover, the Regulation only covered the collection of balance sheet stocks and not the reporting of revaluation adjustment data required to compile flow statistics for counterparts of the broad monetary aggregate M3, from which the growth rates are derived. Taking into account the limitations of these sets of data, it was necessary to enhance the MFI balance sheet statistics.
(13) It is necessary to expand the monthly requirements to provide a monthly breakdown of deposit liabilities by subsector and further by maturity/currency and of loans by subsector/maturity and purpose as these breakdowns are considered essential for monetary policy purposes. This includes the integration of data previously collected only on a quarterly basis.
(14) It is necessary to derive stock and flow statistics for the monetary aggregates and counterparts in a timely manner. From the consolidated balance sheet in terms of stocks, flow statistics are derived using additional statistical information relating to exchange rate changes, other changes in the value of securities and the write-offs/write-downs of loans and other adjustments such as reclassifications.
(15) It is necessary to ensure the availability of appropriately harmonised and high quality data on write-offs/write-downs on loans by addressing a requirement to the statistical reporting agents. There is also a need to collect data on price revaluations of securities.
(16) The separate balance sheet category "money market paper" is removed and merged with the data category "debt securities issued" on the liability side. Instruments classified in this category are entered under "debt securities issued" and allocated according to their original maturity. A corresponding reallocation has been taken also on the asset side of the MFI balance sheet.
(17) The definition of deposits should take into account the use of balances representing prepaid amounts in the context of electronic money,
HAS ADOPTED THIS REGULATION:
Article 1
Definitions
For the purpose of this Regulation, the terms "reporting agents", "participating Member State", "resident" and "residing" shall have the same meaning as defined in Article 1 of Regulation (EC) No 2533/98.
Article 2
Actual reporting population
1. The actual reporting population shall consist of the MFIs resident in the territory of the participating Member States. For statistical purposes, MFIs comprise resident credit institutions as defined in Community law, and all other resident financial institutions whose business is to receive deposits and/or close substitutes for deposits from entities other than MFIs, and, for their own account (at least in economic terms), to grant credits and/or make investments in securities.
2. National central banks may grant derogations to small MFIs, provided that the MFIs which contribute to the monthly consolidated balance sheet account for at least 95 % of the total MFI balance sheet in terms of stocks, in each participating Member State. NCBs shall check the fulfilment of this condition in good time in order to grant or withdraw, if necessary, any derogation with effect from the start of each year.
Article 3
List of MFIs for statistical purposes
1. In accordance with the classification principles set out in Part 1(I) of Annex I, the ECB shall establish and maintain a list of MFIs for statistical purposes, taking into account the requirements in respect of frequency and timeliness which arise from its use in the context of the ESCB's minimum reserve system. The competence to establish and maintain the list of MFIs for statistical purposes pertains to the Executive Board of the ECB.
2. The list of MFIs for statistical purposes and its updates shall be made accessible by NCBs and the ECB to the institutions concerned in an appropriate way, including by electronic means, via the Internet or, at the request of the reporting agents concerned, in paper form.
3. The list of MFIs for statistical purposes shall be for information only. However, in the event that the latest accessible version of the list in accordance with paragraph 2 is incorrect, the ECB shall not impose sanctions on any entity which did not properly fulfil its reporting requirements to the extent that it relied in good faith on the incorrect list.
Article 4
Statistical reporting requirements
1. For the purposes of the regular production of the consolidated balance sheet of the MFI sector, in terms of stocks and flows, the actual reporting population shall report monthly statistical information relating to its end-of-month balance sheet and monthly flow adjustments in respect of write-offs/write-downs of loans and price revaluations in respect of security holdings during the reporting period, to the NCB of the Member State in which the MFI is resident. Further details on certain items of the balance sheet shall be reported quarterly, in terms of stocks.
2. The required statistical information is specified in Annex I to this Regulation.
3. The required statistical information shall be reported in accordance with the minimum standards for transmission, accuracy, conceptual compliance and revisions as set out in Annex IV to this Regulation.
4. The NCBs shall define and implement the reporting arrangements to be followed by the actual reporting population in accordance with national characteristics. The NCBs shall ensure that these reporting arrangements provide the statistical information required and allow accurate checking of compliance with the minimum standards for transmission, accuracy, conceptual compliance and revisions as referred to in Article 4(3).
5. The derogations referred to in Article 2(2) shall have the effect of reducing the statistical reporting requirements of MFIs as follows:
- the credit institutions to which such derogations apply shall be subject to the reduced reporting requirements as set out in Annex II to this Regulation,
- those small MFIs that are not credit institutions shall be subject to the reduced reporting requirements as set out in Annex III to this Regulation.
Small MFIs may choose not to make use of the derogations and to fulfil the full reporting requirements instead.
6. Without prejudice to the derogation in Article 2(2), NCBs may grant a derogation in respect of the reporting of revaluation adjustments to money market funds (MMFs), removing from the MMFs any requirement to report the revaluation adjustment.
7. NCBs may grant a derogation in respect of the frequency and the timeliness of the reporting of price revaluations of securities and require these data on a quarterly basis and with the same timeliness as for stock data reported on a quarterly basis, subject to compliance with the following requirements:
- reporting agents shall provide the NCBs with the relevant information on valuation practices, including quantitative indications on the percentage of their holdings of these instruments subject to different valuation methods,
- where a substantial price revaluation has occurred, NCBs shall be entitled to request reporting agents to provide additional information relating to the month in which the development took place.
8. In the event of a merger, a division or any other reorganisation that might affect the fulfilment of its statistical obligations, the reporting agent involved shall inform the relevant NCB, once the intention to implement such operation has become public and in due time before the merger, the division or the reorganisation takes effect, of the procedures that are planned to fulfil the statistical reporting requirements set out in this Regulation.
Article 5
Use of the reported statistical information for the purposes of Regulation (EC) No 2818/98 (ECB/1998/15)
1. The statistical information reported by credit institutions in accordance with this Regulation shall be used by each credit institution to calculate its reserve base in accordance with Regulation (EC) No 2818/98 of the European Central Bank of 1 December 1998 on the application of minimum reserves (ECB/1998/15)(5), as amended by Regulation (EC) No 1921/2000 (ECB/2000/8). In particular, each credit institution shall use this information to verify the fulfilment of its reserve requirement over the maintenance period.
2. Without prejudice to the obligations imposed upon reporting agents by Article 4 and of Annex IV to this Regulation, credit institutions subject to minimum reserves may report revisions to the reserve base and to the reserve requirement in accordance with the procedures mentioned in Article 5 of Regulation (EC) No 2818/98 (ECB/1998/15).
3. Specific and transitional provisions for the purposes of the application of the ESCB's minimum reserve system are set out in Annex II to this Regulation. The specific provisions of this Annex shall prevail over provisions laid down in Regulation (EC) No 2818/98 (ECB/1998/15).
Article 6
Verification and compulsory collection
The right to verify or to collect compulsorily the information which reporting agents shall provide in compliance with the statistical reporting requirements set out in this Regulation shall be exercised by the NCBs, without prejudice to the right of the ECB to exercise these rights itself. This right shall be exercised in particular when an institution included in the actual reporting population does not fulfil the minimum standards for transmission, accuracy, conceptual compliance and revisions as set out in Annex IV to this Regulation.
Article 7
Transitional provisions
Transitional provisions for application of parts to this Regulation are laid down in Annex V to this Regulation.
Article 8
Repeal
1. Regulation (EC) No 2819/98 (ECB/1998/16) is hereby repealed.
2. References made to the repealed Regulation shall be construed as being made to this Regulation.
Article 9
Final provision
This Regulation shall enter into force on 1 January 2002.
Done at Frankfurt am Main, 22 November 2001. | [
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COMMISSION REGULATION (EEC) No 1410/93 of 8 June 1993 re-establishing the levying of customs duties on products falling within CN codes ex 9101 and ex 9102, originating in China, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3831/90 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3831/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of certain industrial products originating in developing countries (1), extended for 1993 by Regulation (EEC) No 3917/92 (2), and in particular Article 9 thereof,
Whereas, pursuant to Articles 1 and 6 of Regulation (EEC) No 3831/90, suspension of customs duties shall be accorded for 1993 to each of the countries or territories listed in Annex III other than those listed in column 4 of Annex I, within the framework of the preferential tariff ceilings fixed in column 6 of Annex I;
Whereas, as provided for in Article 7 of that Regulation, as soon as the individual ceilings in question are reached at Community level, the levying of customs duties on imports of the products in question originating in each of the countries and territories concerned may at any time be re-established;
Whereas, in the case of products falling within CN codes ex 9101 and ex 9102, originating in China, the individual ceiling was fixed at ECU 11 576 000; whereas on 29 March 1993, imports of these products into the Community originating in China reached the ceiling in question after being charged thereagainst; whereas, it is appropriate to re-establish the levying of customs duties in respect of the products in question against China,
HAS ADOPTED THIS REGULATION:
Article 1
As from 13 June 1993, the levying of customs duties, suspended for 1993 pursuant to Council Regulation (EEC) No 3831/90, shall be reintroduced on imports into the Community of the following products, originating in China:
/* Tables: see OJ */
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, 8 June 1993. | [
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Commission Regulation (EC) No 738/2003
of 28 April 2003
on the supply of white sugar as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1292/96 of 27 June 1996 on food-aid policy and food-aid management and special operations in support of food security(1), as amended by Regulation (EC) No 1726/2001 of the European Parliament and of the Council(2), and in particular Article 24(1)(b) thereof,
Whereas:
(1) The abovementioned Regulation lays down the list of countries and organisations eligible for Community aid and specifies the general criteria on the transport of food aid beyond the fob stage.
(2) Following the taking of a number of decisions on the allocation of food aid, the Commission has allocated white sugar to certain beneficiaries.
(3) It is necessary to make these supplies in accordance with the rules laid down by Commission Regulation (EC) No 2519/97 of 16 December 1997 laying down general rules for the mobilisation of products to be supplied pursuant to Council Regulation (EC) No 1292/96 as Community food aid(3). It is necessary to specify the time limits and conditions of supply to determine the resultant costs,
HAS ADOPTED THIS REGULATION:
Article 1
White sugar shall be mobilised in the Community, as Community food aid for supply to the recipient listed in the Annex, in accordance with Regulation (EC) No 2519/97 and under the conditions set out in the Annex.
The tenderer is deemed to have noted and accepted all the general and specific conditions applicable. Any other condition or reservation included in his tender is deemed unwritten.
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, 28 April 2003. | [
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*****
COMMISSION DECISION
of 4 February 1982
concerning animal health conditions and veterinary certification for imports of fresh meat from Romania
(82/132/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (1), as last amended by Directive 81/476/EEC (2), and in particular Article 16 thereof,
Whereas it is necessary to lay down health requirements for imports of fresh meat from Romania;
Whereas, following a Community veterinary mission, it appears that the animal health situation in Romania compares favourably with that in most of the Community countries, particularly as regards diseases transmissible through meat;
Whereas, in addition, the responsible veterinary authorities of Romania have confirmed that Romania has for at least 12 months been free from rinderpest, exotic and classical foot-and-mouth disease, African swine fever, classical swine fever, contagious porcine paralysis (Teschen disease) and swine vesicular disease and that no vaccinations have been carried out against those diseases during that time, with the exception of classical foot-and-mouth disease and classical swine fever; whereas animals vaccinated against foot-and-mouth disease and classical swine fever are present in Romania;
Whereas the responsible veterinary authorities of Romania have undertaken to notify the Commission of the European Communities and the Member States, by telex or telegram, within 24 hours, of the confirmation of the occurrence of any of the abovementioned diseases or an alteration in vaccination policy against them;
Whereas animal health conditions and veterinary certification must be adapted according to the animal health situation of the non-member country concerned;
Whereas certain Member States, because of their particular animal health situations concerning foot-and-mouth disease and swine fever, benefit from special provisions in intra-Community trade and should therefore also be authorized to apply special provisions in respect of imports from third countries; whereas these provisions must be at least as strict as those which the same Member States apply in intra-Community trade;
Whereas it will be necessary to re-examine this Decision with a view to its adaptation to Community rules concerning the control and eradication of foot-and-mouth disease and swine fever within the Community;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
1. Member States shall authorize the importation of the following categories of fresh meat from Romania:
(a) fresh meat of domestic animals of the bovine, porcine, ovine or caprine species, conforming to the guarantees laid down in the animal health certificate in accordance with Annex A, which must accompany the consignment;
(b) fresh meat of domestic solipeds, conforming to the guarantees laid down in the animal health certificate in accordance with Annex B, which must accompany the consignment.
2. Member States shall not authorize the importation of categories of fresh meat from Romania other than those referred to in paragraph 1.
Article 2
1. Until the adoption by the Council of rules concerning the control and eradication of foot-and-mouth disease within the Community, and while continuing to prohibit vaccination against foot-and-mouth disease, Ireland and the United Kingdom in respect of Northern Ireland may, in respect of fresh meat of bovine animals, swine, sheep and goats referred to under Article 1 (1) (a), retain their national animal health rules relating to protection against foot-and-mouth disease.
2. While remaining officially free from swine fever, Denmark, Ireland and the United Kingdom may, in respect of fresh meat of swine referred to under Article 1 (1) (a), retain their national animal health rules relating to protection against swine fever.
Article 3
This Decision shall not apply to imports of glands and organs authorized by the country of destination for pharmaceutical manufacturing purposes.
Article 4
This Decision shall be re-examined with a view to its adaptation to Community rules concerning the control and eradication of foot-and-mouth disease and swine fever within the Community.
Articles 5
This Decision shall apply from 1 July 1982.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 4 February 1982. | [
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COMMISSION REGULATION (EEC) No 3574/91 of 9 December 1991 amending Regulation (EEC) No 1481/86 on the determination of prices of fresh or chilled sheep carcases on representative Community markets and the survey of prices of certain other qualities of sheep carcases in the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3013/89 of 25 September 1989 on the common organization of the market in sheepmeat and goatmeat (1), as amended by Regulation (EEC) No 1741/91 (2), and in particular Article 4 (5) thereof,
Whereas Commission Regulation (EEC) No 1481/86 (3), as last amended by Regulation (EEC) No 1681/91 (4), lays down the rules for the determination of prices of fresh or chilled sheep carcases on representative Community markets as well as the survey of prices of certain other qualities of sheep carcases in the Community;
Whereas the coefficients used for calculating the price of sheep carcases on representative Community markets should be adjusted in the light of the figures available with regard to sheep production;
Whereas Commission Regulation (EEC) No 3246/91 (5) authorizes the United Kingdom to grant no longer the variable slaughter premium provided for in Article 24 of Regulation (EEC) No 3013/89 with effect from the 1992 marketing year;
Whereas the system of price reporting in Great Britain should therefore be altered; whereas price reporting should be based on representative live auction markets in England, Wales and Scotland;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sheep and Goats,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1481/86 is hereby amended as follows:
1. Annex I is replaced by Annex I annexed to this Regulation.
2. In Annex II point K is replaced by the following:
'K. GREAT-BRITAIN 1. Representative markets:
Representative livestock auction
markets in regions:
- England
- Wales
- Scotland Weighting coefficients
The prices recorded in each representative livestock auction market in each region are to be weighted by means of coefficients which are variable each week and reflect the number of lambs sold in these markets compared to the regional total for all such markets. The prices established for each region are also to be weighted by means of coefficients which are variable each week and reflect the number of lambs sold in each region compared with the national total for all such markets. 2. Categories:
- New-season lamb
- Old-season lamb Weighting coefficients
The prices recorded for each category are to be weighted by means of coefficients which are variable each week and reflect the relative importance of the total estimated carcase weight of lambs in each category compared with the total estimated carcase weight of all lambs born in the 12-month period prior to marketing.'
3. In Annex III point K is replaced by the following:
'K. GREAT BRITAIN Lambs: Lambs less than 12 months old with an estimated carcase weight of between 12 and 21,5 kilograms. Where lambs are sold in lots, the average converted carcase weight of lambs in the lot must be within these weight limits. Definition of categories: - New-season lamb: Ovine animals born and marketed within a year beginning on the first Monday in January, or born after the beginning of October in the year prior to marketing. - Old-season lamb: Lambs born up to the beginning of October in the year prior to the year of marketing and marketed in the period between the week commencing on the first Monday in January and the week commencing on the second Monday in May.'
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 from the beginning of the 1992 marketing year. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 1991. | [
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COMMISSION REGULATION (EC) No 7/2008
of 7 January 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 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 8 January 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 January 2008. | [
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COMMISSION DECISION
of 20 October 2004
on the aid scheme ‘Invest Northern Ireland Venture 2003’ which the United Kingdom is planning to implement for SMEs in Northern Ireland
(notified under document number C(2004) 3917)
(Only the English text is authentic)
(Text with EEA relevance)
(2005/644/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having called on interested parties to submit their comments pursuant to those provisions (1) and having regard to their comments,
Whereas:
I. PROCEDURE
(1)
By letter dated 20 March 2003, registered at the Commission on 26 March 2003, the United Kingdom authorities notified the Invest Northern Ireland Venture 2003 scheme to the Commission.
(2)
By letter D/53203 dated 15 May 2003 and by letter D/55504 dated 29 August 2003, the Commission requested further information concerning the notified measure.
(3)
By letter dated 24 June 2003 and by letter dated 30 September 2003, registered at the Commission on 1 July 2003 and 1 October 2003 respectively, the United Kingdom authorities submitted the information requested.
(4)
By letter dated 26 November 2003, the Commission informed the United Kingdom that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the measure.
(5)
The Commission’s decision to initiate the procedure was published in the Official Journal of the European Union (2). The Commission called on interested parties to submit their comments.
(6)
By letter dated 6 January 2004, registered at the Commission on 9 January 2004, the United Kingdom submitted a response to the Commission’s decision to initiate the procedure.
(7)
By letters dated 25 February 2004, 27 February 2004, 1 March 2004, 2 March 2004, 3 March 2004, 4 March 2004, and 5 March 2004, registered at the Commission on 2 March 2004, 3 March 2004, 4 March 2004, 8 March 2004, and 10 March 2004, the Commission received observations from 11 interested parties.
(8)
By letter D/52015 dated 18 March 2004, the Commission forwarded those comments to the United Kingdom, which was given the opportunity to react.
(9)
The United Kingdom’s opinion on the third parties’ comments was received by letter dated 29 April 2004, registered at the Commission on 3 May 2004.
(10)
By letter dated 23 June 2004, registered at the Commission on 24 June 2004, the United Kingdom submitted additional information concerning the notified measure.
II. DETAILED DESCRIPTION OF THE MEASURE
1. Objective of the measure
(11)
The measure is intended to provide risk capital funding for small and medium-sized enterprises (3) (SMEs) in Northern Ireland by establishing a new venture capital fund.
(12)
The Invest Northern Ireland Venture 2003 Fund (hereafter referred to as the fund) is intended to address the particular financing difficulties encountered by SMEs in Northern Ireland.
(13)
On 4 February 2003 the Commission approved the Small and Medium Enterprises Venture Capital and Loan Fund (4), an umbrella scheme for all regions in the United Kingdom, including Northern Ireland.
(14)
The Small and Medium Enterprises Venture Capital and Loan Fund regulates the establishment of venture capital funds specialising in risk capital funding for SMEs across the United Kingdom and in Gibraltar.
(15)
In its decision of 4 February 2003, the Commission approved State-aided venture capital in certain economic areas qualifying for assistance pursuant to Article 87(3)(c) of the EC Treaty up to a maximum of EUR 750 000 in a single tranche.
(16)
As Northern Ireland is currently classified as an area qualifying for assistance under Article 87(3)(c) of the EC Treaty (5), investments to SMEs in Northern Ireland under the Small and Medium Enterprises Venture Capital and Loan Fund umbrella scheme are restricted to EUR 750 000 in a single tranche.
(17)
Given the exceptional challenges encountered by Northern Ireland, the United Kingdom authorities, by means of the notified measure, intend to provide risk capital finance of up to GBP 1 500 000 (EUR 2,2 million) in a single tranche to SMEs in Northern Ireland, thereby exceeding the maximum investment sizes per tranche as approved in the decision concerning the Small and Medium Enterprises Venture Capital and Loan Fund.
(18)
All other material aspects of the notified measure respect the conditions laid down in the decision concerning the Small and Medium Enterprises Venture Capital and Loan Fund.
2. Description of the measure
(19)
The legal basis of the scheme is Article 7 of the Industrial Development (Northern Ireland) Order 1982.
(20)
The United Kingdom proposes to establish a GBP 15 million (EUR 22 million) to GBP 20 million (EUR 29 million) venture capital fund.
(21)
If less than GBP 20 million (EUR 29 million) is raised, the government contribution will reduce pro rata.
(22)
If more than GBP 20 million (EUR 29 million) is raised, the fund will accept the additional investments from private sector investors. The government funding will not be increased to a corresponding level.
(23)
Under no circumstances will the public contribution to the fund exceed 50 % of the total fund volume.
(24)
The fund will be newly set up as a 10-year limited partnership that can be extended with the consent of all investors to a maximum of 12 years to facilitate successful exits from the fund.
(25)
The scheme will only apply to small and medium-sized enterprises in Northern Ireland.
(26)
Firms in difficulties are excluded under the scheme.
(27)
Funding will not be provided to businesses in sectors suffering from overcapacity, including shipbuilding, and European Coal and Steel Community sectors.
(28)
The fund will make investments in beneficiary SMEs in the range of GBP 250 000 (EUR 367 000) to GBP 1,5 million (EUR 2,2 million). On occasions, follow-on investments may be made for a further round of funding. These decisions will be independent of previous investment decisions and will be based on the performance of the recipient SME.
(29)
The United Kingdom authorities have stated that any SMEs receiving risk capital funding under the scheme would, for the duration of the investment, have any further eligible regional aid and SME aid reduced by 30 % of the aid intensity that would otherwise have been found compatible by the Commission.
(30)
The Commission Communication on State aid and risk capital (hereafter referred to as the Communication) (6) recognises a role for public funding of risk capital measures limited to addressing identifiable market failures.
(31)
The Communication states that specific factors adversely affecting the access of SMEs to capital, such as imperfect or asymmetric information or high transaction costs can cause a market failure that would justify State aid.
(32)
The Communication further states that there is no general risk capital market failure in the Community, but rather market gaps for some types of investments at certain stages of enterprises’ lives as well as particular difficulties in regions qualifying for assistance under Article 87(3)(a) and (c) of the EC Treaty (assisted areas).
(33)
The Communication goes on to explain that in general, the Commission will require provision of evidence of market failure before being prepared to authorise risk capital measures.
(34)
The Commission may however be prepared to accept the existence of market failure without further provision of evidence in cases where each tranche of finance for an enterprise from risk capital measures which are wholly or partially financed through State aid will comprise a maximum of EUR 500 000 in non-assisted areas, EUR 750 000 in areas qualifying for assistance under Article 87(3)(c) of the Treaty, or EUR 1 million in areas qualifying for assistance under Article 87(3)(a) of the Treaty.
(35)
It follows that, for those cases where those amounts are exceeded, the Commission will require a demonstration of market failure justifying the proposed risk capital measure before assessing the compatibility of the measure in accordance with the positive and negative criteria listed under point VIII.3 of the Communication.
(36)
The Invest Northern Ireland Venture 2003 scheme proposed by the United Kingdom foresees risk capital investments in the range of GBP 250 000 (EUR 367 000) to GBP 1,5 million (EUR 2,2 million) per investment tranche for SMEs in Northern Ireland.
(37)
According to the Regional Aid Map 2000-2006 for the United Kingdom, Northern Ireland is currently classified as an area qualifying for assistance pursuant to Article 87(3)(c) of the EC Treaty.
(38)
In line with the provisions of the Communication, the Commission would hence be prepared to accept the existence of market failure without further provision of evidence if risk capital funding for SMEs in Northern Ireland wholly or partially financed through State aid would be limited to the maximum amount of EUR 750 000 as foreseen for assisted areas pursuant to Article 87(3)(c) of the EC Treaty under point VI.5 of the Communication.
(39)
In the notification, the United Kingdom has clarified that with the exception of the proposed maximum tranche size of GBP 1,5 million (EUR 2,2 million), all other material aspects of the proposed measure will be in line with the already approved Small and Medium Enterprises Venture Capital and Loan Fund.
(40)
The Commission therefore considers that its decision on the Small and Medium Enterprises Venture Capital and Loan Fund covers all those investments proposed under the Invest Northern Ireland Venture 2003 scheme ranging from GBP 250 000 (EUR 367 000) to GBP 510 000 (EUR 750 000) per single investment tranche.
(41)
In line with the provisions of the Communication, risk capital investments proposed under the Invest Northern Ireland Venture 2003 scheme ranging from GBP 510 000 (EUR 750 000) to GBP 1,5 million (EUR 2,2 million) would necessitate the provision of evidence of market failure by the United Kingdom.
(42)
In order to demonstrate the existence of market failure, the United Kingdom referred to several distinctive particularities of the venture capital market in Northern Ireland as underlined by a study (7). The main arguments brought forward were:
(a)
there is a gap in the provision of venture capital for SMEs in Northern Ireland in the deal size range of GBP 250 000 (EUR 367 000) to GBP 1,5 million (EUR 2,2 million);
(b)
whilst such a market failure also exists in other regional economies, it is more pronounced in Northern Ireland for the following reasons:
(i)
the venture capital market in Northern Ireland lags many years behind the rest of the United Kingdom in terms of total investment, number of deals, number of funds and availability of fund management skills;
(ii)
the size of the Northern Ireland market, the fact that it is physically separated from the rest of the United Kingdom, and the long lasting impact of civil unrest in Northern Ireland have resulted in an absence of any wholly private sector venture capital funds, either locally based or investing in Northern Ireland SMEs from mainland United Kingdom;
(iii)
in addition, it is difficult to attract experienced fund managers to Northern Ireland.
(43)
By letter dated 26 November 2003, the Commission informed the United Kingdom of its decision to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the Invest Northern Ireland Venture 2003 scheme.
(44)
In its letter, the Commission stated that it had doubts as to whether the arguments presented by the United Kingdom in support of the existence of market failure could sufficiently justify the granting of risk capital investment tranches considerably exceeding the maximum amounts foreseen by the Communication for areas qualifying for assistance pursuant to Article 87(3)(c) of the EC Treaty.
(45)
The Commission went on to explain that it considered a more thorough analysis of the issue to be necessary. Such an analysis would need to include any observations made by interested parties. Only after consideration of third party comments could the Commission decide whether the measure proposed by the United Kingdom affects trading conditions to an extent contrary to the common interest.
III. COMMENTS FROM INTERESTED PARTIES
(46)
In response to the publication of its decision to open the formal procedure in the Official Journal of the European Union, the Commission received observations from the following interested parties:
-
Enterprise Equity (NI) Limited,
-
Momentum Northern Ireland,
-
Qubis Limited,
-
Ulster Farmers’ Union,
-
CBI Northern Ireland,
-
Institute of Directors Northern Ireland,
-
Investment Belfast Limited,
-
Inter Trade Ireland,
-
BDO Stoy Hayward,
-
The Ulster Society of Chartered Accountants,
-
International Fund for Ireland.
(47)
All comments received were positive and underlined the importance of the measure as well as the appropriateness of the proposed maximum investment amounts.
(48)
The arguments put forward by the interested parties highlight the difficulty for local companies in Northern Ireland to raise equity funding of GBP 1 million (EUR 1,5 million) to GBP 1,5 million (EUR 2,2 million). This is mainly a result of the following factors:
(a)
venture funds in the rest of the United Kingdom are increasing minimum investment levels and this is also being mirrored in Northern Ireland;
(b)
the peripherality of Northern Ireland adversely influences funds in terms of cost;
(c)
funds from the rest of the United Kingdom and the Republic of Ireland are largely uninterested in investments of this deal size and there is no local Northern Ireland fund capable of undertaking such investments;
(d)
a general misplaced negative perception due to civil unrest in the past that continues to adversely affect the attitude of investors when considering Northern Ireland as an investment location.
IV. COMMENTS FROM THE UNITED KINGDOM
(49)
The United Kingdom’s comments on the Commission’s decision to open the formal procedure laid down in Article 88(2) of the EC Treaty, as well as on the observations from third parties will be summarised in the following recitals.
(50)
There are a number of general economic weaknesses that must be addressed in order to improve the competitive position of Northern Ireland:
(a)
Northern Ireland’s Gross Domestic Product (GDP) per capita is below the United Kingdom average (77,5 % of United Kingdom average). The gap has only narrowed marginally over the course of the 1990s (three percentage points since 1989);
(b)
whole economy productivity as measured by GDP per employee in Northern Ireland is below that of the United Kingdom (89 % of United Kingdom average);
(c)
high dependency on small businesses: 85 000 businesses in total, of which 99 % employ fewer than 50 people, and 93 % employ fewer than 10 people;
(d)
manufacturing remains dependent on low value-added ‘traditional sectors’, the high value added business services sector is only half the size of its United Kingdom equivalent;
(e)
a small number of knowledge-based businesses compared with other United Kingdom regions;
(f)
low levels of innovation and R&D activity;
(g)
one of the lowest start-up rates of any United Kingdom region;
(h)
shortage of debt and equity finance available for start-up companies.
(51)
In addition to the general economic weaknesses, the venture capital market in Northern Ireland is underdeveloped compared to other United Kingdom regions:
(a)
the level of venture capital investment in Northern Ireland over the period 1985-2002 represented only 0,7 % of the United Kingdom’s total venture capital investment as compared with Northern Ireland’s share of United Kingdom GDP of 2,2 %;
(b)
venture capital activity in Northern Ireland would have to increase by four times its current level to match the per capita levels of other United Kingdom regions such as Wales or Scotland.
(52)
There are a number of general factors that are related to this phenomenon:
(a)
peripheral location: Northern Ireland is significantly disadvantaged by its geographical location;
(b)
growth of indigenous business: Growth in the local economy has been severely limited over the last years due to civil unrest;
(c)
grant culture: This has arisen due to the government’s need to intervene in Northern Ireland industrial development activities at a much higher level than elsewhere in the United Kingdom. Accordingly, businesses have not been disposed to consider taking in new equity.
(53)
While some funds have been established in recent years, much more needs to be done, especially in generating adequate deal flow, but also in broadening the range and quantity of investors:
(a)
Northern Ireland is poorly represented for venture capital and has only a small number of locally based funds which are mainly focused on small deal sizes;
(b)
only three venture capital fund managers maintain a full-time presence in the region;
(c)
the majority of venture capital funds available offer investment of below GBP 500 000 (EUR 730 000);
(d)
studies suggest that the average size of early stage funding for technology businesses increases as the market matures. For Northern Ireland, the equity gap for first round funding within the next five years is expected to be in the range of GBP 250 000 (EUR 367 000) to GBP 1,5 million (EUR 2,2 million);
(e)
in recognition of the increased scale of projects and predicted increases in demand, two or more commercial-sized funds of around GBP 15 million (EUR 22 million) each should be established in Northern Ireland over the next five years, one of which should be a government assisted fund.
(54)
The United Kingdom had no further comments to make on the responses from third parties except to highlight the strong support expressed by those third parties for the establishment of the proposed fund.
V. ASSESSMENT OF THE MEASURE
(55)
The Commission has examined the scheme in the light of Article 87 of the EC Treaty and in particular on the basis of the Communication. The results of this assessment are summarised in recitals 56 and following.
1. Legality
(56)
By notifying the scheme, the United Kingdom authorities respected their obligations under Article 88(3) of the EC Treaty.
2. Existence of State aid
(57)
The United Kingdom confirms that, with the exception of the allowable maximum amount of risk capital funding per single tranche, all other material aspects of the Invest Northern Ireland Venture 2003 scheme are in line with the Commission’s decision concerning the Small and Medium Enterprises Venture Capital and Loan Fund.
(58)
The Commission’s assessment of the existence of State aid in this case, therefore follows the assessment made in that decision.
(59)
In its decision concerning the Small and Medium Enterprises Venture Capital and Loan Fund, the Commission stated that, in line with point IV.2 of the Communication, the assessment of the presence of State aid would need to take into account the possibility that a risk capital measure may confer aid at different levels.
(60)
The Commission went on to conclude that the Small and Medium Enterprises Venture Capital and Loan Fund involved State aid within the meaning of Article 87(1) of the EC Treaty at the level of the investors and at the level of the beneficiary SMEs. The Commission also considered that State aid within the meaning of Article 87(1) of the EC Treaty was not present at the level of the fund, or for unsecured loans granted to SMEs at the prevailing reference rate plus 4 percentage points or more, or for secured loans at the prevailing reference rate.
(61)
That assessment is still valid for the assessment of the notified measure in this Decision.
3. Evidence of market failure
(62)
In line with the provisions of the Communication, the Commission is prepared to accept the existence of market failure without further provision of evidence if risk capital funding wholly or partially financed through State aid for SMEs in areas qualifying for assistance pursuant to Article 87(3)(c) of the EC Treaty is limited to the maximum amount of EUR 750 000 as foreseen under point VI.5 of the Communication.
(63)
The measure proposed by the United Kingdom foresees risk capital investments in the range of GBP 250 000 (EUR 367 000) to GBP 1,5 million (EUR 2,2 million) per investment tranche for SMEs in Northern Ireland.
(64)
According to the Regional Aid Map 2000-2006 for the United Kingdom, Northern Ireland is currently classified as an area qualifying for assistance pursuant to Article 87(3)(c) of the EC Treaty. However, according to the Regional Aid Map 2000-2006 for the United Kingdom, Northern Ireland is considered to be an ‘atypical’ Article 87(3)(c) region with a corresponding regional aid ceiling of 40 %, generally reserved for regions qualifying for assistance under Article 87(3)(a).
(65)
In line with the provisions of the Communication, the Commission has informed the United Kingdom that in view of the fact that the proposed risk capital investments under the notified scheme exceed the EUR 750 000 threshold foreseen for areas qualifying for assistance pursuant to Article 87(3)(c), the United Kingdom would have to provide evidence of market failure.
(66)
In order to demonstrate the existence of market failure for risk capital investments exceeding EUR 750 000 for SMEs in Northern Ireland, the United Kingdom presented arguments indicating that the venture capital market in Northern Ireland is characterised by unique particularities distinguishing it from other regions in the United Kingdom.
(67)
The arguments put forward by the United Kingdom were supported by a study underlining that there exists a gap in the provision of private venture capital for SMEs in Northern Ireland in the deal size range of GBP 250 000 (EUR 367 000) to GBP 1,5 million (EUR 2,2 million).
(68)
Although such a market gap also occurs in other regional economies, the United Kingdom submitted that it is more pronounced in Northern Ireland. This has been demonstrated by the study submitted by the United Kingdom.
(69)
According to that study, venture capital activity in Northern Ireland, in terms of the number of deals and the value of the deals, varies significantly from other United Kingdom regions such as Scotland and the North West and Merseyside region. Whereas the number of deals for early stage companies in Scotland for the period 2000-2002 was 9,9 % of the United Kingdom total, and in the North West and Merseyside region was 8,1 % of the United Kingdom total, Northern Ireland only accounted for 4,4 % of the United Kingdom total. For companies in the expansion stage, the respective figures were 10,2 % of the United Kingdom total in Scotland, 7,9 % of the United Kingdom total in the North West and Merseyside region, and only 2,4 % of the United Kingdom total in Northern Ireland.
(70)
With regard to the value of the deals in the early stage and expansion phases, the study shows that for early stage investments, Scotland represented 8,1 % of the United Kingdom total for the period 2000-2002, the North West and Merseyside region 5,7 %, and Northern Ireland 2,2 % of the United Kingdom total. The difference is even more accentuated if one looks at the value of deals for companies in the expansion stage. There, Scotland represents 9,5 % of the United Kingdom total, the North West and Merseyside region 21,2 % of the United Kingdom total, and Northern Ireland only 0,7 %.
(71)
This fact is further underlined by data in the study comparing the average deal sizes for the period 2000-2002. Here the United Kingdom average for early stage investments is GBP 1,14 million compared to GBP 0,93 million in Scotland, GBP 0,81 million for the North West and Merseyside region, and GBP 0,36 million for Northern Ireland. For SMEs in the expansion stage, the difference is once again much more pronounced. Whereas the average for the United Kingdom is GBP 2,82 million, GBP 2,63 million for Scotland, and GBP 7,62 million for the North West and Merseyside region, it reaches only GBP 0,86 million in Northern Ireland.
(72)
These figures underlining the relative weakness of the venture capital market in Northern Ireland - according to the study Northern Ireland generally accounts for only 0,7 % of total investments in the United Kingdom although it represents a 2,2 % share of the United Kingdom GDP - especially for SMEs in the expansion phase, can be explained by looking at the venture capital funds currently active in Northern Ireland. Out of eight existing and active venture capital funds, only one offers financing for deal sizes ranging from GBP 250 000 to GBP 1,5 million, but has already reached the end of its investment period. All other funds only offer financing for deals below GBP 250 000.
(73)
The study submitted to the Commission by the United Kingdom has argued that this gap for the provision of equity financing in the deal size range between GBP 250 000 and GBP 1,5 million is clearly related to the general socioeconomic characteristics of Northern Ireland as described under recitals 50 and following. These particularities of Northern Ireland, namely its peripherality and the legacy of civil unrest, have aggravated the two sources of market failure - imperfect or asymmetric information and high transaction costs - as described by the Communication.
(74)
In its decision to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the proposed aid measure, the Commission stated that in view of the maximum investment amounts proposed under the scheme, which considerably exceed the maximum investment amounts foreseen by the Communication, it was necessary to seek observations from interested parties in order to decide whether the measure affects trading conditions to an extent contrary to the common interest.
(75)
All comments received from interested third parties were positive and underlined the importance of the measure in general as well as the appropriateness of the proposed maximum investment amounts.
(76)
Taking into account the information presented in the initial notification, the comments submitted by interested third parties as well as the additional information delivered by the United Kingdom following the Commission’s decision to open the procedure laid down in Article 88(2) of the EC Treaty, it is concluded that the United Kingdom has provided sufficient evidence of the existence of market failure in the venture capital market in Northern Ireland.
4. Compatibility of the measure
(77)
The United Kingdom has confirmed that, with the exception of the allowable maximum amount of risk capital funding per single tranche, all other material aspects of the notified scheme are in line with the Commission’s decision concerning the Small and Medium Enterprises Venture Capital and Loan Fund.
(78)
The assessment of the compatibility of the notified State aid therefore follows the assessment made in the decision concerning the Small and Medium Enterprises Venture Capital and Loan Fund. In its decision in that case, the Commission concluded that all positive elements as outlined under point VIII.3 of the Communication were fulfilled. This is also true in respect of the Invest Northern Ireland Venture 2003 fund.
(79)
The following elements are regarded as positive elements:
(a)
restriction of investments to SMEs in their start up and early stages and/or SMEs seeking to expand or diversify;
(b)
focus on risk capital market failure: delivery of finance to SMEs principally in the form of equity or quasi-equity;
(c)
profit-driven nature of the investment decisions: Market economy investors will provide at least 40 % of the capital of the fund. Professional fund managers will take all investment decisions and their remuneration will be directly linked to the performance of the fund;
(d)
minimisation of the level of distortion between investors and investment funds: The investors will be chosen by competitive tender. Private investors will be given notice of the opportunity to invest by virtue of advertising. No person or organisation will be debarred from investing in the fund. Investors will be chosen by selecting the least preferential terms necessary in order to induce the private sector to invest. In order to prevent overcompensation to investors, the benefits will be split between the public and private investors according to their respective level of investment;
(e)
sectoral focus: sensitive sectors are excluded;
(f)
investment on the basis of business plans: All investments will be made on the basis of robust business plans together with a variety of other standard commercial tests to ensure the viability of the project and the expected commercial return;
(g)
avoidance of cumulation of aid measures to a single enterprise: The United Kingdom authorities have stated that any SMEs receiving risk capital funding under the scheme would, for the duration of the investment, have any further eligible regional aid and SME aid reduced by 30 % of the aid intensity that would otherwise have been found compatible by the Commission.
(80)
It is therefore concluded that all positive aspects as required by the Communication are present in respect of the notified scheme.
VI. CONCLUSION
(81)
It is therefore concluded that the Invest Northern Ireland Venture 2003 scheme fulfils the conditions set out in the Communication. The notified measure should therefore be declared compatible with the common market pursuant to Article 87(3)(c) of the EC Treaty as aid to facilitate the development of certain economic activities or of certain economic areas without adversely affecting trading conditions to an extent contrary to the common interest,
HAS ADOPTED THIS DECISION:
Article 1
The State aid which the United Kingdom is planning to implement under the Invest Northern Ireland Venture 2003 scheme is compatible with the common market within the meaning of Article 87(3)(c) of the Treaty. Implementation of the aid is accordingly authorised.
Article 2
The United Kingdom shall submit an annual report on the implementation of the aid.
Article 3
This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 20 October 2004. | [
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COUNCIL DECISION
of 27 June 2006
on the signing of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway
(2006/697/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union and in particular Articles 24 and 38 thereof,
Whereas:
(1)
The European Union is determined to improve judicial cooperation in criminal matters between the Member States of the European Union and Iceland and Norway, without prejudice to the rules protecting individual freedom.
(2)
Following the Council Decision of 10 July 2001 authorising the Presidency of the Council to negotiate Agreements with Norway and Iceland on judicial cooperation in criminal matters on the basis of Articles 24 and 38 of the Treaty on European Union, which was amended by the Council Decision of 19 December 2002, the Presidency, assisted by the Commission, negotiated an agreement on the surrender procedure between the Member States of the European Union and Iceland and Norway,
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway is hereby approved on behalf of the European Union, subject to its conclusion.
The text of the Agreement and the declarations to be made upon the signing of the Agreement are attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement subject to its conclusion.
Article 3
This Decision and the Agreement attached thereto shall be published in the Official Journal of the European Union.
Done at Luxembourg, 27 June 2006. | [
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Commission Regulation (EC) No 472/2004
of 12 March 2004
fixing the export refunds on beef and veal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), and in particular Article 33(12) thereof,
Whereas:
(1) Article 33 of Regulation (EC) No 1254/1999 provides that the difference between prices on the world market for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund.
(2) Commission Regulations (EEC) No 32/82(2), (EEC) No 1964/82(3), (EEC) No 2388/84(4), (EEC) No 2973/79(5) and (EC) No 2051/96(6), lay down the conditions for granting special export refunds on certain cuts of beef and veal and certain preserved beef and veal products, and for certain destinations.
(3) It follows from applying those rules and criteria to the foreseeable situation on the market in beef and veal that the refund should be as set out below.
(4) With regard to live animals, for reasons of simplification export refunds should no longer be granted for categories with insignificant trade with third countries. Moreover, in the light of the general concern of animal welfare, export refunds for live animals for slaughter should be limited as much as possible. Consequently, export refunds for such animals should only be granted for third countries which for cultural and/or religious reasons traditionally import substantial numbers of animals for domestic slaughter. As to live animals for reproduction, in order to prevent any abuse, export refunds for pure-bred breeding animals should be limited to heifers and cows of no more than 30 months of age.
(5) Export refunds should be granted for certain destinations on some fresh or chilled meat listed in the Annex under CN code 0201, on some frozen meat listed in the Annex under CN code 0202, on some meat or offal listed in the Annex under CN code 0206 and on some other prepared or preserved meat or offal listed in the Annex under CN code 1602 50 10.
(6) In the case of meat of bovine animals, boned or boneless, salted and dried, there are traditional trade flows to Switzerland. To allow this trade to continue, the refund should be set to cover the difference between prices on the Swiss market and export prices in the Member States.
(7) In the case of certain other cuts and preserves of meat or offal shown in the Annex under CN codes 1602 50 31 to 1602 50 80, the Community presence of international trade may be maintained by granting a refund corresponding to that at present available.
(8) In the case of other beef and veal products, a refund need not be fixed since the Community's share of world trade is not significant.
(9) Commission Regulation (EEC) No 3846/87(7) establishes the agricultural product nomenclature for the purposes of export refunds. The refunds are set on the basis of the product codes as defined in that nomenclature.
(10) In order to simplify customs export formalities for operators, the refunds on all frozen cuts should be brought into line with those on fresh or chilled cuts other than those from adult male bovine animals.
(11) Checks on products covered by CN code 1602 50 should be stepped up by making the granting of refunds on these products conditional on manufacture under the arrangements provided for in Article 4 of Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products(8).
(12) Refunds should be granted only on products that are allowed to move freely in 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(9), Council Directive 94/65/EC(10) and Council Directive 77/99/EEC(11), respectively.
(13) Pursuant to Article 6(2) of Regulation (EEC) No 1964/82, the special refund is to be reduced if the quantity of boned meat to be exported amounts to less than 95 %, but not less than 85 %, of the total weight of cuts produced by boning.
(14) The negotiations on the adoption of additional concessions, held within the framework of the Europe Agreements between the European Community and the associated central and eastern European Countries, aim in particular to liberalise trade in products covered by the common organisation of the market in beef and veal. To this end, it was decided to abolish export refunds on products intended for export to Estonia, Latvia, Lithuania, Hungary, Romania and Slovakia. These countries should therefore be excluded from the list of destinations giving rise to the grant of a refund, while ensuring that the abolition of refunds for these countries may not lead to the creation of a differentiated refund for exports to other countries.
(15) In view of the accession on 1 May 2004 of 10 new Member States to the European Union, and in order to avoid speculation involving refunds on beef and veal exports to some of those countries which have not been excluded from the list of destinations eligible for refunds as a result of the abovementioned Europe Agreements, refunds for exports to those countries should be abolished. The Czech Republic, Slovenia, Poland, Malta and Cyprus should therefore be completely excluded from the list of destinations giving rise to the grant of refunds. The abolition of the refunds for those countries should not lead to the creation of a differentiated refund for exports to other countries.
(16) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. The list of products on which export refunds as referred to in Article 33 of Regulation (EC) No 1254/1999 are granted and the amount thereof and the destinations shall be as set out in the Annex to this Regulation.
2. The products must meet the relevant health marking requirements of:
- 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
In the case referred to in the third subparagraph of Article 6(2) of Regulation (EEC) No 1964/82 the rate of the refund on products falling within product code 0201 30 00 91/00 shall be reduced by EUR 14,00/100 kg.
Article 3
The fact of not setting an export refund for Estonia, Lithuania, Latvia, Hungary, Romania, Slovakia, the Czech Republic, Slovenia, Poland, Malta and Cyprus shall not be deemed to constitue a differentiation of the refund.
Article 4
This Regulation shall enter into force on 15 March 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 March 2004. | [
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*****
COUNCIL REGULATION (EEC) No 1201/88
of 28 April 1988
establishing import mechanisms for certain processed products obtained from sour cherries and originating in Yugoslavia
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 Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) No 3909/87 (2) and in particular Articles 15 (3) and 17 (2) thereof,
Having regard to the proposal from the Commission,
Whereas the Additional Protocol (3) to the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia (4) concluded consequent on the accession of Spain and Portugal provides for the establishment of a system of minimum import prices for processed products obtained from sour cherries, referred to in the Additional Protocol as 'morello cherries', for a maximum of 19 900 tonnes each calendar year;
Whereas the marketing year laid down in Regulation (EEC) No 426/86 for the products in question should be used for the management of these arrangements;
Whereas the said Additional Protocol provides for the possibility of a countervailing charge being collected where the minimum import price for a product is not observed;
Whereas the minimum price for processed products obtained from sour cherries should be fixed, taking into account the price of Community products, the prices of products originating in Yugoslavia and the level of customs duties;
Whereas frozen cherries, whether or not containing added sugar, are marketed either with or without stones and there are substantial differences between the prices of such products; whereas it is therefore necessary to establish a range of minimum prices;
Whereas the current monetary situation results in a difference between the minimum price fixed in ECU and the same price converted into national currency using the representative rate of exchange; whereas this could lead to a distortion of trade; whereas this risk can be averted by use of a coefficient when converting from ECU to national currency;
Whereas the issue of import licences should be suspended as soon as the volume of imports for which licences have been requested exceeds the aforementioned quantity of 19 900 tonnes,
HAS ADOPTED THIS REGULATION:
Article 1
1. A minimum import price shall be fixed for processed products obtained from sour cherries, listed in Annex I and originating in Yugoslavia for each marketing year. This minimum price may vary according to the type and presentation of the products.
2. The minimum price shall be fixed:
- on the basis of the price of products imported from Yugoslavia during the marketing year preceding that for which the price is to be fixed,
- with reference to the price trend for Community products and raw materials during the year for which the import price is to be fixed, and
- having regard to the level of customs duties.
3. The minimum price for these products shall apply during the marketing year fixed for cherries in syrup in Regulation (EEC) No 426/86.
Article 2
1. Where the minimum import price referred to in Article 1 is not observed, a countervailing charge in addition to customs duty shall be imposed.
2. The amount of the countervailing charge shall vary according to the import price.
Article 3
1. The countervailing charge shall be fixed with reference to the minimum price applying on the day of importation.
2. The minimum price and the amount of the countervailing charge expressed in national currency may be adjusted by a monetary coefficient in order to avoid distortions in trade between Member States.
Article 4
For products listed in Annex II and originating in Yugoslavia, the Commission shall suspend the issue of the licences provided for in Article 15 of Regulation (EEC) No 426/86 as soon as the volume of imports exceeds 19 900 tonnes in a given calendar year.
Article 5
1. Detailed rules for the application of this Regulation, the minimum import price and the amount of the countervailing charge shall be fixed in accordance with the procedure provided for in Article 22 of Regulation (EEC) No 426/86.
2. Where necessary the Commission shall adopt the monetary coefficient provided for in Article 3 (2).
Article 6
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from the day on which the Additional Protocol enters into force.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 28 April 1988. | [
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COMMISSION REGULATION (EC) No 1778/2006
of 1 December 2006
fixing the maximum aid for cream, butter and concentrated butter for the 21st individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 1898/2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,
Whereas:
(1)
In accordance with Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/99 as regards measures for the disposal of cream, butter and concentrated butter on the Community market (2), the intervention agencies may sell by standing invitation to tender certain quantities of butter of intervention stocks that they hold and may grant aid for cream, butter and concentrated butter. Article 25 of that Regulation lays down that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further laid down that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure. The amount of the processing security as referred to in Article 28 of Regulation (EC) No 1898/2005 should be fixed accordingly.
(2)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
For the 21st individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 1898/2005 the amount of the maximum aid for cream, butter and concentrated butter and the amount the processing security, as referred to in Articles 25 and 28 of that Regulation respectively, are fixed as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 2 December 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 December 2006. | [
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COUNCIL DECISION
of 7 April 2008
on the signing and provisional application of the Agreement between the European Community and the Government of Nepal on certain aspects of air services
(2009/117/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral Agreements with a Community Agreement.
(2)
On behalf of the Community, the Commission has negotiated an Agreement with Nepal on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral Agreements with a Community Agreement.
(3)
The Agreement should be signed and provisionally applied, subject to its conclusion at a later date,
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Agreement between the European Community and the Government of Nepal on certain aspects of air services is hereby approved on behalf of the Community, subject to the conclusion of the said Agreement.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
Article 3
Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the parties have notified each other of the completion of the necessary procedures for this purpose (1).
Article 4
The President of the Council is hereby authorised to make the notification provided for in Article 9(2) of the Agreement.
Done at Luxembourg, 7 April 2008. | [
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COMMISSION REGULATION (EC) No 1291/2007
of 31 October 2007
amending for the 88th 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
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), 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 17 October 2007, the Sanctions Committee of the United Nations Security Council decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly.
(3)
The entry ‘Mohammad Shafiq Ahmadi’ should be corrected taking into account the Sanctions Committee’s decision of 21 September 2007,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 881/2002 is hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 October 2007. | [
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COUNCIL DECISION of 18 December 1997 fixing the amount of the Community financial contribution for 1997 to expenditure incurred by the Swedish authorities for the release of smolt (98/2/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 125 thereof,
Whereas Article 125 of the Act of Accession provides that the Council, acting by a qualified majority on a proposal from the Commission, shall fix annually the amount of the Community's financial contribution to the release of smolt carried out by the competent Swedish authorities;
Whereas that financial contribution must be approved in the light of the balances existing immediately before Sweden's accession;
Whereas Council Regulation (EEC) No 2210/80 of 27 June 1980 on the conclusion of an Agreement between the European Community and the Government of Sweden relating to certain measures intended to promote the reproduction of salmon in the Baltic Sea (1) provides that the amount of the Community contribution must be equal to the actual costs to the Swedish authorities of breeding, tagging and releasing the quantity of smolt necessary to produce a quantity of salmon equal to the non-reciprocal quota allocated to the Community in the Swedish fishery zone for the year during which the contribution is to be granted;
Whereas the Commission has received Sweden's application for the Community financial contribution for 1997; whereas this application is the same as for 1994;
Whereas the International Committee for Baltic Fisheries has recommended a TAC for the Baltic salmon stock and the proportion of that TAC to be allocated to the Community;
Whereas the TAC fixed for 1997 has been reduced; whereas the Swedish application must be re-examined in the light of that fact;
Whereas the amount of the Community financial contribution has been calculated by applying proportionally this reduction to the non-reciprocal quota which Sweden would have allocated to the Community, had the bilateral agreement remained applicable,
HAS ADOPTED THIS DECISION:
Article 1
The amount of the Community financial contribution for 1997 to expenditure on promoting salmon reproduction in the Baltic Sea shall not exceed ECU 575 382.
Article 2
This Decision is addressed to the Kingdom of Sweden.
Done at Brussels, 18 December 1997. | [
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COMMISSION REGULATION (EC) No 1898/97 of 29 September 1997 laying down rules of application in the pigmeat sector for the arrangements covered by Council Regulation (EC) No 3066/95 and repealing Regulations (EEC) No 2698/93 and (EC) No 1590/94
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3066/95 of 22 December 1995 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for the adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreements to take account of the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations (1), as last amended by Regulation (EC) No 1595/97 (2), and in particular Article 8 thereof,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organization of the market in pigmeat (3), as last amended by Regulation (EC) No 3290/94 (4), and in particular Article 22 thereof,
Whereas Regulation (EC) No 3066/95 adjusts as an autonomous and transitional measure the agricultural concessions in the Europe Agreements concluded between the European Communities and their Member States of the one part and the Republic of Poland, the Republic of Hungary, the Czech Republic, the Slovak Republic, the Republic of Bulgaria and Romania respectively of the other part, for the period 1 January 1996 to entry into force of the Additional Protocols; whereas these adjustments were extended by Council Regulation (EC) No 2490/96 (5) to 31 December 1997; whereas owing to procedural delays the Additional Protocols to the Europe Agreements, negotiation of which are concluded, cannot enter into force on 1 July 1997; whereas Regulation (EC) No 3066/95 has therefore been amended by Regulation (EC) No 1595/97 in order to allow early implementation in the agricultural sector of the negotiation results;
Whereas, while bearing in mind the provisions of the Interim Agreements intended to guarantee product origin, the arrangements should be operated using import licences; whereas rules on the presentation of licence applications and to the entries to be made on applications and licences are required that differ from those in Article 8 of Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (6), as last amended by Regulation (EC) No 1404/97 (7); whereas licences should be issued following a reflection period and possibly with a common percentage acceptance applied;
Whereas for the purposes of smooth operation of the arrangements security of ECU 30 per 100 kilograms should be required against import licences; whereas given the risk of speculative misuse of the arrangements where pigmeat is concerned importer access to these products should be precisely regulated;
Whereas import licences for certain product categories in the pigmeat sector have already been assigned for the period 1 July to 30 September 1997 in line with Commission Regulation (EC) No 1461/97 of 25 July 1997 determining the extent to which applications lodged in July 1997 for import licences for certain pigmeat products under the regime provided for by the Agreements concluded by the Community with the Republic of Poland, the Republic of Hungary, the Czech Republic and the Slovak Republic can be accepted (8) and with Commission Regulation (EC) No 1462/97 of 25 July 1997 determining the extent to which applications lodged in July 1997 for import licences for certain pigmeat products under the regime provided for by the Agreements concluded by the Community with Bulgaria and Romania can be accepted (9); whereas the quantities available for the period 1 October to 31 December 1997 should be set by reference to the quantities agreed and quotas set for the period 1 July to 31 December 1997;
Whereas Commission Regulation (EEC) No 2698/93 (10), as last amended by Regulation (EC) No 691/97 (11), lays down detailed rules for application in the pigmeat sector of the arrangements provided for in the Interim Agreements between the European Economic Community and Poland, Hungary, and the former Czech and Slovak Federative Republic; whereas since it is replaced by this Regulation it should be repealed;
Whereas Commission Regulation (EC) No 1590/94 (12), as last amended by Regulation (EC) No 691/97, lays down detailed rules for application in the pigmeat sector of the arrangements provided for in the Interim Agreements between the Community and Bulgaria and Romania; whereas since it is replaced by this Regulation it should be repealed;
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
All imports into the Community under the arrangements laid down in Regulation (EC) No 3066/95 of products covered by group Nos 1, 2, 3, 4, H1, H2, 5, 6, 7, 8, 9, 10/11, 12/13, 14, 15, 16 and 17 provided for in Annex I to this Regulation shall be subject to presentation of an import licence.
The quantities covered by these arrangements and the reduction in the Common Customs Tariff duty are listed by group in Annex I.
Article 2
The quantities referred to in Article 1 are, for each period specified in Annex I, allocated as follows:
- 1 July to 30 September: 25 %,
- 1 October to 31 December: 25 %,
- 1 January to 31 March: 25 %,
- 1 April to 30 June: 25 %.
Article 3
The following provisions shall apply to the import licences referred to in Article 1:
1. Applicants must be natural or legal persons who at the time of application can satisfy the competent authority of their Member State that they have been engaging in trade in pigmeat for at least 12 months. Retailers and restaurateurs selling products to the final consumer are excluded.
2. Licence applications may cover only one of the groups indicated in Annex I. They may cover products of differing CN codes originating in only one of the countries to which this Regulation relates. In such cases all the CN codes and product descriptions must be entered in boxes 16 and 15 respectively. The application must be for a minimum of one tonne and a maximum of 25 % of the quantity available for the group concerned during the quarter in question as specified in Article 2.
3. Box 8 of the licence application and the licence shall show the country of origin; the licence shall impose an obligation to import from that country.
4. Box 20 of the licence application and the licence shall carry one of the following entries:
- Reglamento (CE) n° 1898/97
- Forordning (EF) nr. 1898/97
- Verordnung (EG) Nr. 1898/97
- Êáíïíéóìüò (ÅÊ) áñéè. 1898/97
- Regulation (EC) No 1898/97
- Règlement (CE) n° 1898/97
- Regolamento (CE) n. 1898/97
- Verordening (EG) nr. 1898/97
- Regulamento (CE) nº 1898/97
- Asetus (EY) N:o 1898/97
- Förordning (EG) nr 1898/97.
5. Box 24 of the licence shall carry one of the following entries:
- Reducción del derecho de aduana en virtud del Reglamento (CE) n° 1898/97
- Nedsættelse af importafgiften jf. forordning (EF) nr. 1898/97
- Ermäßigung des Zollsatzes nach dem GZT gemäß Verordnung (EG) Nr. 1898/97
- Ìåßùóç ôïõ äáóìïý üðùò ðñïâëÝðåôáé óôïí êáíïíéóìü (ÅÊ) áñéè. 1898/97
- Customs duty reduction as provided for in Regulation (EC) No 1898/97
- Réduction du droit de douane comme prévu au règlement (CE) n° 1898/97
- Riduzione del dazio doganale a norma del regolamento (CE) n. 1898/97
- Douanerecht verlaagd overeenkomstig Verordening (EG) nr. 1898/97
- Redução do direito aduaneiro conforme previsto no Regulamento (CE) nº 1898/97
- Tullialennus, josta on säädetty asetuksessa (EY) N:o 1898/97
- Nedsättning av tullavgiften enligt förordning (EG) nr 1898/97.
Article 4
1. Licence applications may be lodged only in the first 10 days of each period specified in Article 2.
2. Applications shall be invalid if the applicant does not declare in writing that he has not lodged and will not lodge, for the period in question, other applications for products of the same group in the Member State of lodgement or another Member State. If an applicant lodges more than one application for products of one group none of the applications shall be valid.
3. Member States shall notify to the Commission, on the fifth working day following the end of the period for lodging applications, those lodged for each of the products of the groups in question. The applicants and quantities for each group shall be listed. All notifications, including 'nil` ones, shall be made by telex or fax on the stipulated working day. The form reproduced as Annex II shall be used for 'nil` notifications and those reproduced as Annexes II and III if applications have been made.
4. The Commission shall decide with all speed to what the applications referred to in Article 3 can be met.
If the total amount applied for is more than that available the quantities granted shall be scaled down by a common percentage.
If it is less than the amount available the Commission shall determine the quantity to be added to that available for the next period.
5. Licences shall be issued as soon as possible after the Commission's decision.
6. Licences shall be valid throughout the Community.
Article 5
For the purposes of Article 21 (2) of Regulation (EEC) No 3719/88 import licences shall be valid for 150 days from their actual date of issue.
Licences shall not be transferable.
Article 6
Security of ECU 30 per 100 kg shall be lodged against applications for import licences for any product indicated in Article 1.
Article 7
The provisions of Regulation (EEC) No 3719/88 shall be applicable except as otherwise provided by this Regulation.
However, Article 8 (4) of that Regulation notwithstanding, quantities imported pursuant to this Regulation may not exceed that indicated in boxes 17 and 18 of the import licence. To that end '0` shall be entered in box 19 of the licence.
Article 8
The products shall be placed in free circulation on presentation fo an EUR.1 certificate issued by the exporting country in accordance with Protocol 4 to the Europe Agreements concluded with the said countries, or, of a declaration by the exporter in accordance with the provisions of the said Protocol.
Article 9
The Member States shall cooperate closely with the Commission to ensure compliance with this Regulation.
Article 10
The quantities available for applications in the period 1 to 10 October 1997 are given in Annex IV hereto.
Article 11
Regulations (EEC) No 2698/93 and (EC) No 1590/94 are hereby repealed.
Article 12
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 July 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 September 1997. | [
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COUNCIL REGULATION (EEC) No 1553/93 of 14 June 1993 adjusting, for the third time, the system of aid for cotton introduced by Protocol 4 annexed to the Act of Accession of Greece
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Greece, and in particular paragraph 11 of Protocol 4 on cotton, as last amended by Regulation (EEC) No 2052/92 (1),
Having regard to Council Regulation (EEC) No 1964/87 of 2 July 1987 adjusting the system of aid for cotton introduced by Protocol 4 annexed to the Act of Accession of Greece (2), and in particular Article 3 (2) thereof,
Having regard to the proposal from the Commission (3),
Having regard to the opinion of the European Parliament (4),
Having regard to the opinion of the Economic and Social Committee (5),
Whereas Article 2 (2) of Regulation (EEC) No 1964/87 provides that, with a view to avoiding excessive variations in the reduction of the norm price applied if the maximum guaranteed quantity is exceeded, the reduction shall be limited to 15 % of the norm price; whereas, under certain conditions or within certain limits, the proportion in excess of this maximum and any difference between the actual and the estimated production are to be carried forward to the following marketing year;
Whereas the current limit in the reduction of the norm price has not succeeded in preventing a substantial expansion of cotton-growing in the Community; whereas, in order better to achieve the objective sought, the maximum reduction should be increased from 15 to 20 % and from 5 to 7 % for the part exceeding the maximum reduction; whereas, in order for producers to be notified in good time, these increases should be postponed to the 1994/95 marketing year;
Whereas these increases in the maximum reduction may have a bearing on the income of producers; whereas provision should be made for the Commission, in the context of its proposal to the Council concerning the norm price for 1994/95, to put forward a report on the latest situation of this market;
Whereas certain amendments should be made to the existing text of the third subparagraph of Article 2 (2) of Regulation (EEC) No 1964/87,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation provides for adjustments to the system of aid for the production of cotton provided for in paragraph 3 of Protocol 4 annexed to the Act of Accession of Greece and adjusted by Regulation (EEC) No 1964/87.
Article 2
Article 2
(2) of Regulation (EEC) No 1964/87 shall be replaced by the following:
'2. When the production of unginned cotton, estimated before the beginning of the marketing year, exceeds the maximum quantity guaranteed for the year in question, the amount of aid shall be reduced by an amount obtained by multiplying the norm price by a coefficient which increases in line with the amount by which estimated production exceeds the maximum quantity guaranteed.
However, without prejudice to the third subparagraph, if the reduction in the amount of aid exceeds 20 % of the norm price, this reduction shall be limited, under the marketing year concerned, to 20 %. The reduction which exceeds this limit shall be carried over to the norm price for the following marketing year within the limit of 7 %. These limits shall not apply until the 1994/95 marketing year and the limits of 15 and 5 % provided for in Regulation (EEC) No 2052/92 shall remain in operation for 1993/94. Before the entry into force of these new limits, the Commission will, in the context of the price proposals for 1994/95, report on the latest market situation.
Moreover, where the foregoing subparagraph, as applied to actual production instead of estimated production before the beginning of the marketing year, result in an adjustment of the amount of aid different from the adjustment actually made, the amount of the aid for the marketing year concerned shall be adjusted upwards of a threshold of 3 % on the basis of the difference between the adjustments referred to above.'
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 from the 1993/94 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 14 June 1993. | [
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COMMISSION REGULATION (EEC) No 2448/91 of 9 August 1991 on the supply of refined sunflower oil as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3972/86 of 22 December 1986 on food-aid policy and food-aid management (1), as last amended by Regulation (EEC) No 1930/90 (2), and in particular Article 6 (1) (c) thereof,
Whereas Council Regulation (EEC) No 1420/87 of 21 May 1987 laying down implementing rules for Regulation (EEC) No 3972/86 on food-aid policy and food-aid management (3) lays down the list of countries and organizations eligible for food-aid operations and specifies the general criteria on the transport of food aid beyond the fob stage;
Whereas, following the taking of a number of decisions on the allocation of food aid, the Commission has allocated to certain countries and beneficiary organizations 1 689 tonnes of refined sunflower oil;
Whereas it is necessary to make these supplies in accordance with the rules laid down by Commission Regulation (EEC) No 2200/87 of 8 July 1987 laying down general rules for the mobilization in the Community of products to be supplied as Community food aid (4), as amended by Regulation (EEC) No 790/91 (5); whereas it is necessary to specify the time limits and conditions of supply and the procedure to be followed to determine the resultant costs;
Whereas, notably for logistical reasons, certain supplies are not awarded within the first and second deadlines for submission of tenders; whereas, in order to avoid republication of the notice of invitation to tender, a third deadline for submission of tenders should be opened,
HAS ADOPTED THIS REGULATION:
Article 1
Refined sunflower oil shall be mobilized in the Community as Community food aid for supply to the recipients listed in the Annex, in accordance with Regulation (EEC) No 2200/87 and under the conditions set out in the Annex. Supplies shall be awarded by the tendering procedure.
The successful tenderer is deemed to have noted and accepted all the general and specific conditions applicable. Any other condition or reservation included in his tender is deemed unwritten.
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, 9 August 1991. | [
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COMMISSION DIRECTIVE 98/101/EC of 22 December 1998 adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances (1), and in particular Article 10 thereof,
Whereas within the framework of the Act of Accession of Austria, Finland and Sweden, in particular in Articles 69 and 112, it is foreseen that during a period of four years from the date of accession the provisions concerning the mercury containing batteries referred to in Article 3 of Directive 91/157/EEC should be reviewed in accordance with EC procedures;
Whereas, in order to achieve a high level of environmental protection, the marketing of certain batteries should be prohibited, in view of the amount of mercury they contain; whereas that prohibition, in order to achieve its full effect for the environment, must cover appliances into which such batteries and accumulators are incorporated; whereas such prohibition may have a positive impact in facilitating the recovery of batteries;
Whereas the technical development of alternative heavy-metal-free batteries should be taken into account;
Whereas Directive 91/157/EEC should be adapted accordingly;
Whereas the measures provided for in this Directive are in accordance with the opinion expressed by the Committee established pursuant to 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 DIRECTIVE:
Article 1
Directive 91/157/EEC is amended as follows:
1. Article 3(1) is replaced by the following:
'1. Member States shall prohibit, as from 1 January 2000 at the latest, the marketing of batteries and accumulators, containing more than 0,0005 % of mercury by weight, including in those cases where these batteries and accumulators are incorporated into appliances. Button cells and batteries composed of button cells with a mercury content of no more than 2 % by weight shall be exempted from this prohibition.`;
2. Annex I is replaced by the text in the Annex to this Directive.
Article 2
Member States shall adopt and publish, before 1 January 2000, the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
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 20th day following its publication in the Official Journal of the European Communities.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 22 December 1998. | [
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Commission Regulation (EC) No 108/2003
of 21 January 2003
fixing the rates of the refunds applicable to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs(1), as last amended by Commission Regulation (EC) No 493/2002(2), and in particular Article 8(3) thereof,
Whereas:
(1) Article 8(1) of Regulation (EEC) No 2771/75 provides that the difference between prices in international trade for the products listed in Article 1(1) of that Regulation and prices within the Community may be covered by an export refund where these goods are exported in the form of goods listed in the Annex to that Regulation. Whereas 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(3), as last amended by Regulation (EC) No 1052/2002(4), specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form of goods listed in the Annex to Regulation (EEC) No 2771/75.
(2) In accordance Article 4(1) of Regulation (EC) No 1520/2000, the rate of the refund per 100 kilograms for each of the basic products in question must be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed.
(3) Article 11 of the Agreement on Agriculture concluded under the Uruguay Round lays down that the export refund for a product contained in a good may not exceed the refund applicable to that product when exported without further processing.
(4) It is necessary to ensure continuity of strict management taking account of expenditure forecasts and funds available in the budget.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
The rates of the refunds applicable to the basic products appearing in Annex A to Regulation (EC) No 1520/2000 and listed in Article 1(1) of Regulation (EEC) No 2771/75, exported in the form of goods listed in the Annex I to Regulation (EEC) No 2771/75, are hereby fixed as shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 22 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 January 2003. | [
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COMMISSION DECISION of 19 May 1998 amending for the second time Commission Decision 93/42/EEC, concerning additional guarantees relating to infectious bovine rhinotracheitis for bovines destined for Member States or regions of Member States free from the disease, in relation to Sweden and amending Commission Decision 95/109/EC (notified under document number C(1998) 1355) (Text with EEA relevance) (98/362/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (1), as last amended and updated by Council Directive 97/12/EC (2), and in particular Articles 9(3) and 10(2) thereof,
Whereas an eradication programme of infectious bovine rhinotracheitis (IBR) in Sweden was approved by Commission Decision 95/71/EC (3); whereas the programme is regarded to have been successful in eradicating this disease from Sweden;
Whereas to secure progress and successfully conclude the initiated IBR programme Sweden was granted certain additional guarantees by Commission Decision 95/109/EC (4);
Whereas Sweden considers that its territory is free from infectious bovine rhinotracheitis and has submitted supporting documentation to the Commission;
Whereas the authorities of Sweden apply for national movement of bovine animals rules at least equivalent as those foreseen in the present Decision;
Whereas Commission Decision 93/42/EEC (5), as amended by Decision 94/962/EEC (6), gives additional guarantees in relation to infectious bovine rhinotracheitis for bovines destinated for Denmark and Finland;
Whereas it is appropriate to propose certain additional guarantees to protect the progress made in Sweden; whereas it is therefore appropriate to amend this Decision to give the same guarantee to Sweden;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 93/42/EEC is replaced by the Annex to this Decision.
Article 2
The second line in the Annex to Decision 95/109/EC is deleted.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 19 May 1998. | [
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COMMISSION REGULATION (EC) No 2629/1999
of 13 December 1999
establishing rules for the management and distribution of textile quotas established for the year 2000 under Council Regulation (EC) No 517/94
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Community import rules(1), as last amended by Commission Regulation (EC) No 2542/1999(2), and in particular Articles 17(3), 17(6) and 21(2) and 3 thereof, in conjunction with Article 25(3) thereof,
(1) Whereas the Council, through Regulation (EC) No 517/94, established quantitative restrictions on imports of certain textile products originating in certain third countries and envisaged, in Article 17(2), that these quotas would be allocated in chronological order of receipt of notifications from the Member States according to the principle of first come, first served;
(2) Whereas Article 17(3) of Regulation (EC) No 517/94 stipulates that it is possible, in certain circumstances, to make use of allocation methods which differ from the method based exclusively on the chronological order of receipt of notifications from Member States, as well as to envisage the division of the quotas into tranches or to set aside part of a specific quantitative limit exclusively for applications which are backed up by proof of the results of previous imports;
(3) Whereas it is advisable, in order not to affect unduly the continuity of trade flows, to adopt rules for management and distribution of the quotas established for 2000 under Regulation (EC) No 517/94 before the quota year begins;
(4) Whereas the measures contained in Commission Regulation (EC) No 2650/98(3) establishing rules for the management and distribution of textiles quotas established for the year 1999 pursuant to Regulation (EC) No 517/94 proved to be satisfactory;
(5) Whereas in order to satisfy the greatest possible number of operators it therefore seems appropriate to make the "first come, first served" allocation method based on the chronological order of receipt of the notifications from Member States more flexible by placing a ceiling on the quantities which can be allocated to each operator by that method;
(6) Whereas efforts should nevertheless be made to guarantee a degree of continuity in trade; whereas this consideration and the desirability of efficient quota administration make it appropriate for operators to be allowed to make their initial import authorisation application for 2000 equivalent to the quantity (for each textile category and each third country) which they imported in 1999;
(7) Whereas for optimum use of the quantities it is appropriate to envisage that each operator, after 50 % utilisation of a licence, can introduce a new request for a licence, not exceeding a predetermined quantity, provided quantities are available in the quotas;
(8) Whereas it is appropriate for the sake of sound administration to make import authorisations valid for nine months from the date of issue and to stipulate that the Member States can issue licences only after being notified of the Commission's decision and only if an operator can prove the existence of a contract and certify (except where specifically provided otherwise) that he has not already been allocated a Community import authorisation under this Regulation for the categories and countries concerned; whereas the competent national authorities are however authorised, in response to importers' applications, to extend by three months and up to 31 March 2001 licences of which at least 50 % has been used by the application date;
(9) Whereas in order to obviate any potential problems caused by the possible impact of a millenium bug on computer systems the import authorisations shall start to be allocated in December 1999;
(10) Whereas the measures contained in this Regulation are in accordance with the opinion expressed by the Committee established by Regulation (EC) No 517/94,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation specifies certain rules concerning the management of quantitative quotas established by Regulation (EC) No 517/94 and applicable for 2000.
Article 2
The quotas referred to in Article 1 and shown in Annexes IIIB and IV to Regulation (EC) No 517/94 shall be allocated on a "first come, first served" basis according to the chronological order of receipt by the Commission of Member States' notifications of applications from individual operators, for amounts not exceeding the maximum quantities per operator stipulated in the Annex hereto.
These maximum quantities shall not, however, apply to operators able to prove to the competent national authorities when making their first application for 2000 that they imported, for given categories, given third countries and under import licences granted to them for 1999, more than the maximum quantities specified for each category. In the case of such operators, the competent authorities may authorise imports of no more than the quantities imported in 1999 for given third countries and given categories, provided that enough quota is available.
Article 3
Any importer who has used 50 % or more of the amount allocated to him through a licence under this Regulation may make a further application for a licence, for the same category and country of origin, for amounts not exceeding the maximum quantities laid down in the Annex hereto, provided that enough of the quota is available.
Article 4
The requests for import authorisations can be submitted to the Commission as of 20 December 1999 at 10 a.m., Brussels time. Import authorisations shall be valid for nine months from the date of issue, but not earlier than 1 January 2000, and in no case later than 31 December 2000. On licences issued before 1 January 2000, the competent authorities of the Member States will indicate in box 13 (further particulars): "This license is valid from 1 January 2000."
At the importer's request, the competent national authorities may, however, grant a three-month extension for licences which are at least 50 % used up at the time of the request. The extension must in no case last beyond 31 March 2001.
The competent authorities of the Member States shall issue authorisations only after being notified of the Commission's decision and only if an operator can prove the existence of a contract and, without prejudice to the provisions of Article 3, certify in writing that he has not already been allocated a Community import authorisation under this Regulation for the categories and countries concerned.
Article 5
This Regulation shall enter into force on 1 January 2000.
Article 4 shall apply as from 20 December 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 December 1999. | [
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Commission Regulation (EC) No 941/2003
of 28 May 2003
fixing the minimum selling prices for butter and the maximum aid for cream, butter and concentrated butter for the 120th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products(1), as last amended by Commission Regulation (EC) No 509/2002(2), and in particular Article 10 thereof,
Whereas:
(1) The intervention agencies are, pursuant to Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs(3), as last amended by Regulation (EC) No 635/2000(4), to sell by invitation to tender certain quantities of butter that they hold and to grant aid for cream, butter and concentrated butter. Article 18 of that Regulation stipulates that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further stipulated that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure, and that a decision may also be taken to make no award in response to the tenders submitted. The amount(s) of the processing securities must be fixed accordingly.
(2) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
The minimum selling prices and the maximum aid and processing securities applying for the 120th individual invitation to tender, under the standing invitation to tender provided for in Regulation (EC) No 2571/97, shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 29 May 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 May 2003. | [
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*****
COMMISSION DECISION
of 24 June 1986
approving an amendment to the programme for meat processing in France in respect of prepared, cured and preserved meat products in accordance with Council Regulation (EEC) No 355/77
(Only the French text is authentic)
(86/334/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 355/77 of 15 February 1977 on common measures to improve the conditions under which agricultural products and fishery products are processed and marketed (1), as last amended by Regulation (EEC) No 3827/85 (2), and in particular Article 5 thereof,
Whereas on 22 November 1985 the French Government forwarded an amendment to the programme for meat processing and the manufacture of meat products approved by Commission Decision 80/397/EEC (3), and supplied additional details on 24 April 1986;
Whereas the amendment to the said programme is restricted to investments for the modernization, rationalization, concentration and, to a lesser extent, the creation of capacity for third-stage meat processing, namely the manufacture of prepared, cured and preserved meat products, and whereas all these investments are likely to help improve and develop the said sector; whereas they therefore constitute a programme within the meaning of Article 2 of Regulation (EEC) No 355/77;
Whereas the investments relating to the modernization, rationalization, concentration and very limited creation of capacity for the production of prepared, cured and preserved meat products may be accepted but the investments concerning ready-cooked dishes are excluded inasmuch as they are products not listed in Annex II to the Treaty;
Whereas the amendment contains sufficient of the details referred to in Article 3 of Regulation (EEC) No 355/77 (except in the case of the abovementioned investments), showing that the objectives laid down in Article 1 of that Regulation can be achieved in the sector in question; whereas the deadline for implementing the amendment does not exceed the time limit laid down in Article 3 (1) (g) of the Regulation;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure,
HAS ADOPTED THIS DECISION:
Article 1
The amendment to the programme for meat processing in respect of prepared, cured and preserved meat products notified by the French Government on 22 November 1985 and supplemented on 24 April 1986 pursuant to Regulation (EEC) No 355/77 is hereby approved.
Article 2
This Decision is addressed to the French Republic.
Done at Brussels, 24 June 1986. | [
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COMMISSION REGULATION (EEC) No 2780/92 of 24 September 1992 on the conditions for the grant of compensatory payments under the support system for producers of certain arable crops
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for producers of certain arable crops (1), and in particular Article 10 (4) and Article 12 thereof;
Whereas compensatory payments as referred to in Article 2 of Regulation (EEC) No 1765/92 must be restricted to certain specified areas; whereas in particular one application for compensatory payment only should be permitted for any piece of land for any marketing year and on condition that no other application for a per hectare aid under the common organization of a market has been made for the same piece of land; whereas, however, compensatory payments may be granted on land that is aided under a scheme falling within the structural or environmental policies;
Whereas the planting of areas for the sole purpose of receiving a compensatory payment should be prevented; whereas to this end pieces of land in respect of which a compensatory payment is applied for must be cultivated normally;
Whereas in view of the special treatment afforded to durum wheat under Regulation (EEC) No 1765/92 specific rules are required for this cereal; whereas in this connection and in order not to destabilize durum wheat production in the traditional regions the conditions to be met when entitlement to the supplement to the compensatory payment referred to in Article 4 (3) of Regulation (EEC) No 1765/92 is transferred should be laid down;
Whereas pieces of land sown to mixtures of cereals with oil seeds and protein crops are eligible for compensatory payments; whereas the compensatory payment for such areas should be based on the payment applicable to cereals;
Whereas, in order to prevent an excessive increase in maize growing for silage in certain parts of the Community, Member States should be authorized to make compensatory payments for areas sown to this crop at the rate applicable for another feed cereal;
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
Without prejudice to the provisions of Commission Regulation (EEC) No 2294/92 (1) and (EEC) No 2295/92 (2), the compensatory payments referred to in Title I of Regulation (EEC) No 1765/92 shall be granted on the conditions laid down in this Regulation.
TITLE I Eligible crops and areas
Article 2
Not more than one application for compensatory payment as provided for by Regulation (EEC) No 1765/92 may be made per marketing year for any piece of land.
No compensatory payment may be granted on any piece of land which is the subject of an application for a per hectare aid under a scheme financed under Article 1 (2) of Council Regulation (EEC) No 729/70 (1) for an arable crop other than those covered by Regulation (EEC) No 1765/92.
Article 3
For the purposes of Article 9 of Regulation (EEC) No 1765/92 the definitions of permanent pasture and permanent crops set out in the Annex hereto shall apply. Land on which aid has been granted under Title I of Council Regulation (EEC) No 2328/91 (2) or under Council Regulation (EEC) No 3766/91 (3) shall remain eligible.
Article 4
1. For the purposes of Article 10 (2) of Regulation (EEC) No 1765/92 an area of cereals must be fully sown in line with locally recognized standards and maintained until at least the beginning of flowering in normal growth conditions.
2. Where application for compensatory payment is made for an area containing trees, the size of the area must be adjusted in line with the number of trees according to the customary rules of the Member State concerned.
3. Compensatory payment as provided for in Articles 4 (1) and 8 (3) of Regulation (EEC) No 1765/92 shall be granted on areas applied for of a minimum of 0,3 ha, each separate piece of which is larger than the minimum size set by the Member State for the region in question.
Article 5
If a producer's eligible areas are located in several production regions the amount to be paid shall be determined by the location of each area included in his application.
TITLE II Durum wheat
Article 6
1. For the purposes of Article 4 (3) of Regulation (EEC) No 1765/92 producers must choose the marketing year to be used before a date to be set by the Member State. The latest date that may be set shall be the date for submission of applications for the compensatory payment for the 1993/94 marketing year.
2. Member States shall assign to each producer entitlement to the supplement for, at most, the number of hectares for which the aid has been paid or the area actually indicated by a check made in respect of the marketing year chosen.
On this basis the Member State shall draw up a register.
3. Transfer of entitlement to the supplement for durum wheat must be accompanied by transfer of entitlement to work the same number of hectares of eligible land.
4. The register referred to in paragraph 2 shall be amended when entitlements are transferred or eligible land is permanently withdrawn from agricultural use.
Article 7
1. Applications for the supplement shall be conditional on an application for compensatory payment for the same number of hectares of durum wheat.
2. The supplement shall be paid at the same time as the compensatory payment.
3. The varieties excluded from the durum wheat production aid scheme for the 1992/93 marketing year shall also be excluded for the purposes of this Article for 1993/94.
TITLE III Special provisions
Article 8
Where cereals are mixed with products listed under headings II and III of Annex I to Regulation (EEC) No 1765/92 the compensatory payment shall be that set for cereals.
Article 9
Member States treating maize separately in a region where maize is grown principally for silage are authorized to apply the yield for another feed cereal to all maize areas in that region.
Article 10
The conversion rate to be used for all compensatory payments shall be that valid for cereals on 1 July of the marketing year.
Article 11
Member States shall adopt whatever other measures are required for application of this Regulation and notify them to the Commission by 31 December 1992.
Article 12
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 September 1992. | [
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COMMISSION REGULATION (EC) No 996/1999
of 11 May 1999
on the implementation of Council Decision 1999/65/EC concerning the rules for the participation of undertakings, research centres and universities and for the dissemination of research results for the implementation of the fifth framework programme of the European Community (1998-2002)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 1999/65/EC of 22 December 1998 concerning the rules for the participation of undertakings, research centres and universities and for the dissemination of research results for the implementation of the fifth framework programme of the European Community (1998-2002)(1), and in particular Article 22 thereof,
(1) Whereas the fifth framework programme of the European Community for research, technological development and demonstration activities (1998-2002) (hereinafter referred to as the "fifth framework programme") was adopted by Decision No 182/1999/EC of the European Parliament and of the Council(2); whereas, detailed rules must be laid down for the implementation of the rules regarding participation in the actions and of the rules governing the dissemination of research results laid down by Decision 1999/65/EC;
(2) Whereas participation in indirect research and technological development (RTD) actions requires the concept of participant to be defined taking into account, in particular, the capacity in which he takes part in a project and his rights and obligations;
(3) Whereas, in order to ensure that indirect RTD actions to be undertaken under the fifth framework programme have a European dimension, the application of the rules for the participation of undertakings, research centres and universities should place the emphasis on the requirement for several participants and on the transnational nature of the projects;
(4) Whereas the particular nature of the indirect RTD action or the RTD activity to be undertaken may justify making exceptions to those principles;
(5) Whereas, in view of their essentially transnational and European dimension, European Economic Interest Groupings (EEIG) within the meaning of Council Regulation (EEC) No 2137/85(3) should be able to take part on their own in indirect RTD actions requiring several participants;
(6) Whereas the Commission must be able to ensure that the participants will have the necessary resources, of whatever kind, to carry out indirect RTD actions; whereas, in order to safeguard the Community's financial interests and avoid obstacles to such actions being carried out, the Commission must also be informed of the importance and origin of such resources, and of the conditions of their availability;
(7) Whereas the Community's financial participation must be compatible with competition rules, notably those of the Community framework for State aid to research and development(4);
(8) Whereas the Community financial participation should be paid to the participants against justification of the eligible costs of the indirect RTD action, although other more appropriate methods may be used;
(9) Whereas, as regards indirect RTD actions consisting of research and technological development projects, demonstration projects and combined RTD/demonstration projects, the participants should charge total costs unless their accounting system allows only additional costs to be charged;
(10) Whereas, with a view to promoting innovation, reimbursement should be allowed with respect to certain costs of protecting knowledge and of measures to demonstrate its potential for use, in compliance with the rules of the Community framework for State aid for research and development;
(11) Whereas the costs of coordinating a project can be significant and it should be possible to charge them where they are borne by the project coordinator;
(12) Whereas provision should be made for charging overheads on a flat-rate basis, particularly with a view to encouraging a transition towards the charging of total costs;
(13) Whereas contracts may provide for payment of the Community's financial contribution in instalments; whereas there may nevertheless be restrictions on the possibility of the payment of an initial advance;
(14) Whereas the Community's financial contribution should be paid without prejudice to financial controls carried out by or on behalf of the Commission or the Court of Auditors;
(15) Whereas the rules governing ownership, extent of access rights and destination of knowledge depend, as a rule, on how close the project is to the market; whereas they should not be affected by exemptions or reductions regarding the rate of the Community financial participation referred to in Annex IV to the fifth framework programme;
(16) Whereas, in order to encourage the participation of small and medium-sized enterprises (SMEs) and to achieve the objectives of cooperative research projects, it should be possible for exceptions to be made to the principle of the ownership of knowledge by the participants who carried out the work;
(17) Whereas, in order to ensure the use of knowledge, it should be possible for exclusive access rights to be granted for exploitation purposes, while respecting the interests of the participants taking part in the same project and the applicable competition rules, in particular those of Commission Regulation (EC) No 240/96 of 31 January 1996 on the application of Article 85(3) of the Treaty to certain categories of technology transfer agreements(5);
(18) Whereas Member States and Associated States must be able to have access, in accordance with the conditions provided for in Decision 1999/65/EC, to knowledge that is relevant to their policy orientations, particularly with a view to prevent overlaps in research activities;
(19) Whereas the technological implementation plan should be prepared in line with progress on the work of the project; whereas it should be a determining element with a view to the use and dissemination of knowledge in the interests of the Community, the participants and international agreements with the Community; whereas the technological implementation plan should be drawn up in such a manner as to allow its monitoring and to allow the conditions of exploitation and the search for financial resources for development to be facilitated;
(20) Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee set up by Article 23 of Decision 1999/65/EC,
HAS ADOPTED THIS REGULATION:
PART I
GENERAL PROVISIONS
Article 1
This Regulation lays down the detailed rules for applying Articles 4, 8, 11 and 14 to 20 of Decision 1999/65/EC.
Article 2
1. The definitions in Decision 1999/65/EC apply to this Regulation.
2. For the purposes of this Regulation, the following definitions shall apply:
(a) "participant": a legal entity or international organisation, and the Joint Research Centre (JRC) under the conditions provided for in Article 7 of Decision 1999/65/EC, taking part in a project as principal contractor, assistant contractor, member, or grant holder;
(b) "project": work to be carried out, under one or more contracts, as part of an RTD action provided for in the fifth framework programme;
(c) "contract": agreement between the Community and one or more principal contractors and, as relevant, assistant contractors, with the aim of carrying out or contributing to a project;
(d) "principal contractor": a participant, other than an assistant contractor, taking part in a project by virtue of the conclusion of a contract and having the rights and obligations provided for in this Regulation and in the contract;
(e) "assistant contractor": for indirect RTD actions consisting of research and technological development projects, demonstration projects and combined RTD/demonstration projects, a participant taking part in a project by virtue of the conclusion of a contract, acting under the technical supervision of one or more principal contractors and having the same rights and obligations as them, except as regards the scope of its responsibility for the execution of the project pursuant to the contract and access rights;
(f) "member": for indirect RTD actions consisting of research training networks, thematic networks and accompanying measures with similar objectives, and concerted actions, a participant taking part in a project under a membership contract signed with a principal contractor acting in agreement with the Community and in accordance with the contract, having the same rights and obligations pursuant to the membership contract vis-à-vis the Community as the principal contractor except where otherwise stipulated;
(g) "grant holder": a natural person taking part in an indirect RTD action consisting of a grant, who either concludes a contract with the Community or takes part, by virtue of an agreement with a host institute, in a contract concluded between the Community and that host institute;
(h) "subcontract": an agreement to provide services, supplies or goods between a principal contractor, assistant contractor or member and one or more subcontractors for the specific needs of the project under the conditions provided for in the contract;
(i) "subcontractor": a legal entity or international organisation, or the JRC, which is a party to a subcontract;
(j) "complementary contract": an agreement with the Community covering work that is technically interdependent with one or more projects, including for the purpose of using knowledge, and accepted as such by the participants in each contract;
(k) "complementary contractor": a legal entity or international organisation, or the JRC under the conditions provided for in Article 7 of Decision 1999/65/EC, which is a party to a complementary contract and is accepted as such by the participants in each contract;
(l) "RTD performer": a legal entity or international organisation, or the JRC, carrying out RTD work on behalf of participants, and by virtue of an agreement concluded with them, under indirect RTD actions consisting of cooperative research projects;
(m) "consortium agreement": one or more agreements between participants in a project, and, as the case may be, RTD performers, which aims to specify or supplement as between them the provisions of a contract, but without coming into conflict with them;
(n) "European Economic Interest Grouping": any legal entity formed under the conditions, by the procedures and with the effects laid down by Regulation (EEC) No 2137/85;
(o) "access rights": licences and rights to use knowledge or pre-existing know-how;
(p) "favourable conditions": conditions more favourable than market conditions owing to discounts of any kind.
PART II
MODES OF PARTICIPATION OF UNDERTAKINGS, RESEARCH CENTRES AND UNIVERSITIES IN INDIRECT RTD ACTIONS
CHAPTER I
Number of participants
Section 1
Indirect RTD actions involving several participants
Article 3
1. The following indirect RTD actions shall involve several participants, including at least two principal contractors required to satisfy the conditions laid down in Article 4(1) of Decision 1999/65/EC:
(a) research and technological development projects;
(b) demonstration projects;
(c) combined RTD/demonstration projects;
(d) technology stimulation projects for SMEs, consisting of exploratory awards.
2. Indirect RTD actions consisting of cooperative research projects, as part of technology stimulation projects for SMEs, shall be carried out by at least three SMEs participating as principal contractors and satisfying the conditions laid down in Decision 1999/65/EC, in particular Article 4(1) thereof.
3. An EEIG is, by its nature, regarded as satisfying the conditions of Article 4(1) of Decision 1999/65/EC and may therefore be a sole principal contractor in the indirect RTD actions referred to in paragraph 1 of this Article. The same applies in the case of indirect RTD actions referred to in paragraph 2 when the EEIG comprises at least three SMEs.
Where an EEIG merely coordinates and organises the activities of its members, however, the conditions of Article 4(1) of Decision 1999/65/EC must be satisfied by those of its members which actually carry out the research on its behalf under the project.
Article 4
The following indirect RTD actions shall involve several participants, including at least two principal contractors or one principal contractor and one member satisfying the conditions of Article 4(1) of Decision 1999/65/EC:
(a) research training networks;
(b) thematic networks;
(c) concerted actions.
Article 5
1. Two legal entities are independent of one another within the meaning of Article 4(1) of Decision 1999/65/EC where there is no controlling relationship between them.
A controlling relationship exists where one legal entity directly or indirectly controls the other or one legal entity is under the same direct or indirect control as the other.
Control may result in particular from:
(a) direct or indirect holding of a majority of share capital in a legal entity or a majority of voting rights of the shareholders or associates of that entity;
(b) direct or indirect holding in fact or in law of decision-making powers in a legal entity.
2. Direct or indirect holding of a majority of share capital in a legal entity or a majority of voting rights of the shareholders or associates of such entity by public investment corporations, institutional investors or venture-capital companies and funds does not in itself constitute a controlling relationship.
3. Ownership or supervision of legal entities by the same public body does not in itself generate a controlling relationship between them.
Section 2
Indirect RTD actions which may involve a single participant
Article 6
Indirect RTD actions consisting of accompanying measures, grants and support for access to research infrastructures may be carried out by a single principal contractor or grant-holder who must satisfy the conditions laid down in Article 4(2) of Decision 1999/65/EC.
CHAPTER II
Conditions applicable to resources
Article 7
The resources referred to in Article 8(2) of Decision 1999/65/EC shall be assessed according to and as far as is necessary for the execution of the indirect RTD action and with regard to the nature of the work to be carried out.
Article 8
The resources needed to carry out the indirect RTD action include the participants' own resources and, without prejudice to Article 12(3), second subparagraph, resources made available to them by third parties by virtue of a prior commitment.
Article 9
1. Participants must be able to demonstrate, when submitting a proposal for an indirect RTD action, that they have or will have the resources needed to carry out the indirect RTD action, and in particular to specify the origin of those resources and the terms on which they will have access to them.
2. Participants must have at their disposal the resources needed to carry out the work as it progresses.
CHAPTER III
Community financial participation and eligible costs
Section 1
General principles
Article 10
1. The Community's financial participation under the fifth framework programme shall consist of a partial or full refund of the participants' eligible costs as defined by Article 11(2) of Decision 1999/65/EC.
Contracts shall stipulate that the Community's financial participation may not exceed a certain amount.
2. Where appropriate, contracts may provide for a Community financial participation under the fifth framework programme in the form of preset amounts, amounts calculated on the basis of flat rates, or an assessment of the estimated costs, notably in the following cases:
(a) projects for which the Community's financial contribution is less than or equal to EUR 100000;
(b) projects involving payments linked to the demonstration of best efforts to complete contractually agreed objectives;
(c) projects consisting of grants and accompanying measures covered by invitations to apply as independent experts.
3. Where the participants have so agreed among themselves and with the Commission, and where appropriate, contracts may provide for payments based on composite rates, provided that those rates do not significantly differ from the actual costs of each participant.
Section 2
Charging of total or additional eligible costs
Article 11
1. Without prejudice to Article 14(1), participants in indirect RTD actions shall charge total eligible costs to the Commission in the case of the following actions:
(a) RTD projects;
(b) demonstration projects;
(c) combined RTD/demonstration projects;
(d) cooperative research projects;
(e) exploratory awards;
(f) accompanying measures.
Participants in indirect RTD actions shall, in compliance with Annex IV to the fifth framework programme, charge additional eligible costs to the Commission where, in the Commission's view, the participants do not have an accounting system that allows the share of their direct and indirect costs relating to the project to be distinguished.
2. Participants in indirect RTD actions shall charge additional eligible costs to the Commission when Annex IV to the fifth framework programme expressly provides for that principle, namely in the case of the following actions:
(a) support for access to research infrastructures;
(b) training grants;
(c) research training networks;
(d) thematic networks;
(e) concerted actions.
Section 3
Eligible cost categories
Article 12
1. According to the indirect RTD action, the eligible costs categories shall include:
(a) personnel;
(b) durable equipment;
(c) consumables;
(d) travel and subsistence;
(e) computing;
(f) subcontracting;
(g) protection of knowledge and measures to demonstrate the potential for use of knowledge;
(h) other specific costs;
(i) overheads.
2. The coordination costs of the principal contractor coordinating a project may be charged either under one or more of the cost categories mentioned in paragraph 1(a) to (e), (g) and (h), under the conditions laid down in the contracts, or as overheads as referred to in paragraph 1 (i). They must appear as such in the cost statements.
The costs of coordinating indirect RTD actions consisting of cooperative research projects may however be charged under paragraph 1(f) where none of the principal contractors referred to in Article 3(2) is in a position to act as coordinator.
3. One cost incurred by a participant may be charged to only one of the eligible cost categories set out in paragraph 1.
No cost shall be charged in connection with resources being made available to a participant free of charge.
Article 13
1. Without prejudice to any special provisions contained in the specific programmes and in the contracts, eligible costs other than the overheads referred to in Article 14 shall be charged in accordance with the rules laid down in paragraphs 2 to 9.
2. Personnel costs shall be charged on the basis of the time actually spent on the project by the personnel directly hired by a participant, within the limits and under the terms laid down in the contract. They shall include the participant's expenses for taking on the personnel, including their remuneration and related charges.
Contracts may allow a participant to charge average costs provided that they are established in accordance with its usual practices and do not differ significantly from actual costs.
For a participant charging additional eligible costs within the meaning of Article 11(1), second subparagraph, except in specific cases provided for in the specific programme, personnel costs shall comprise the costs generated by the sole participation in the indirect RTD action, and shall not include costs which have to be borne irrespective of whether the participant takes part.
3. The refundable amount of durable equipment costs shall depend, except in specific cases provided for in the specific programme, on the life of the equipment and the extent to which it is used for the needs of the project, in accordance with the conditions laid down in the contract.
4. Consumables costs shall cover only materials purchased specifically for the needs of the project, including software licences, where justified by its purpose.
5. The refunding of travel and subsistence costs shall require the prior approval of the Community for any destination outside the territory of the Member States, the Associated States or a third country in which a participant in the same project is established, unless such a destination is provided for in the contract.
6. Computing costs shall comprise the costs arising out of the use of the participant's computer services and media.
7. The subcontracting costs of a participant in an indirect RTD action shall comprise the price paid to the subcontractor, RTD performer or service provider, and must be in line with market prices.
8. The costs of protecting knowledge and of measures to demonstrate the potential for use of knowledge shall exclude the costs of obtaining the access rights referred to in Articles 26 to 35 and the costs of creating and marketing a product or process and the costs of creating and providing a service. Without prejudice to competition rules, they shall be refundable only with the Commission's written consent.
9. The other specific costs are those necessary for an indirect RTD action and different in nature from those set out in paragraphs 2 to 8 of this Article and in Article 14. They shall be refundable only with the Commission's written consent and may include, in particular, direct costs incurred in the setting-up of financial guarantees requested by the Commission with a view to the payment of an initial advance.
Article 14
1. Participants in an indirect RTD action charging total eligible costs may charge overheads either on an actual-cost basis and in compliance with the contracts, provided that the supporting documents are acceptable to the Commission, or on a flat-rate basis.
Flat-rate overheads shall amount to 80 % of the costs of the participants' personnel for research and technological development projects, demonstration projects, combined RTD/demonstration projects and cooperative research projects. For the other categories of indirect RTD actions, contracts may provide for other percentages where applicable. For certain accompanying measures, the contract may provide that overheads may not be refunded.
2. Where the participants in an indirect RTD action charge additional eligible costs within the meaning of Article 11, overheads shall, except where the contract provides otherwise, amount to 20 % of their costs, excluding subcontracting costs.
Section 4
Payment of the community contribution
Article 15
1. The Community contribution shall be paid under the conditions provided for in the contracts and may include several provisional payments in accordance with the rules laid down in paragraphs 2 and 3.
2. To speed up or facilitate the start of the work, the Commission pays an initial advance which amounts to 40 % of the maximum contribution referred to in Article 10(1), second subparagraph.
The rate of the advance may, however, be reduced in accordance with the requirement of protecting the Community's financial interests.
It may also be reduced where there is a significant difference between the needs the advance would cover during the first year of the project and the real needs for the same period.
The cumulative amount of the initial advance and the successive provisional payments may not exceed 85 % of the maximum contribution referred to in the Article 10(1), second subparagraph.
3. In the framework of the indirect RTD actions consisting of accompanying measures and grants, contracts may provide for the payment of an initial advance and specify its maximum amount and the maximum amount of all the provisional payments.
Section 5
Financial audits
Article 16
1. Without prejudice to the provisions of the contracts, the Commission and its authorised representatives are empowered to carry out financial controls with a view in particular to ensuring that the provisions of Chapter III are complied with. Such controls may be carried out, in accordance with the requirements of confidentiality, at any time during the contract and at the latest five years after each payment made by the Commission.
In order to carry out such controls and in conformity with the provisions of the contracts, the Commission and its authorised representatives shall have access to any data they consider relevant, on whatever medium, and may require that such data be handed over to them in an appropriate form.
2. The Court of Auditors may check on the use of the Community's financial contribution in the contracts on the basis of its own rules.
PART III
MODES OF DISSEMINATION AND USE OF KNOWLEDGE
TITLE I
Rules applicable to indirect RTD actions
CHAPTER I
Adaptation of the rules for the dissemination and use of knowledge
Article 17
1. The rules regarding ownership, extent of access rights, and the use or dissemination of knowledge depend on the rate of Community financial participation referred to in Annex IV to the fifth framework programme or, exceptionally, on the particular nature of the indirect RTD action in accordance with the provisions of Chapters II to VI.
2. The rules set out in paragraph 1 shall not be affected by:
(a) any exceptions provided for by the specific programmes to the rates of Community financial participation referred to in Annex IV to the fifth framework programme;
(b) the reduction of the rates of Community financial participation referred to in Annex IV to the fifth framework programme owing to the application of the rules on combined State aid;
(c) any other reduction of the rates of Community financial participation referred to in Annex IV to the fifth framework programme at the request of the participants.
CHAPTER II
Ownership of knowledge
Article 18
1. Knowledge gained from projects, all the costs of which are borne by the Community, shall be the property of the Community.
At the participants' request, the Commission may authorise them to use its knowledge, on a royalty-free basis, for all their internal needs.
2. Knowledge gained from projects partly funded by the Community shall be the property of the participants carrying out the work leading to that knowledge.
3. Where several participants have carried out work generating knowledge, they shall agree among themselves on the allocation and the terms of exercising the ownership of the knowledge in accordance with the provisions of this Regulation and of the contract.
4. If personnel hired, and in particular employed, by a participant or RTD performer may claim rights to knowledge, the participant shall take steps or reach appropriate agreements to ensure that these rights can be exercised in a manner compatible with its obligations under this Regulation and the contract.
5. Paragraphs 1 to 4 apply with prejudice to Article 19.
Article 19
1. Knowledge gained from cooperative research projects shall be the joint property of the principal contractors referred to in Article 3(2).
They shall jointly decide the terms for exercising and terminating joint ownership of the knowledge in accordance with the provisions of this Regulation and the contract.
RTD performers shall make available to the principal contractors referred to in Article 3(2) the necessary data to enable or facilitate the exercise of ownership of the knowledge free of charge.
2. In the case of certain accompanying measures, the contract may provide that the knowledge is owned by the participants.
3. In the case of grants, the contract shall lay down the terms of allocating and exercising ownership of the knowledge.
Article 20
Where a participant transfers ownership of knowledge, he shall take steps or conclude agreements to pass on his obligations under this Regulation and the contract to the assignee.
The participant shall inform the Commission and other participants in the same project in advance of the conditions of the assignment.
CHAPTER III
Protection of knowledge
Article 21
1. The owners of knowledge shall provide adequate and effective protection for knowledge that is usable under Article 23.
The terms of the protection, including deadlines, shall be defined in the technological implementation plan referred to in Article 20 of Decision 1999/65/EC.
2. Where the Commission considers it necessary to protect knowledge in a particular country and such protection has not been applied for or has been waived, the Commission may, with the agreement of the participant concerned, take protection measures. In this case, the Community shall take on the obligations referred to in Article 22 to 35 instead of the participant.
The participant may not refuse without good reason.
The participant shall be entitled to royalty-free access rights in the country concerned, on terms to be defined in the contract, and shall be entitled to grant sub-licences.
3. A participant may publish, or allow the publication of, data, on whatever medium, concerning knowledge it owns provided that this does not affect the protection of that knowledge.
The Community and the other participants in the same project shall be given prior notice of any planned publication. A copy of the medium containing these data shall be communicated to them if they so request within 30 days after receipt of such notice. The Community and the other participants may object to publication within a new period of 30 days after receipt of such data on the ground that, from their point of view, it would adversely affect the protection of the knowledge as referred to in paragraph 1.
The consortium agreements may specify the details of such a right to object.
CHAPTER IV
Use of knowledge
Article 22
1. The participants shall use or cause to be used the knowledge referred to in Article 23 which they own, in accordance with the interests of the Community and in compliance with international agreements concluded with the Community.
The terms of use, including a reasonable deadline at which it must take place, shall be set out in the technological implementation plan in accordance, in particular, with the area of activity concerned.
2. If the knowledge is not used in accordance with paragraph 1, second subparagraph, the participants shall disseminate it, in accordance with the conditions set out in Article 19 of Decision 1999/65/EC, within a period laid down by the Community. Should the participants fail to do so, the Community shall disseminate the knowledge itself.
Article 23
1. The participants shall, in accordance with Article 22(1), use or cause to be used the knowledge gained, in particular from the following indirect RTD actions:
(a) research and technological development projects;
(b) demonstration projects;
(c) combined RTD/demonstration projects;
(d) cooperative research projects.
2. In the case of demonstration projects and cooperative research projects, the use of knowledge shall give priority to exploitation of such knowledge, taking account of the legitimate interests of the participants.
3. In the case of combined RTD/demonstration projects, paragraph 2 shall apply, as a rule, to knowledge gained from the "demonstration" component.
It shall also apply where the "research and technological development" and "demonstration" components are not distinguishable and the weighted average of the Community funding rates normally applicable to both components does not exceed 42,5 %.
CHAPTER V
Making knowledge and pre-existing know-how available
Article 24
1. Access rights shall be granted by participants or RTD performers on request on the conditions provided for in Articles 26 to 35. Access rights shall be granted to pre-existing know-how provided that the participant concerned is free to do so.
2. The granting of access rights may be made conditional on the conclusion of specific agreements aimed at ensuring that they are used only for the intended purpose, and appropriate confidentiality agreements.
3. Except where the participant granting access rights so agrees, such rights give no entitlement to grant sub-licences.
4. With the agreement of the participant concerned, access rights may be granted on financial terms more favourable than those provided for in Articles 26 to 35.
5. Participants in a project may designate another contract as complementary contract and lay down terms for granting access rights, the period for which access rights may be demanded and the related financial conditions.
6. The essential transfer costs for the granting of access rights shall be borne by the beneficiary.
Article 25
Consortium agreements with the purpose, in particular, of granting additional access rights or supplementing the requirements applicable to access rights, but not conflicting with the latter, may be concluded between the participants and, as the case may be, RTD performers. Any agreement of this type must comply with competition policy as defined in the Treaty.
Section 1
Access rights for the execution of the project
Article 26
1. As regards research and technological development projects, paragraphs 2 and 3 shall apply.
2. Principal contractors involved in the same project shall enjoy royalty-free access rights to the knowledge needed to carry out their own work under that project.
Assistant contractors involved in the same project shall enjoy royalty-free access rights to the knowledge needed to carry out their own work under that project, when such rights are requested from the principal contractor or principal contractors to whose technical supervision they are subject or their other assistant contractors. When they are requested from other participants in the same project, access rights shall be granted on favourable conditions.
Subject to legitimate interests as provided in the contract, principal contractors established in a Member State or Associated State and working under the same specific programme shall enjoy access rights to the knowledge needed to carry out their own work under that specific programme on favourable conditions.
3. Principal contractors involved in the same project shall enjoy access rights to the pre-existing know-how needed to carry out their own work under that project on favourable conditions.
Assistant contractors involved in the same project shall enjoy access rights to the pre-existing know-how needed to carry out their own work under that project on favourable conditions, when such rights are requested from the principal contractor or principal contractors to whose technical supervision they are subject or their other assistant contractors. When they are requested from other participants in the same project, access rights shall be granted on market conditions.
Article 27
1. As regards demonstration projects, paragraphs 2 and 3 shall apply.
2. Principal contractors involved in the same project shall enjoy royalty-free access rights to the knowledge needed to carry out their own work under that project.
Assistant contractors involved in the same project shall enjoy royalty-free access rights to the knowledge needed to carry out their own work under that project, when such rights are requested from the principal contractor or principal contractors to whose technical supervision they are subject or their other assistant contractors. When they are requested from other participants in the same project, access rights shall be granted on favourable conditions.
3. Principal contractors involved in the same project shall enjoy access rights to the pre-existing know-how needed to carry out their own work under that project on favourable conditions.
Assistant contractors involved in the same project shall enjoy access rights to the pre-existing know-how needed to carry out their own work under that project on favourable conditions, when such rights are requested from the principal contractor or principal contractors to whose technical supervision they are subject or their other assistant contractors. When they are requested from other participants in the same project, access rights shall be granted on market conditions.
Article 28
1. As regards combined RTD/demonstration projects, paragraphs 2 and 3 shall apply.
2. As a rule, the provisions of Article 26 shall apply to work involved in the "research and technological development", component. The provisions of Article 27 shall apply to the work involved in the "demonstration" component.
3. Where the "research and technological development" and "demonstration" components are not distinguishable, the provisions of Article 26 shall apply where the weighted average of the Community funding rates normally applicable to both components exceeds 42,5 %. At or below that rate the provisions of Article 27 shall apply.
Article 29
1. As regards cooperative research projects, paragraphs 2, 3 and 4 shall apply.
2. RTD performers involved in the same project shall enjoy royalty-free access rights to the knowledge needed to carry out their own work under that project.
3. RTD performers involved in the same project shall enjoy royalty-free access rights to the pre-existing know-how needed to carry out their own work under that project.
Principal contractors involved in the same project as referred to in Article 3(2) shall enjoy royalty-free access rights to the pre-existing know-how needed to carry out their own work under that project.
4. When the access rights referred to in paragraphs 2 and 3 are granted to RTD performers, the granting of such rights may be subject to the conclusion of specific agreements aimed at ensuring that they are used only for the intended purpose, and of appropriate confidentiality agreements.
Section 2
Access rights for use of knowledge
Article 30
1. As a rule, access rights may not be granted on an exclusive basis.
However, exclusive access rights to knowledge may be granted where it is economically indispensable in view, in particular, of the market, the risks and the investment required to exploit the knowledge. They shall be granted on market conditions.
Agreements on exclusive access rights shall satisfy the competition rules, notably those in Regulation (EC) No 240/96.
2. Participants planning to grant exclusive access rights shall give prior notice of the relevant conditions to the other participants.
Principal contractors involved in the same project may, within 30 days of receiving the notice referred to in the first subparagraph, state their commitment to exploit the knowledge on the basis of non-exclusive access rights, in accordance with the first subparagraph of paragraph 1. In that case, exclusive access rights may not be granted.
Article 31
A participant may refuse other participants access rights on his knowledge if he is exploiting it himself.
Such refusal shall only be justified, however, when it is economically indispensable in view, in particular, of the market, the risks and the investment required to exploit the knowledge.
Article 32
1. As regards research and technological development projects, paragraphs 2, 3 and 4 shall apply.
2. Principal contractors involved in the same project shall enjoy royalty-free access rights, for use purposes, to all the knowledge generated under that project.
A participant involved in the same project who does not generally carry out commercial activities and who is unable to exploit the knowledge he has generated may decide on his own to grant access rights to that knowledge to other principal contractors involved in that project, instead of royalty-free, on financial or similar terms which are reasonable and acceptable in relation to his contribution to the project and to the use potential of the knowledge. The negotiation of the terms shall not delay the granting of access rights.
Assistant contractors involved in the same project shall enjoy access rights to the knowledge needed to use the knowledge they have generated under that project on favourable conditions, when such rights are requested from the principal contractor or principal contractors to whose technical supervision they are subject or their other assistant contractors. When they are requested from other participants in the same project, access rights shall be granted on market conditions.
Subject to legitimate interests as provided in the contract, principal contractors established in a Member State or Associated State and involved in the same specific programme shall enjoy access rights to the knowledge generated under a project in the same specific programme which is needed to use the knowledge they have generated under that specific programme on market conditions.
3. Principal contractors involved in the same project shall enjoy access rights to the pre-existing know-how and to the knowledge other than that referred to under paragraph 2 which is needed to use the knowledge generated under that project on favourable conditions.
4. When the access rights referred to in paragraphs 2 and 3 are granted for the purpose of using knowledge in subsequent research activities, the granting of such rights may be made conditional on the submission of a duly justified request and on the conclusion of a specific agreement aimed at ensuring that they are used only for the intended purpose and of appropriate confidentiality commitments. In such a case, the access rights granted do not give any entitlement to grant sub-licences, unless the participant granting such rights agrees thereto.
Article 33
1. As regards demonstration projects, paragraphs 2 and 3 shall apply.
2. Principal contractors involved in the same project shall enjoy access rights, for exploitation purposes, to all the knowledge generated under that project, on favourable conditions.
Assistant contractors involved in the same project shall enjoy access rights to the knowledge needed to exploit the knowledge they have generated under that project on favourable conditions, when such rights are requested from the principal contractor or principal contractors to whose technical supervision they are subject or their other assistant contractors. When they are requested from other participants in the same project, access rights shall be granted on market conditions.
3. Principal contractors involved in the same project shall enjoy access rights to the pre-existing know-how and to the knowledge other than that referred to in paragraph 2 which is needed to exploit the knowledge generated under that project on favourable conditions.
Article 34
1. As regards combined RTD/demonstration projects, paragraphs 2 and 3 shall apply.
2. As a rule, the provisions of Article 32 shall apply to the work involved in the "research and technological development" component. The provisions of Article 33 shall apply to the work involved in the "demonstration" component.
3. Where the "research and technological development" and "demonstration" components are not distinguishable, the provisions of Article 32 shall apply where the weighted average of the Community funding rates normally applicable to both components exceeds 42,5 %. At or below that rate the provisions of Article 33 shall apply.
Article 35
Regarding cooperative research projects, principal contractors involved in the same project as referred to in Article 3(2) shall enjoy access rights to the pre-existing know-how needed to exploit the knowledge generated under that project on favourable conditions.
CHAPTER VI
Dissemination of knowledge
Article 36
1. The participants and the Community must disseminate or arrange the dissemination of the knowledge referred to in paragraph 2 which lends itself to dissemination and is their property.
Participants shall agree terms with the Commission for the dissemination of knowledge within a reasonable period, in accordance with the conditions set out in Article 19(2) and (3) of Decision 1999/65/EC, in particular their legitimate interests, and the content of the contracts.
2. The obligation referred to in paragraph 1 concerns knowledge gained, in particular, from the following indirect RTD actions:
(a) accompanying measures;
(b) exploratory awards;
(c) research training networks;
(d) thematic networks;
(e) concerted actions;
(f) support for access to infrastructures;
(g) grants.
Article 37
1. In particular cases, Member States and Associated States shall, on the basis of a reasoned request, have access to useful knowledge which is relevant to policy-making, including notably legislative policy-making.
Participants may oppose such a request in accordance with the conditions referred to in Article 19 of Decision 1999/65/EC.
2. The possibility of enjoying the access provided for in paragraph 1 shall be set out in the relevant calls for proposals and, if necessary, the implementing details thereof shall be specified in the contracts.
CHAPTER VII
Technological implementation plan
Article 38
The rules concerning the technological implementation plan laid down in Article 20 of Decision 1999/65/EC shall apply in particular in the context of the following indirect RTD actions:
(a) research and technological development projects;
(b) demonstration projects;
(c) combined RTD/demonstration projects;
(d) cooperative research projects.
Article 39
1. In accordance with the provisions of Article 17, the technological implementation plan shall include a summary of the project and a forecast of the participants' intentions, as well as a description of their achievements, regarding dissemination and use of the knowledge, in accordance with Article 20 of Decision 1999/65/EC.
2. The summary of the project shall be submitted to the Commission through the coordinator for the purpose of dissemination and shall contain a description of the project and its results as well as the names of the participants owning the results.
3. The forecast of the participants' intentions regarding dissemination and use of the knowledge as well as their achievements in that field shall be submitted to the Commission by each participant individually and shall contain, in particular, the following data:
(a) protection measures obtained or planned and steps taken to that effect;
(b) data necessary to ascertain the terms of use as described in Article 22(1), second subparagraph, including an indicative timetable and an outline of the resources contemplated for that purpose;
(c) terms of dissemination as described in Article 36(1), second subparagraph, including an indicative timetable and an outline of the resources contemplated for that purpose;
(d) any other data necessary to ascertain the extent of the Community added-value.
The Commission shall keep confidential any data, knowledge, document and other element expressly communicated to it as confidential.
4. Any change made to the initial dissemination and use plan which significantly alters the dissemination and use conditions shall be duly justified in the technological implementation plan.
Article 40
The technological implementation plan, complying with the conditions of Article 39, shall be provided to the Community, by the deadline and in accordance with the terms set out in the contract, and no later than the completion of the project.
Article 41
1. The technological implementation plan shall be approved by the Commission taking account of the interests of the Community as referred to in Article 2 of Decision 1999/65/EC and international agreements concluded with the Community.
2. The approval of the technological implementation plan, limited to verifying compliance with the obligations set out in the contract, shall be without prejudice to compliance with the conditions laid down in Articles 30 and 31.
3. In order to enable it to approve the technological implementation plan, the participants shall provide the Commission with the documentation they consider relevant in the light of Article 39, whatever its medium, and in an appropriate form.
Article 42
1. The participants shall inform the Commission, upon request, at any time during the period provided for in the contract, of the arrangements for carrying out the technological implementation plan.
Once it has been approved, they shall justify any change to it that significantly alters the dissemination or use conditions.
2. Participants shall provide the Commission, at the latest one year after the expiry of the deadlines laid down in the technological implementation plan, with a summary of the implementation of the plan for dissemination purposes without prejudice to Article 46.
Article 43
Without prejudice to the provisions laid down in the contracts, the Commission and its authorised representatives shall be empowered to carry out technological controls with a view to ensuring that participants are complying with the intentions stated in the technological implementation plan. The contracts shall determine the conditions under which the participants may oppose the carrying out of the technological controls by certain authorised representatives of the Commission.
Such controls may be carried out at any time after the approval of the technological implementation plan in accordance with Article 41, and up to one year after the expiry of the deadlines set out therein.
In order to carry out the controls, the Commission and its authorised representatives shall have access, on a confidential basis, to all data they consider relevant in the light of Article 39, on whatever medium, in the participants' possession, and may require it to be handed over to them in an appropriate form.
CHAPTER VIII
Incompatible or restrictive commitments
Article 44
1. Participants shall take all necessary steps to avoid commitments that are incompatible with the obligations provided for in Chapters III, IV and V or in the contract.
2. Without prejudice to paragraph 1, participants involved in the same project shall be informed, as soon as possible, by the participant required to grant access rights of any limitations on the granting of access rights to pre-existing know-how, obligations to grant rights to the knowledge or any restriction which might substantially affect the granting of access rights.
CHAPTER IX
Publicity and confidentiality
Article 45
1. The Commission shall publish general data, notably on the objectives, total estimated cost and Community financial contribution, duration and progress of the projects and knowledge.
The legal names of the participants and the names of the laboratories carrying out the work shall also be published unless the participants object, with sufficient advance notice, on duly substantiated, essential grounds of an industrial or commercial nature.
2. Any communication, publication or dissemination, on whatever medium, concerning the progress of the project or concerning the knowledge shall make appropriate mention of the programme under which the work is being carried out or the knowledge gained, and the support provided by the Community.
It shall be stated that the author is solely responsible for content communicated, published or disseminated and that it does not represent the Commission's opinion.
3. Contracts may contain additional provisions regarding publicity and confidentiality.
Article 46
1. Without prejudice to Article 45 and subject to the conditions to be laid down in the contracts, the Commission and the participants shall keep confidential any data, knowledge and documents communicated to them as confidential.
2. When disclosing any data, knowledge and documents, as referred to in paragraph l, the Commission and the participants shall first require the recipient to keep it confidential and to use it only for the purpose for which it was disclosed.
Article 47
For the entire duration of the contract, and for a further two years following its expiry, participants shall, without prejudice to Article 46, provide appropriate data to standardisation bodies regarding knowledge obtained under that contract which may contribute to the preparation of European standards or, as appropriate, international standards. The Commission shall inform the contractors as far as possible of any standardisation work under way or planned.
TITLE III
Rules applicable to direct RTD actions
CHAPTER I
Ownership of knowledge
Article 48
1. Knowledge gained from projects undertaken under direct RTD actions shall be the property of the Community.
2. Where the Community transfers ownership of knowledge, it shall take steps or conclude agreements to pass on its obligations under this Regulation to the assignee.
CHAPTER II
Protection of knowledge
Article 49
1. The Community shall ensure adequate and effective protection of knowledge that is eligible for use under Article 50.
2. The Community may disclose data about the knowledge it owns provided that the protection of that knowledge is not thereby affected.
CHAPTER III
Use of knowledge
Article 50
The Community shall use or cause to be used the knowledge owned by it which lends itself to such use, in accordance with the interests of the Community.
The terms of use shall depend in particular on the area of activity concerned.
CHAPTER IV
Making knowledge available for use
Article 51
1. Knowledge owned by the Community should be made available to any interested legal entity established in the Community or an Associated State for its research needs or in so far as it undertakes to use such knowledge, or to cause it to be used, in accordance with the interests of the Community.
Such provision of knowledge may be subject to appropriate conditions, particularly concerning the payment of fees.
2. The rules laid down in paragraph 1 shall not apply to confidential knowledge.
Article 52
As a rule, knowledge owned by the Community may not be made available on an exclusive basis.
Exclusive agreements may be concluded, however, when it is economically indispensable in view, in particular, of the market, the risks and the investment required to exploit the knowledge. They shall be granted on market conditions.
Agreements on exclusive availability of knowledge shall satisfy the competition rules, notably those in Regulation (EC) No 240/96.
Article 53
The Community may refuse to make its knowledge available under the conditions provided for in Article 51 if it is exploiting it itself.
Such refusal shall only be justified, however, when it is economically indispensable in view, in particular, of the market, the risks and the investment required to exploit the knowledge.
CHAPTER V
Dissemination of knowledge
Article 54
The Community shall disseminate or cause to be disseminated the knowledge owned by it which lends itself to such dissemination, in accordance with the conditions laid down in Article 19(1) of Decision 1999/65/EC.
Part IV
Final provisions
Article 55
This Regulation shall not affect the provisions contained in the decisions adopting the specific programmes specifying or supplementing Decision 1999/65/EC.
Article 56
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 Brussels, 11 May 1999. | [
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COMMISSION REGULATION (EC) No 1304/97 of 4 July 1997 derogating from and amending Regulation (EEC) No 2456/93 laying down detailed rules for the application of Council Regulation (EEC) No 805/68 as regards the general and special intervention measures for beef
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Regulation (EC) No 2222/96 (2), and in particular Articles 6 (7) and 22a (3) thereof,
Whereas, because of the current reduced consumption of beef and veal in the Community, prices continue to be low; whereas the situation calls for support measures;
Whereas, to that end, certain derogations should be made from Commission Regulation (EEC) No 2456/93 (3), as last amended by Regulation (EC) No 2368/96 (4), in respect of invitations to tender opened in the third quarter of 1997;
Whereas, in order for intervention to provide a full response to the serious situation on the market, the list of eligible qualities laid down for the United Kingdom and Ireland should be extended; whereas the abovementioned Regulation should also be supplemented, on an exceptional and temporary basis and for the sake of fairness, to allow the buying-in of carcases of young bovine animals in conformation classes S and E in Member States where production of those classes predominates and the market prices are regularly recorded; whereas, finally, the maximum quantities of products of category A, classes 02 and 03, eligible for intervention in the Member States referred to in the third subparagraph of Article 4 (1) should be increased;
Whereas, as demand is low at this time of year for certain less value cuts, including the flank, buying-in for intervention of forequarters of the 'Pistola` type, which include the abovementioned flank, should also be authorized; whereas the conditions for the acceptance of forequarters should be specified;
Whereas, following the buying-in of forequarters, the price of such products should be defined on the basis of carcase prices;
Whereas, by way of an exception, the maximum weight provided for in Article 4 (2) (h) of Regulation (EEC) No 2456/93 has not applied; whereas there should be a gradual return to the weight limit originally laid down;
Whereas the closing dates for the submission of tenders are the second and fourth Tuesdays of the month; whereas, in view of the public holidays in August 1997, the closing dates for the third quarter of 1997 should be changed for practical reasons;
Whereas the present difficult situation in the beef and veal sector makes it appropriate, temporarily, to maintain the revised amount of the increase applicable to the average market price used to define the maximum buying-in price;
Whereas the rules on the quick-freezing of boned meat and of meat on the bone should be specified, as should the rules on the hanging of carcases;
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. Notwithstanding the first subparagraph of Article 4 (1) of Regulation (EEC) No 2456/93:
(a) The additional products not included in Annex III to that Regulation which may be bought into intervention shall be as follows:
UNITED KINGDOM
Great Britain
- Category A, class U2 and class U3,
- Category A, class R2 and class R3,
- Category A, class O2 and class O3,
- Category C, class U3 and class U4,
- Category C, class O3 and class O4.
Northern Ireland
- Category A, class U2 and class U3,
- Category A, class R2 and class R3,
- Category A, class O2 and class O3,
- Category C, class O3 and class O4.
IRELAND
- Category C, class O4.
The difference between the intervention price for the quality R3 and that for quality O4 shall be ECU 30 per 100 kilograms.
The coefficient to be used for converting tenders submitted for quality R3 into tenders for quality O4 shall be 0,914 (middle class);
(b) Products in category A falling within conformation classes S2, S3, E2 and E3 in accordance with the Community classification scale may be bought into intervention in Member States which regularly record the prices for those qualities and where classes S and E accounted for at least 50 % of the animals slaughtered in category A in 1995.
The coefficients to be used for converting from quality R3 into qualities S2, S3, E2 and E3 shall be 1,365, 1,304, 1,228 and 1,156 (middle class) respectively.
2. Notwithstanding Article 4 (2) of Regulation (EEC) No 2456/93:
(a) carcases and half-carcases of castrated animals reared in the United Kingdom which are more than 30 months old may not be bought in;
(b) the following may be bought in:
- forequarters five-rib straight cut from the carcases or half-carcases referred to in that paragraph; the price of forequarters shall be derived from the carcase price using the coefficient 0,80,
- forequarters with the flank attached obtained from a five-rib 'Pistola` cut from the carcases or half-carcases referred to in that paragraph and intended for boning in accordance with Title II: the price of forequarters shall be derived from the carcase price using the coefficient 0,68.
3. Notwithstanding Article 4 (2) (h) of Regulation (EEC) No 2456/93, the maximum weight of carcases as referred to in the above provision shall be:
(a) 360 kilograms for carcases of animals in categories A and C, conformation classes U, R and O;
(b) 450 kilograms for carcases of animals in category A, conformation classes S and E.
4. Notwithstanding the first sentence of Article 10 of Regulation (EEC) No 2456/93, during the third quarter of 1997, the deadline for the submission of tenders shall expire at 12 noon (Brussels time):
- on the second and fifth Tuesdays of July,
- on the third Tuesday of August,
- on the second and fourth Tuesdays of September.
5. Notwithstanding Article 14 (1) of Regulation (EEC) No 2456/93:
(a) the increase applicable, in accordance with the first sentence, to the average market price shall be ECU 14 per 100 kilograms carcase weight;
(b) the increase applicable, in accordance with the second sentence, to the average market price shall be ECU 7 per 100 kilograms carcase weight.
6. Notwithstanding Article 17 of Regulation (EEC) No 2456/93, where take-over is limited to forequarters, the latter must be presented together with the corresponding hindquarters in order to be accepted by the intervention agency, so that the maximum weight, presentation and classification of the carcases from which they originate may be verified.
However, where preliminary inspection of the forequarters and hindquarters has been conducted under the conditions referred to in paragraph 3 of that Article, the forequarters accepted during that inspection may be presented without the hindquarters for definitive take-over at the intervention centre after being transported there in a sealed means of transport.
7. Notwithstanding point 2 (c) of Annex V to Regulation (EEC) No 2456/93, for the purposes of this Regulation, forequarters shall mean:
- cut from the carcase after cooling in accordance with the conditions laid down in point 5,
- five-rib straight cut, or
- five-rib Pistola cut with flank attached.
8. Notwithstanding the first paragraph of point 1.2.8. 'Intervention flank` of Annex VII to Regulation (EEC) No 2456/93, where the forequarter is obtained as the result of a Pistola cut, the entire flank shall be separated from the Pistola forequarter at the level of the fifth rib.
Article 2
Regulation (EEC) No 2456/93 is hereby amended as follows:
1. the following paragraph is added to Article 28:
'The temperature of freezing of boned meat shall be such as to give an internal temperature equal to or lower than minus 7 °C within a maximum of 36 hours.`;
2. Annex IV is replaced by the Annex to this Regulation;
3. the first sentence of point 2 (a) of Annex V is replaced by the following:
'(a) carcase: the whole body of the slaughtered animal hung from the slaughterhouse hook by the hamstring after bleeding, evisceration and skinning, presented:`.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 1 shall apply to invitations to tender opened during the months of July, August and September 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 July 1997. | [
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COMMISSION DECISION
of 16 March 1983
adjusting the boundaries of less-favoured areas within the meaning of Council Directive 75/268/EEC in France
(Only the French text is authentic)
(83/121/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (1), as last amended by Directive 82/786/EEC (2), and in particular Article 2 (3) thereof,
Whereas Council Directive 75/271/EEC of 28 April 1975 concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (France) (3), as last amended by Decision 81/408/EEC (4), identifies the areas in France included in the Community list of less-favoured areas within the meaning of Article 3 (3), (4) and (5) of Directive 75/268/EEC;
Whereas the French Government has applied, under Article 2 (1) of Directive 75/268/EEC, for an adjustment of the boundaries of the less-favoured areas listed in the Annex to Directive 75/271/EEC;
Whereas the transfer of certain areas already listed as areas within the meaning of Article 3 (4) and (5) of Directive 75/268/EEC to the list of areas within the meaning of Article 3 (3) of the same Directive is in accordance with the indices and the values, including the criteria for exceptions, used in Directive 75/271/EEC to define mountain areas;
Whereas the less-favoured areas resulting from these adjustments exhibit the indices and values used in Council Directive 77/118/EEC of 14 February 1977 amending Directive 75/271/EEC concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (France) (5) to define areas within the meaning of Article 3 (4) and (5) of Directive 75/268/EEC;
Whereas the adjustments requested by the French Government pursuant to Article 2 (3) of Directive 75/268/EEC do not have the combined effect of increasing the utilized agricultural area of all the listed areas by more than 1,5 % of the total utilized agricultural area in France;
Whereas the total area covered by the areas determined in accordance with Article 3 (5) of Directive 75/268/EEC represents less than 2,5 % of the total area of France;
Whereas the EAGGF Committee has been consulted on the financial aspects;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure,
HAS ADOPTED THIS DECISION:
Article 1
With effect from 1 December 1982, the list of less-favoured areas in France contained in the Annex to Directive 75/271/EEC is hereby amended as shown in the Annex to this Decision.
Article 2
This Decision is addressed to the French Republic.
Done at Brussels, 16 March 1983. | [
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COUNCIL DECISION
of 15 February 2007
on the conclusion, on behalf of the Community, of an Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union
(2007/511/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(a) and Article 66 in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1)
According to Article 21(3) of Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (2), countries associated with the implementation, application and development of the Schengen acquis are to participate in the Agency. The modalities of their participation are to be determined in further arrangements to be concluded between the Community and those countries.
(2)
Following the authorisation given to the Commission on 7 October 2004, negotiations with the Republic of Iceland and the Kingdom of Norway for an Arrangement on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union have been concluded.
(3)
In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it, or subject to its application. Since this Decision builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark should, in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Decision whether it will implement it in its national law or not.
(4)
This Decision 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 (3). The United Kingdom is therefore not taking part in its adoption and is not bound by it, or subject to its application.
(5)
This Decision 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 (4). Ireland is therefore not taking part in its adoption and is not bound by it, or subject to its application.
(6)
According to Council Decision 2007/512/EC (5), and pending its final conclusion at a later date, the Arrangement has been signed on behalf of the Community on 1 February 2007.
(7)
The Arrangement should be concluded,
HAS DECIDED AS FOLLOWS:
Article 1
The Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union is hereby approved on behalf of the Community.
The text of the Arrangement is attached to this Decision (6).
Article 2
The President of the Council is hereby authorised to designate the person empowered to deposit on behalf of the Community the instrument of approval provided for in Article 9(1) of the Arrangement in order to express the consent of the Community to be bound.
Done at Brussels, 15 February 2007. | [
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COUNCIL REGULATION (EEC) No 747/86
of 10 March 1986
on the application of the EEC-Morocco Cooperation Council Decision No 1/86 replacing the unit of account by the ECU in the Protocol on the definition of 'originating products' and methods of administrative cooperation to the Cooperation Agreement between the European Economic Community and Morocco
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco (1) was signed on 27 April 1976 and entered into force on 1 November 1978;
Whereas pursuant to Article 28 of the Protocol on the definition of 'originating products' and methods of administrative cooperation, the EEC-Morocco Cooperation Council has adopted Decision No 1/86;
Whereas that Decision should be made operative in the Community,
HAS ADOPTED THIS REGULATION:
Article 1
Decision No 1/86 of the EEC-Morocco Cooperation Council shall be applicable in the Community.
The text of the Decision is attached to this Regulation.
Article 2
This Regulation shall enter into force on 1 April 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 March 1986. | [
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Commission Regulation (EC) No 1080/2001
of 1 June 2001
opening and providing for the administration of a tariff quota for frozen meat of bovine animals covered by CN code 0202 and products covered by CN code 0206 29 91 (1 July 2001 to 30 June 2002)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), and in particular Article 32(1) thereof,
Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV(6) negotiations(2), and in particular Article 1(1) thereof,
Whereas:
(1) Schedule CXL requires an annual import quota to be opened for 53000 tonnes of frozen beef covered by CN code 0202 and products covered by CN code 0206 29 91. Implementing rules should be laid down for the 2001/02 quota year starting on 1 July 2001.
(2) For the allocation of the quota the method laid down in the third indent of Article 32(2) of Regulation (EC) No 1254/1999 should be applied, avoiding discrimination between the traders concerned. Access to the quota should therefore be extended to those traders known as "new arrivals".
(3) Traditional importers should consequently be allocated 70 % of the quota, i.e. 37100 tonnes, in proportion to the quantities imported by them under the same type of quota during the period 1 July 1997 to 30 June 2000. In certain cases administrative errors by the competent national body are liable to restrict traders' access to this part of the quota. Steps should be taken to make good any resulting damage.
(4) Traders who can show that they are genuinely involved in trade of some significance should be granted access to the second part of the quota, i.e. 15900 tonnes, in accordance with a procedure whereby the parties concerned submit applications to be accepted by the Commission. Proof of genuine involvement in trade calls for evidence to be presented of trade of some significance in beef and veal with non-member countries during the period 1 July 1998 to 30 June 2000.
(5) In 1999 Belgian beef and veal exports were severely affected by discussion of dioxin. As far as the figure of 15900 tonnes is concerned, Belgium's situation as regards exports should be taken into account when the criteria relating to results are determined.
(6) If such criteria are to be checked, applications must be submitted in the Member State where the importer is entered in the national VAT register.
(7) In order to prevent speculation:
- traders no longer involved in trade in beef and veal at 1 June 2001 should be denied access to the quota,
- a security relating to import rights should be fixed,
- the possibility of transferring import licences should be excluded,
- the issue of import licences to traders should be limited to the import rights allocated to them.
(8) To oblige traders to apply for import licences for all the import rights allocated, it should be established that obligation constitutes a primary requirement within the meaning of 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(3), as last amended by Regulation (EC) No 1932/1999(4).
(9) Save as otherwise provided in this Regulation, Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance-fixing certificates for agricultural products(5) and Commission Regulation (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef and veal sector and repealing Regulation (EEC) No 2377/80(6), as last amended by Regulation (EC) No 24/2001(7), are applicable to import licences issued under this Regulation.
(10) Effective management of the quota and fraud prevention in particular require used licences to be returned to the competent authorities so they can check that the quantities shown therein are correct. The competent authorities must accordingly be under an obligation to carry out such checks. The security to be lodged when licences are issued should be fixed at a level that ensures licences are actually used and returned to the competent authorities.
(11) 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
1. A tariff quota totalling 53000 tonnes expressed in weight of boneless meat is hereby opened for frozen meat of bovine animals covered by CN code 0202 and products covered by CN code 0206 29 91 for the period 1 July 2001 to 30 June 2002.
The serial number of the tariff quota shall be 09.4003.
For the purposes of the said quota, 100 kilograms of bone-in meat shall be equivalent to 77 kilograms of boneless meat.
2. For the purposes of this Regulation, "frozen meat" means meat which is frozen and has an internal temperature of -12 °C or lower when it enters the customs territory of the Community.
3. The Common Customs Tariff duty applicable to the quota provided for in paragraph 1 shall be 20 % ad valorem.
Article 2
1. The quota provided for in Article 1 shall be divided into two parts as follows:
(a) the first, equalling 70 % or 37100 tonnes, shall be apportioned among Community importers in proportion to the quantities imported by them under Commission Regulation (EC) No 1042/97(8), (EC) No 1142/98(9) and (EC) No 995/1999(10).
However, the Member States may accept as the reference quantity import rights for the preceding year which were not allocated because of an administrative error by the competent national body but to which the importer would have been entitled;
(b) the second, equalling 30 % or 15900 tonnes, shall be apportioned among traders who can prove that they have been engaged for a certain period in trade in beef and veal with non-member countries, involving a minimum quantity other than the quantities taken into consideration under (a) and excluding meat which is the subject of inward or outward processing arrangements.
2. For the purposes of paragraph 1(b), the 15900 tonnes shall be allocated to traders who can furnish proof that they have:
- imported at least 220 tonnes of beef in the period 1 July 1998 to 30 June 2000 other than quantities imported under Regulations (EC) No 1142/98 and (EC) No 995/1999, or
- exported at least 450 tonnes of beef in the same period.
For this purpose, "beef" means products covered by CN codes 0201, 0202 and 0206 29 91, and the minimum reference quantities shall be expressed in terms of product weight.
Notwithstanding the second indent, the period of export for established traders entered in the VAT register in Belgium since 1 July 1997 to 30 June 1999.
3. The 15900 tonnes referred to in paragraph 2 shall be allocated in proportion to the quantities applied for by eligible traders.
4. Proof of import and export shall be furnished solely by means of customs documents of release for free circulation and export documents.
Member States may accept copies of the abovementioned documents duly certified by the competent authorities.
Article 3
1. Traders who were no longer engaged in trade in beef and veal at 1 June 2001 shall not qualify under the arrangements provided for in this Regulation.
2. Companies arising from mergers where each constituent undertaking has rights pursuant to Article 2(1)(a) shall enjoy the same rights as the undertakings from which they are formed.
Article 4
1. Together with the proof referred to in Article 2(4), applications for import rights shall be submitted before 11 June 2001 to the competent authority in the Member State where the applicant is entered in the national VAT register. Where an applicant submits more than one application under either of the arrangements referred to in Article 2(1)(a) or (b), all such applications shall be inadmissible.
Applications pursuant to Article 2(1)(b) shall not cover more than 50 tonnes of frozen boneless meat overall.
2. After the documents submitted have been verified, the Member States shall forward the following to the Commission before 25 June 2001:
- in respect of the arrangements under Article 2(1)(a), a list of eligible applicants, including in particular their names and addresses and the quantities of eligible meat imported during the reference period concerned,
- in respect of the arrangements under Article 2(1)(b), a list of eligible applicants, including in particular their names and addresses and the quantities applied for and an indication as to whether proof of import or export was furnished.
3. All communications, including nil returns, shall be sent by fax using the forms in Annexes I and II.
Article 5
1. The Commission shall decide as soon as possible on the extent to which quantities covered by applications may be accepted.
2. Where the quantities covered by applications for import rights exceed the quantities available, the Commission shall reduce the quantities applied for by a fixed percentage.
Article 6
1. The security relating to the import rights shall be EUR 6 per 100 kilograms net weight. It must be deposited with the competent authority together with the application for import rights.
2. Import licence applications must be made for the quantity allocated. This obligation shall constitute a primary requirement within the meaning of Article 20(2) of Regulation (EEC) No 2220/85.
3. If the decision on allocation by the Commission in accordance with Article 5 results in application of a reduction percentage, the security provided shall be released for the import rights applied for in excess of the rights allocated.
Article 7
1. Imports of the quantities allocated shall be subject to presentation of one or more import licences.
2. Licence applications may be lodged solely:
- in the Member State where the applicant has applied for import rights,
- by traders allocated import rights. Import rights allocated to traders shall entitle them to import licences for quantities equivalent to the rights allocated.
3. Following decisions on allocation by the Commission in accordance with Article 5, import licences shall be issued on application and in the names of the traders who have obtained import rights.
4. Licence applications and licences shall contain the following entries:
(a) one of the following entries in section 20:
- Carne de vacuno congelada [Reglamento (CE) n° 1080/2001]
- Frosset oksekød [Forordning (EF) nr. 1080/2001]
- Gefrorenes Rindfleisch (Verordnung (EG) Nr. 1080/2001)
- Κατεψυγμένο βόειο κρέας [Κανονισμός (ΕΚ) αριθ. 1080/2001]
- Frozen meat of bovine animals [Regulation (EC) No 1080/2001]
- Viande bovine congelée [Règlement (CE) n° 1080/2001]
- Carni bovine congelate [Regolamento (CE) n. 1080/2001]
- Bevroren rundvlees (Verordening (EG) nr. 1080/2001)
- Carne de bovino congelada [Regulamento (CE) n.o 1080/2001]
- Jäädytettyä naudanlihaa (Asetus (EY) N:o 1080/2001)
- Fryst kött av nötkreatur (Förordning (EG) nr 1080/2001);
(b) the country of origin in section 8;
(c) one of the following groups of CN codes in section 16:
0202 10 00, 0202 20, 0202 30, 0206 29 91.
Article 8
For the purpose of applying the arrangements provided for in this Regulation, the frozen meat shall be imported into the customs territory of the Community subject to the conditions laid down in Article 17(2)(f) of Council Directive 72/462/EEC(11).
Article 9
1. Regulations (EC) Nos 1291/2000 and (EC) No 1445/95 shall apply, save where otherwise provided in this Regulation.
2. Notwithstanding Article 9(1) of Regulation (EEC) No 1291/2000, import licences issued pursuant to this Regulation shall not be transferable and shall confer the right to use the tariff quotas only if made out in the nature entered on the declaration of release for free circulation accompanying them.
3. Pursuant to Article 50(1) of Regulation (EEC) No 1291/2000, the full Common Customs Tariff duty applicable on the date of release for free circulation shall be collected in respect of all quantities imported in excess of those shown on the import licence.
4. Import licences shall be valid for 90 days from their date of issue as defined in Article 23(1) of Regulation (EEC) No 1291/2000. However, no licence shall be valid after 30 June 2002.
5. The security relating to the import licences shall be EUR 35 per 100 kilograms net weight. It shall be lodged together with the licence application.
6. Where import licences are returned with a view to the release of the security, the competent authorities shall check that the quantities shown on the licences are the same as those shown on the licences at the time of issue. Where licences are not returned, the Member States shall carry out an investigation to establish who has used them and for what quantities. The Member States shall inform the Commission at the earliest opportunity of the results of their investigations.
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, 1 June 2001. | [
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COMMISSION REGULATION (EC) No 1179/94 of 25 May 1994 concerning the first list of priority substances as foreseen under Council Regulation (EEC) No 793/93
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (1), and in particular Articles 8 and 10 thereof,
Whereas Regulation (EEC) No 793/93 envisages a system of evaluation and control of the risks of existing substances and whereas in order to undertake the risk evaluation of such substances, it is appropriate to identify priority substances requiring attention;
Whereas in consequence, Article 8 of Regulation (EEC) No 793/93 requires that the Commission shall draw up a list of priority substances and whereas Article 8 further indicates the factors which shall be taken into account in drawing up the said list;
Whereas Article 10 of Regulation (EEC) No 793/93 foresees that for each substance on the priority lists a Member State shall be given responsibility for its evaluation and whereas the allocation of substances shall ensure a fair sharing of the burden between Member States;
Whereas, the provisions of this Regulation are in accordance with the opinion of the Committee established pursuant to Article 15 of Regulation (EEC) No 793/93,
HAS ADOPTED THIS REGULATION:
Article 1
Priority list 1. The list of priority substances is hereby established and is set out in the Annex to this Regulation.
2. For each substance on the priority list the Member State which shall be responsible for its evaluation is hereby designated and is indicated in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 20th 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 May 1994. | [
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COUNCIL DECISION of 10 February 1992 amending Decision 90/218/EEC concerning the placing on the market and administration of Bovine Somatotrophin (BST) (92/98/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas, by Decision 90/218/EEC (3), the Council called on Member States to prohibit, until 31 December 1991, the administration of bovine somatotrophin on their territory by any means whatsoever to dairy cows in view of the fact that the effects and consequences of the administration of this product were not sufficiently clear at the time;
Whereas the time set for studying these effects and consequences has proved too short; whereas the research undertaken has only been partially completed; whereas sufficiently representative results have not yet been obtained, in particular from the point of view of animal health and welfare; whereas in-depth studies should therefore continue in order to secure the additional data needed;
Whereas the possibility of a common approach by the principal countries involved in producing, exporting and importing dairy products should be investigated; whereas, finally, further deliberation is necessary regarding some aspects of consistency with other Community policies;
Whereas, in order not to anticipate the results of the studies in question, the prohibition regarding the placing on the market and administration of bovine somatotrophin should be extended until a later date,
HAS ADOPTED THIS DECISION:
Article 1
Decision 90/218/EEC is hereby amended as follows:
1. Article 1 shall be replaced by the following:
'Article 1
Member States shall ensure that, until 31 December 1993, the placing on the market of bovine somatotrophin and its administration on their territory to dairy cows by any means whatsoever will not be authorized.'
2. Article 4 shall be replaced by the following:
'Article 4
The Commission shall, before 1 July 1993, present the European Parliament and the Council with a report on the situation together with proposals for future arrangements. The Council shall act upon these proposals not later than 31 December 1993.'
Article 2
This Decision is addressed to the Member States. Done at Brussels, 10 February 1992. | [
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COMMISSION REGULATION (EC) No 3601/93 of 21 December 1993 fixing the reference prices for fishery products for the 1994 fishing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery and aquaculture products (1), as amended by Regulation (EEC) No 1891/93 (2), and in particular the first subparagraph of
Articles 22 (6) and 23 (5) thereof,
Whereas Article 22 (1) of Regulation (EEC) No 3759/92 provides, among other things, for reference prices valid for the Community to be fixed each year, by product category, for the products specified in Annexes I, II, III, IV (B) and V to that Regulation, subject to the consultation procedures laid down for certain products within the framework of the GATT;
Whereas Article 23 (1) of Regulation (EEC) No 3759/92 allows, inter alia, the fixing of reference prices for the products referred to in Annex IV (A) before the beginning of each marketing year;
Whereas Article 22 (2) of Regulation (EEC) No 3759/92 provides that the reference price for the products specified in Annex I (A), (D) and (E) thereto must be equal, respectively, to the withdrawal and selling prices fixed in accordance whith Article 11 (1) and Article 13 thereof;
Whereas Community withdrawal and selling prices for the products concerned were fixed for the 1994 fishing year by Commission Regulation (EC) No 3595/93 (3);
Whereas, the reference prices for the products specified in Annexes I (B) and (C) and IV (B) to Regulation (EEC) No 3759/92 are determined on the basis of the average of the reference prices for the fresh product, account being taken of the processing costs and of the need to ensure a price relationship in keeping with the market situation;
Whereas the reference prices for the products specified in Annex II to Regulation (EEC) No 3759/92 must be derived from their guide prices by reference to the price level at which the intervention measures provided for in Article 16 (1) thereof may be taken, and fixed taking account of the situation on the market in those products;
Whereas the reference prices for the fishes of the species Thunnus and Euthynnus, specified in Annex III to Regulation (EEC) No 3759/92 are based on the weighted average of the free-at-frontier prices recorded on the most representative markets in the Member States during the three preceding years;
Whereas for the carp and salmon referred to in Annex IV (A) to Regulation (EEC) No 3759/92, reference prices are fixed on the basis of the average of the producer prices recorded during the three years preceding the date on which the reference price is fixed for a product with commercial characteristics as set out in Commission Regulation (EEC) No 2210/93 (4);
Whereas, for the frozen and salted products specified in Annex V to Regulation (EEC) No 3759/92 for which no reference price is fixed for the fresh product, the reference prices are determined on the basis of the reference price applied to a commercially similar fresh product; however, given the quantities of certain frozen and salted products and the conditions governing their importation, it does not appear necessary to fix a reference price for such products in the immediate future;
Whereas the Management Committee for Fishery Products could not express an opinion as regards the measures provided for in this Regulation within the time required by its President,
HAS ADOPTED THIS REGULATION:
Article 1
The reference prices for the 1994 fishing year for the products specified in Annexes I, II, III, IV (A), (B) and V to Regulation (EEC) No 3759/92 shall be as shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 1 January 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 1993. | [
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Directive 2003/34/EC of the European Parliament and of the Council
of 26 May 2003
amending for the 23rd time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (substances classified as carcinogens, mutagens or substances toxic to reproduction - c/m/r)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 17 March 2003,
Whereas:
(1) Under Article 14 of the Treaty, an area without internal frontiers is to be established in which the free movement of goods, persons, services and capital is ensured.
(2) On 29 March 1996 the European Parliament and the Council adopted Decision No 646/96/EC adopting an action plan to combat cancer within the framework for action in the field of public health (1996 to 2000)(4).
(3) To improve health protection and consumer safety, substances classified as carcinogenic, mutagenic or toxic to reproduction and preparations containing them should not be placed on the market for use by the general public. The Commission should submit as soon as possible a proposal to prohibit the use of products containing such substances, when there is scientific evidence that they are released from these products leading to exposure of, and risk to, the general public.
(4) Directive 94/60/EC of the European Parliament and of the Council of 20 December 1994 amending for the 14th time Directive 76/769/EEC(5) establishes, in the form of an Appendix concerning points 29, 30 and 31 of Annex I to Directive 76/769/EEC(6), a list containing substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2. Such substances and preparations containing them should not be placed on the market for use by the general public.
(5) Directive 94/60/EC provides that the Commission will submit to the European Parliament and Council a proposal to extend this list not later than six months after publication of an adaptation to technical progress of Annex I to Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(7), which contains substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2.
(6) Commission Directive 98/98/EC of 15 December 1998 adapting to technical progress for the 25th time Council Directive 67/548/EEC(8), which in particular adapts Annex I thereto, contains 20 substances newly classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2, and Commission Directive 2000/32/EC of 19 May 2000 adapting to technical progress for the 26th time Council Directive 67/548/EEC(9), which in particular adapts Annex I thereto, contains two substances newly classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2. These substances should be added to points 29, 30 and 31 of the Appendix to Annex I to Directive 76/769/EEC.
(7) The risks and advantages of the substances thus newly classified have been taken into account.
(8) This Directive is to apply without prejudice to Community legislation laying down minimum requirements for the protection of workers contained in Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(10), and individual directives based thereon, in particular Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work(11),
HAVE ADOPTED THIS DIRECTIVE:
Article 1
The substances listed in the Annex shall be added to those listed in the Appendix, under points 29, 30 and 31 respectively, of Annex I to Directive 76/769/EEC.
Article 2
1. Member States shall adopt and publish not later than 15 July 2004 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
They shall apply these measures from 15 January 2005.
2. When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Article 3
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 26 May 2003. | [
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COMMISSION REGULATION (EC) No 659/2005
of 28 April 2005
fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 581/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular the third subparagraph of Article 31(3) thereof,
Whereas:
(1)
Commission Regulation (EC) No 581/2004 of 26 March 2004 opening a standing invitation to tender for export refunds concerning certain types of butter (2) provides for a permanent tender.
(2)
Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 26 April 2005.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
For the permanent tender opened by Regulation (EC) No 581/2004, for the tendering period ending on 26 April 2005, the maximum amount of refund for the products referred to in Article 1(1) of that Regulation shall be as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 29 April 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 April 2005. | [
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COMMISSION REGULATION (EC) No 561/2009
of 26 June 2009
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Queso Manchego (PDO))
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
Whereas:
(1)
In accordance with the first subparagraph of Article 9(1) and in application of Article 17(2) of Regulation (EC) No 510/2006, the Commission has examined Spain’s application for the approval of amendments to the specification of the protected designation of origin ‘Queso Manchego’ registered on the basis of Commission Regulation (EC) No 1107/96 (2).
(2)
Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (3) as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,
HAS ADOPTED THIS REGULATION:
Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 June 2009. | [
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COMMISSION REGULATION (EEC) No 1825/92 of 3 July 1992 exempting certain Member States from the obligation to buy in certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EEC) No 1754/92 (2), and in particular Article 19a (4) thereof,
Whereas Commission Regulation (EEC) No 1852/85 of 2 July 1985 laying down detailed rules of application with a view to exempt Member States from the obligation to buy in certain types of fruit and vegetables (3) specified what information the Member States were to provide to the Commission with a view to their being exempted if they so requested, as provided for in Article 19a (4) of Regulation (EEC) No 1035/72, from intervention purchasing;
Whereas this information must concern either the proportion of each of the products indicated in Article 19a of Regulation (EEC) No 1035/72 marketed through recognized producer organizations or the proportion harvested in the Member State concerned during the last three marketing years;
Whereas the Member States have supplied this information; whereas the conditions for exemption laid down in Regulation (EEC) No 1852/85 are met by certain Member States for certain products for the 1992/93 marketing year; whereas those Member States which have so applied should therefore be exempted from the obligation to make intervention purchases,
HAS ADOPTED THIS REGULATION:
Article 1
The following Member States are hereby exempted from the obligations to make intervention purchases, as provided for in Article 19a of Regulation (EEC) No 1035/72, of pears from 1 July to 31 August 1992, and peaches, apricots, tomatoes and aubergines during the 1992/93 marketing year:
Belgium
Denmark
Germany
Ireland
Luxembourg
Netherlands
United Kingdom
This exemption shall apply in respect of Greece only to the pears during the summer period referred to above.
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, 3 July 1992. | [
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*****
COMMISSION REGULATION (EEC) No 584/86
of 28 February 1986
amending as a transitional measure Regulation (EEC) No 3472/85 on the buying in and storage of olive oil by intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 90 and 257 thereof,
Whereas Council Regulation (EEC) No 453/86 of 25 February 1986 fixing, for 1985/86, the intervention prices for olive oil in Spain and Portugal and the production aid applicable in Spain (1), results in an intervention price in Spain different from the Community price; whereas, in these circumstances, the appliation in Spain of the price reduction for olive-residue oil, as provided for in Commission Regulation (EEC) No 3472/85 of 10 December 1985 on the buying in and storage of olive oil by intervention agencies (2), would create market disturbance; whereas provision should therefore be made for a special price reduction, as a transitional measure for that Member State;
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 Annex to Regulation (EEC) No 3472/85 is hereby replaced from 1 March 1986 to 31 October 1986, by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 March 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 February 1986. | [
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*****
COMMISSION REGULATION (EEC) No 1388/89
of 22 May 1989
adopting exceptional support measures for the market in pigmeat in Italy
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Regulation (EEC) No 2759/75 of the Council of 29 October 1975 on the common organization of the market in pigmeat (1), as last amended by Regulation (EEC) No 1249/89 (2), and in particular Article 20 thereof,
Whereas, because of the outbreak of foot-and-mouth disease in certain production regions in Italy, the introduction of live pigs and certain fresh pigmeat products from the infection zone has been temporarily prohibited;
Whereas in order to take account of the limitations to free movement of goods resulting from the situation, exceptional measures to support the market must be taken;
Whereas it is therefore appropriate to fix private storage aid for certain sensitive products coming from the infection zone in accordance with detailed implementing rules for the granting of private storage aid in the pigmeat sector adopted by Commission Regulation (EEC) No 1092/80 (3), as last amended by Regulation (EEC) No 3498/88 (4);
Whereas in order to limit the risk of infection the Italian authorites should be authorized to designate the places of storage;
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
1. As from 22 May until 16 June 1989 applications for private storage aid in the pigmeat sector may be made to the Italian intervention agency in accordance with the provisions of Regulation (EEC) No 1092/80 and of this Regulation.
Only products coming from pigs reared in local health units in which foot-and-mouth disease has been detected and which have not been declared free of the disease may be subject to this aid.
Modifications to the boundary of the infection zone shall be immediately notified by the Italian authorities to the Commission.
The list of products which qualify for aid and the relevant amounts are set out in the Annex hereto.
2. If the period of storage is extended or curtailed, the amount of aid shall be adjusted accordingly. The amounts of the supplements per month and the deductions per day are set out in columns 7 and 8 of the Annex.
Article 2
The minimum quantity per contract and per product shall be five tonnes.
The Italian authorities may designate the places of storage in accordance with veterinary requirements.
Article 3
The security shall be 20 % of the amount of aid set out in the Annex.
Article 4
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 22 May 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 May 1989. | [
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*****
COUNCIL DECISION
of 26 March 1985
on the application of the International Agreement on Tropical Timber 1983
(85/424/EEC)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 113 and 116 thereof,
Having regard to the recommendation from the Commission,
Whereas the International Agreement on Tropical Timber 1983 was signed by the Community and its Member States on 29 June 1984;
Whereas application of the Agreement presupposes both measures by the Community and joint measures by its Member States,
HAS DECIDED AS FOLLOWS:
Article 1
The Community and its Member States hereby state that they intend to apply the International Agreement on Tropical Timber 1983, in accordance with Articles 34 or 36 thereof, when the Agreement comes into force pursuant to Article 37 thereof.
The Community will apply the Agreement provisionally.
Article 2
The President of the Council is hereby authorized to designate the person empowered to deposit this notification of provisional application on behalf of the Community.
Article 3
This Decision shall be published in the Official Journal of the European Communities.
Done at Brussels, 26 March 1985. | [
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COMMISSION DECISION of 12 April 1994 concerning aid to be granted by Germany to the steel company EKO Stahl AG, Eisenhuettenstadt (Only the Germany text is authentic) (94/256/ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular the first and second paragraphs of Article 95 thereof,
After consulting the Consultative Committee and with the unanimous assent of the Council,
Whereas:
I The Community steel industry is currently experiencing its most difficult period since the first half of the 1980s. This is due to the general slowdown in the economy, which has had significant effect on industrial activities in general, and on the steel industry in particular, leading to a serious imbalance between supply and demand, accompanied by a collapse in prices. In addition, the international market generally has been weak: there is pressure from imports and there has been a trade dispute with the United States of America affecting substantial Community exports to that market. All of these factors have combined to aggravate the financial situation of almost all steel companies in the Community.
II In November 1993, Company notified the Commission of a plan to restructure and partly privatize the steel company EKO Stahl AG, Eisenhuettenstadt.
This company, situated in the Land of Brandenburg, in the territory of the former German Democratic Republic (hereinafter referred to as 'the former GDR'), had been founded after the Second World War as a 'Kombinat' under the socialist economic system then prevailing in that territory. After German unification in 1990, it became a public company (Aktiengesellschaft). The only shareholder is the Treunhandanstalt (hereinafter referred to as 'the THA'), a public entity acting as a holding company for the former State-held companies of the former GDR.
The restructuring plan submitted on 4 November 1993 and revised on 12 November 1993 provides for a change of corporate form of EKO Stahl from a public company into a private limited company (Gesellschaft mit beschraenkter Haftung) and the purchase of 60 % of the shares by the Italian Riva group. The purchaser will be under contractual obligation to take over the remaining shares on the basis of the earning capacity value in April to June 1999 on demand of the THA.
The decision to sell the majority of shares to Riva was taken after a general and unconditional bidding procedure which has been closed in October 1993. After an in-depth examination of the three bids received, the THA concluded that the Riva group had made the best offer. Germany submitted the comparison ofthe offers prepared by the THA and some additional information concerning the evaluation of the different proposals.
The restructuring concept envisages the modernization of the existing pig iron, crude steel, cold-rolling and re-treatment facilities without changing their current capacities and the installation of a new hot-wide-strip mill with a capacity of 900 kt/y tgo close the existing technological gap in the production flow which has been covered so far by expensive hire-rolling elsewhere. The existing installation for cutting hot wide coils into narrow strips will be closed.
The investments intended amount to DM 280 million for the pig iron facilities, DM 150 million for the crude steel facilities, DM 400 million for the hot-rolling facilities. Riva would cover DM 450 million of the total investment, the THA would cover DM 350 million and DM 300 million would be covered by investment aid under general regional aid schemes.
The THA would contribute DM 163 million to cover losses until privatization. To cover future losses until the completion of the restructuring, the THA accepted a negative purchase price of DM 180 million, which will be paid to Riva and immediately injected into the equity of the new private limited company, and a capital injection of DM 120 million. Riva would contribute DM 30 million to cover losses during the restructuring phase.
The plan envisages employment reductions of some 1 600 persons from 3 500 in 1993 to 1 900 in 1996, i.e. a reduction of 45,7 %. The total employment reduction since end of 1989 (11 510 workers) amounts to 9 610 workers, i.e. a reduction of 83,5 %.
In addition, Germany notified the Commission of the intention of the Riva group to close down of its hot-rolling facilities in the territory of the former GDR, a medium-section mill with a capacity of 320 kt/y belonging to HES Hennigsdorfer Elektrostahlwerke GmbH (Hennigsdorf/Brandenburg).
The Commission, in its assessment of the restructuring concept identified total aid of DM 813 million involved that is incompatible with the ECSC Treaty and Commission Decision No 3855/91/ECSC (1) (Steel Aid Code, hereinafter referred to as 'the SAC'). DM 300 million of aid may be deemed compatible with the orderly functioning of the common market under the third indent of Article 5 of the SAC, which allows investment aid under general regional aid schemes to be granted to steel undertakings in the territory of the former GDR, provided the aid is accompanied by a reduction in the overall capacity in that territory. This aid will be dealt with separately.
III The restructuring concept drafted by the purchaser and the THA is designed to achieve viability of EKO Stahl by the end of 1997. In addition, the present plan is based on the willingness of a private investor, experienced in the steel sector, to risk a considerable amount of private capital. An independent consultant, charged by the Commission in cooperation with Germany to evaluate the prospects of EKO Stahl, has clearly stated, that the company could reach long-term viability only by the creation of hot-rolling capacities. The investor, chosen after an open and unconditional bidding procedure, has demonstrated his willingness to assume the risk for the company's future viability without further aid than that covered by the restructuring concept.
IV The extremely difficult Community steel market situation has endangered the sector in several Member States, including Germany. The aim providing EKO Stahl with a sound and economically viable structure contributes towards the achievement of the objectives of the ECSC Treaty, in particular Articles 2 and 3. The Commission considers that the public financial assistance measures proposed by Germany are necessary to achieve these aims. The Commission therefore finds itself faced with a situation not specifically provided for in the Treaty. In these exceptional circumstances recourse must be had to the first paragraph of Article 95 of the Treaty, so as to enable the Community to pursue the objectives set out in the initial Articles thereof.
At the same time, however, is is essential to ensure that the aid approved is limited to what is absolutely necessary and that it does not adversely affect trading conditions within the Community to an extent contrary to the common interest, particularly given the current difficulties on the Community steel market. It is therefore important that there should be adequate counterpart measures, commensurate with the amount of aid being exceptionally approved, so that a major contribution is made to the structural adjustment required in the sector.
V The proposed restructuring plan provides for the creation of a new hot-wide-strip mill with a capacity of 900 kt/y while no reduction of hot-rolled finished products at EKO Stahl itself is possible. The new hot-rolling facilities are considered to be necessary for the long-term viability of the company because the existing gap in the production flow causes an uneconomic competitive disadvantage.
However, it should be taken into account that the conditions applied during the steel restructuring round in the Community during the first half of the 1980s and in favour of the Spanish and Portuguese steel industry after the accession of those countries to the Community did allow for global territorial capacity reductions as counterpart for the aid proposed.
Considering both that, compared to the steel industry in both the Community of 10 and that of Spain and Portugal, the steel sector in the former GDR was, due to the structural shortcomings of the planned economy system at its entry into the Community, in a particularly uncompetitive situation and the first-time-character of the restructuring of the steel industry in the five new German Laender, it is equitable to allow for a similar accounting of global territorial capacity reduction in this case.
Including the increase in hot-rolling capacity of 900 kg/y in Eisenhuettenstadt as part of the proposed restructuring plan, the committed capacity reduction to be carried out in Henningsdorf and taking into account the overall capacity reductions in the former GDR necessary to balance regional aid under Article 5 of the SAC for steel undertakings in the territory of the former GDR and aid in favour of Saechsische Edelstahlwerke GmbH, Freital/Sachsen, the remaining capacity reduction available to balance aid in favour of EKO Stahl on the basis of the aforementioned considerations amounts to 462 kt/y.
This net global capacity reduction in hot-rolled finished products constitutes a reasonable contributing to reduce the distortive effect of the aid involved. However, in order to ensure than the capacity creation would have the minimum possible impact on the depressed steel market in the Community, it is necessary to impose a number of conditions. The production of the new mill is to be built up to reach its capacity of 900 kt/y only after three years, starting in 1994. The capacity of the new mill shall be retained at 900 kt/y for a period of at least five years following the date of the last closuree, or, if this will be later, the last payment of investment aid under the present plan. It shall be limited significantly below two m t/y for a further five-year period. During the first five-year period the hot-rolled coils produced by the new mill shall be used exclusively for further processing in the company's cold-rolling facilities.
It is essential that the global closure offered by Germany is definitive and irreversible so that the capacity concerned no longer depresses the Community steel market. The closed installations must therefore be scrapped or sold for use outside Europe.
VI It is not only necessary to ensure during the whole restructuring period that the aid approved enables the company to return to viability by the end of 199, the aid must also be kept to the amount strictly necessary. In that context, it must also be ensured that the company does not as a result of the financial restructuring measures, obtain an unfair advantage over other companies in the sector by being provided at the outset with net financial charges below 3,5 % of annual turnover, which is the current average for Community steel companies. It is also appropriate to require that the company or its legal successor is not allowed to claim or be granted tax reduction or relief on past losses covered by aid. Furthermore, any additional loans must be on normal commercial conditions and no preferential treatment accorded to any fresh public debts incurred. Investment aid shall be granted only up to the real individual investments costs necessary to carry out the restructuring plan as it has been submitted to the Commission. If the investment costs are lower than initially estimated, the investment aid must be lowered accordingly.
VII The implementation of this Decision requires strict monitoring by the Commission during the whole restructuring period and up until the end of 1998.
In order to carry out this monitoring effectively, the Commission will require the full and close collaboration of Germany, on whom clear and strict reporting obligations will be imposed.
In particular, the following elements will require close attention:
- compliance with the obligation to those hot-rolling capacity in Hennigsdorf,
- compliance with the obligations concerning the capacity limitations of the new hot-rolling facilities of EKO Stahl and the use of the products produced at these installations,
- progress towards viability,
- the granting of aid under the present restructuring plan and the source, terms and conditions of any further financing,
- the investments carried out,
- reductions in the workforce,
- production and the effects on the market,
- financial performance.
The Commission will submit six-monthly reports to the Council to keep it informed of developments.
It is also necessary to ensure that the aid is not used for the purpose of unfair competition practices. In addition the Commission may require on-the-spot checks made in accordance with Article 47 of the ECSC Treaty, in order to verify the information provided and in particular compliance with the conditions attached to the authorization of the aid. In that context, should a Member State make a complaint to the Commission that State aid is enabling the company to underprice, the Commission will initiate an investigation under Article 60 of the ECSC Treaty in particular.
Furthermore, should the Commission, on the basis of the information provided, find that the conditions laid down in its decision pursuant to Article 95 had not been met, it may require the suspension of payments of aid or the recovery of aid already paid. In the event of a Member State's failing to comply with such decision, Article 88 of the ECSC Treaty shall apply.
The Commission may decide that all reports should be on a quarterly basis. It may also decide to mandate an independent consultant, selected with the agreement of Germany, to assist it in its monitoring task.
The Commission will, by exercising all its powers, ensure that the aided company fulfils the conditions of this Decision, including the necessary progress towards viability and its other obligations resulting from the application of the ECSC Treaty. Should the monitoring reports indicate substantial deviations from the financial data on which the viability assessment has been made, the Commission may require appropriate measures to be taken to reinforce the restructuring measures.
VIII A decision under Article 95 of the ECSC Treaty to authorize State aid is extraordinary in character given the provisions of Article 4 (c). In view of all the above, the Commission can exceptionally authorize the aid proposed in this case subject to observance of the conditions and requirements it lays down. However, the aid involved, which is intended to restore the company to viability by the end of 1997, should be regarded as final. Should a return to viability not be achieved by that date, Germany shall not request any further derogation under Article 95 for the company,
HAS ADOPTED THIS DECISION:
Article 1
1. The following maximum amounts of aid which Germany plants to grant to EKO Stahl AG/GmbH may be regarded as compatible with the orderly functioning of the common market provided that the conditions and requirements of Articles 2 to 6 are met:
- compensation of losses accumulated since 1 July 1990 until the privatization of the company of DM 163 million,
- compensation of future losses during the restructuring phase until the end of 1996 of DM 300 million,
- investment aid of DM 350 million.
2. Germany shall ensure that the total aid granted under Article 95 of the ECSC Treaty and Decision No 3855/91/ECSC for the total EKO Stahl restructuring plan under no circumstances exceed an overall intensity of 70 % and that the investment aid is being closely allocated to the individual investment costs.
3. The new owner of EKO Stahl shall not receive any supplementary aid support (but social aid under Decision No 3855/91/ECSC in connection with the related closure of its production facilities at Hennigsdorf.
4. The aid has been calculated to enable the company to return to viability by the end of 1997. In the case that such viability is not attained by that date, Germany shall not request any further derogation under Article 95 of the ECSC Treaty for this company.
5. The aid shall not be used for the purpose of unfair competition practices.
6. Without prejudice to the aid measures referred to in this Article under the restructuring plan, any loans to the company must be on normal commercial terms; and the beneficiary company must not receive debt holidays or friendly treatment of debts to the State.
Article 2
1. The new hot-wide-strip mill that is to be purchased by the new company shall be of a production capacity as close as possible to the maximum capacity of 900 000 t/y hot-wide-strip.
Germany shall demonstrate to the Commission, before the new mill is acquired, that the new company has fulfilled the aforementioned condition after due consideration is given to the availability on the market of such installations, second has as well as new.
If the mill agreed by the Commission were to have a technological capacity exceeding 900 000 t/y, a technological bottleneck shall be imposed on the new hot-wide-strip mill to limit its capacity to 900 000 t/y.
2. The production at the new hot-wide-strip mill is to be built up to reach its capacity of 900 kt/y only after three years, starting in 1994.
The capacity limitation will be retained throughout a period of five years following the date of the last closure, or the last payment of aid to investment under the present plan, whichever is the later.
Upon the expiry of the aforementioned five-year period another five-year period will start to run, during which the production capacity for hot-wide strip at EKO Stahl shall be limited significantly below two million t/y.
During the first five-year period of capacity limitation Germany shall ensure that the hot-rolled steel capacity to be established at EKO Stahl will be utilized by the present and future owners exclusively for further processing in EKO Stahl's cold-rolling facilities.
3. Germany shall ensure that the aid approved under this Decision is not used to increase the present steel production capacity of EKO Stahl beyond the planned installation of a hot-wide-strip mill bottlenecked at 900 kt/y. There shall be no increase in capacity remaining under the aided restructuring plan, other than resulting from productivity improvements, for a period of five years starting from the date of the last closure, or the last payment of aid to investment under the present concept, whichever is the later.
Article 3
1. The following definitive closures of production capacity shall be carried out:
- the medium-section-strip mill No 450 of HES Hennigsdorfer Elektrostahlwerke GmbH, Hennigsdorf/Brandenburg, with a capacity of 320 kg/y shall be closed down by 30 June 1994 at the latest. The closure must be definitive and irreversible,
- the definitive and irreversable reduction in hot-rolling capacity in the former German Democratic Republic between 1 July 1990 and 31 December 1996, including the capacity closure in Hennigsdorf, shall amount to 2 057 kt/y, including closures needed to balance derogations under Article 5 of Decision No 3855/91/ECSC and aid approved for Saechsische Edelstahlwerke GmbH, Freital/Sachsen under Article 95 of the ECSC Treaty, not taking into account the new capacity provided for under the restructuring plan for EKO Stahl.
2. The finality of the closures shall be ensured either by the demolition of the installations concerned or by their disposal by sale outside Europe.
Article 4
The approval of aid as outlined in Article 1 is in addition subject to the following conditions:
1. the level of net financial charges of the new EKO Stahl GmbH will be set at least at 3,5 % of annual turnover, at the date of its privatization;
2. the company or its legal successor will not claim or be granted tax reduction or relief on the basis of past losses accumulated until privatization and of future losses when these are being covered by State aid;
3. the beneficiary company shall carry out all the restructuring measures laid down in the restructuring plan as it has been submitted to the Commission, in accordance with the timetable contained therein.
Article 5
1. Germany shall cooperate fully with the following arrangements for monitoring this Decision:
(a) Germany shall supply the Commission twice a year, and not later than 15 March and 15 September respectively, with reports containing full information in accordance with the enclosed Annex, on the beneficiary company and its restructuring. The first report should reach the Commission by 15 March 1994 and the last report by 15 September 1998, unless the Commission decides otherwise;
(b) the reports shall contain full information necessary for the Commission to monitor the restructuring process, the creation and use of capacity and show sufficient financial data to allow the Commission to asses whether its conditions and requirements are fulfilled. The reports shall at least contain full information in accordance with the Annex, which the Commission reserves the right to modify in line with its experiences during the monitoring process. It is up to Germany to oblige the beneficiary company to disclose all relevant data which may, under other circumstances, be considered as confidential.
2. The Commission shall, on the basis of the reports, draw up half-yearly reports which shall be submitted to the Council not later than 1 May and 1 November respectively, in order to allow discussion in the Council, if appropriate. If the beneficiary company envisages investments creating or extending capacity the Commission shall inform the Council on the basis of a report presenting the financing arrangements and demonstrating the absence of State aid.
Article 6
1. The Commission may at any time decide that the reports referred to in Article 5 (1) shall be on a quarterly basis if it deems such necessary to fulfil its monitoring tasks. The Commission may at any time decide to mandate an independent consultant, selected with the agreement of Germany, to evaluate the monitoring results, to undertake any research necessary and to report to the Council.
2. The Commission may have any necessary checks made in the aided company in accordance with Article 47 of the ECSC Treaty in order to verify the accuracy of the information givenin the reports referred to in Article 5 (1) and in particular compliance with the conditions laid down in this Decision. In the case that a Member State makes a complaint that State aid is enabling the aided company to under-price, the Commission will initiate an investigation pursuant to Article 60 of the ECSC Treaty in particular.
3. In assessing the reports referred to in Article 5 (1), the Commission will ensure that the requirements of Article 1 (6), in particular, are being respected.
Article 7
1. Without prejudice to any penalties it may impose by virtue of the ECSC Treaty, the Commission may require the suspension of payments of aid or the recovery of aid already paid if, on the basis of the information received, at any time it were to find that the conditions laid down in this Decision had not been met. If Germany were to fail to fulfil its obligations under any such decision, Article 88 of the ECSC Treaty shall apply.
2. Moreover, if the Commission establishes, on the basis of the reports referred to in Article 5 (1), that substantial deviations from the financial data, on which the viability assessment has been made, have occured, it may require Germany to take appropriate measures to reinforce the restructuring measures of the aided company.
Article 8
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 12 April 1994. | [
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Commission Decision
of 16 May 2001
accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain aluminium foil originating in the People's Republic of China and Russia
(notified under document number C(2001) 1446)
(2001/381/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1) (the " basic Regulation"), as last amended by Regulation (EC) No 2238/2000(2), and in particular Articles 8 and 9 thereof,
After consulting the Advisory Committee,
Whereas:
A. PROCEDURE
(1) On 18 February 2000, the Commission announced by a notice published in the Official Journal of the European Communities(3) the initiation of an anti-dumping proceeding with regard to imports into the Community of certain aluminium foil originating in the People's Republic of China ("the PRC") and Russia.
(2) Given the need to further examine certain aspects of dumping as well as the impact on the Community industry of the imports concerned, no provisional anti-dumping measures were imposed, additional information was requested and the investigation was continued.
(3) The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No 950/2001(4) imposing definitive anti-dumping duties on imports of certain aluminium foil originating in the PRC and Russia.
B. UNDERTAKING
(4) The sole exporting producer in Russia and its related companies involved in the production, trade and importation into the Community of the product concerned offered an undertaking. According to this undertaking, these companies have offered to sell the product concerned to their unrelated customers in the Community at a minimum price.
(5) The Commission considers that the undertaking offered by the Russian company, Joint Stock Company "United Company Siberian Aluminium", Studencheskaya Street, 33/4, Moscow, Russia, and its related companies, namely the production company Sayan Foil, Sayanagorsk, Russia, the export sales company Rual Trade Limited, Suites 7B & 8B, 50 Town Range, Gibraltar and the importing company Sibirsky Aluminium GmbH, Graf-Adolf-Platz 1-2, D-40213, Düsseldorf, can be accepted since it eliminates the injurious effects of dumping. Moreover, the regular and detailed reports which these companies undertook to provide to the Commission and the structure of their sales of the product concerned will allow effective monitoring such that the Commission considers that the risk of circumvention of the undertaking will be limited.
(6) In order to ensure the effective respect and monitoring of the undertaking, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from the duty should be conditional upon presentation of a commercial invoice containing the information listed in the Annex to Regulation (EC) No 950/2001 which is necessary for customs to ascertain that shipments correspond to the commercial documents at the required level of detail. Where no such invoice is presented, or when it does not correspond to the product concerned presented to customs, the appropriate rate of anti-dumping duty should instead be payable.
(7) In the event of a suspected breach, breach or withdrawal of the undertaking an anti-dumping duty may be imposed, pursuant to Article 8(9) and (10) of the basic Regulation,
HAS ADOPTED THIS DECISION:
Article 1
The undertaking offered by Joint Stock Company "United Company Siberian Aluminium", Studencheskaya Street, 33/4, Moscow, Russia, Sayan Foil, Sayanagorsk, Russia, Rual Trade Limited, Suites 7B & 8B, 50 Town Range, Gibraltar, and Sibirsky Aluminium GmbH, Graf-Adolf-Platz 1-2, D-40213, Düsseldorf, in the framework of the anti-dumping proceedings concerning imports of certain aluminium foil originating in the PRC and Russia is hereby accepted.
Article 2
This Decision shall enter into force the day after its publication in the Official Journal of the European Communities.
This Decision shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 May 2001. | [
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COMMISSION REGULATION (EC) No 1238/2005
of 28 July 2005
amending Regulation (EC) No 85/2004 laying down the marketing standard for apples
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular Article 2(2) thereof,
Whereas:
(1)
Commission Regulation (EC) No 85/2004 (2) provides, inter alia, for a reduction in the minimum size from 1 August 2005 identical to the size laid down in United Nations Economic Commission for Europe (UN/ECE) standard FFV-50.
(2)
The inclusion of a ripeness criterion based on sugar content in UN/ECE standard FFV-50 has been proposed in the UN/ECE working party on agricultural quality standards.
(3)
As the minimum size is also a ripeness criterion, the possibility of incorporating these two ripeness criteria to the greatest extent possible into the marketing standard for apples should be studied.
(4)
Since this study must be conducted over at least three marketing years, application of the size reduction should be postponed to 1 June 2008 and the transitional provisions on sizing extended to 31 May 2008.
(5)
Steps should be taken however to protect the legitimate expectations of operators who have concluded contracts on the basis of the presumption of the application from 1 August 2005 of new standards providing for a reduction in size.
(6)
For the sake of clarity, it should be laid down that when a trade name is used to sell a product, the name of the variety or its synonym should also be mentioned.
(7)
A number of errors have arisen in the list of varieties in the Annex to the marketing standard.
(8)
Regulation (EC) No 85/2004 should therefore be amended accordingly.
(9)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 85/2004 is hereby amended as follows:
1.
In the first sentence of Article 2, ‘31 July 2005’ is replaced by ‘31 May 2008’.
2.
In the second paragraph of Article 4, ‘1 August 2005’ is replaced by ‘1 June 2008’.
3.
The Annex is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 August 2005.
However, operators who, to the satisfaction of the Member States’ authorities, concluded before 1 August 2005 contracts on the basis of the second and third paragraphs of point III of the Annex to Regulation (EC) No 85/2004, may market the apples covered by those contracts in accordance with the provisions of those paragraphs.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 July 2005. | [
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COMMISSION DECISION
of 12 March 1982
approving the plan for the accelerated eradication of classical swine fever presented by the Kingdom of the Netherlands
(Only the Dutch text is authentic)
(82/194/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 80/1095/EEC of 11 November 1980 laying down conditions designed to render and keep the territory of the Community free from classical swine fever (1), and in particular Article 3 thereof,
Having regard to Council Decision 80/1096/EEC of 11 November 1980 introducing Community financial measures for the eradication of classical swine fever (2), and in particular Article 5 thereof,
Whereas, by letter dated 8 December 1981, the Kingdom of the Netherlands has communicated to the Commission a plan for the accelerated eradication of classical swine fever;
Whereas the plan has been examined and found to comply with Council Directive 80/217/EEC of 22 January 1980 introducing Community measures for the control of classical swine fever (3) and with Directive 80/1095/EEC and the conditions for financial participation by the Community are therefore met;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee; whereas the EAGGF Committee has been consulted,
HAS ADOPTED THIS DECISION:
Article 1
The plan for the accelerated eradication of classical swine fever presented by the Netherlands is hereby approved.
Article 2
The Netherlands shall bring into force with effect from 1 March 1982 the necessary laws, regulations and administrative provisions for implementing the plan referred to in Article 1.
Article 3
This Decision is addressed to the Kingdom of the Netherlands.
Done at Brussels, 12 March 1982. | [
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COMMISSION DIRECTIVE
of 6 December 1991
adapting to technical progress Council Directive 74/297/EEC in respect of the behaviour of the steering wheel and column in an impact
(91/662/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 74/297/EEC of 4 June 1974 on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (the behaviour of the steering mechanism in the event of an impact) (1), and in particular Article 5 thereof,
Whereas, in view of experience gained and of the state of the art, it is now appropriate, in the case of a frontal impact, to improve protection offered to the driver by controlling the behaviour of the sterring wheel and mechanism which is the aim of Directive 74/297/EEC, by aligning it with the latest developments in the relevant Regulation of the United Nations Economic Commission for Europe and by the introduction of some further improvements;
Whereas, in view of experience gained from accidents indicating that the steering wheel should be soft to protect the driver's face from serious injury, further modifications to this Directive should be introduced for this purpose; whereas, as several proposals for a test method are available, the Commission should bring forward a further proposal to the Committee for Adaptation to Technical Progress by 31 December 1991;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee for the Adaptation to Technical Progress of the Directives on Motor Vehicles,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Annexes to Directive 74/297/EEC are hereby amended in accordance with the Annexes to this Directive.
Article 2
1. With effect from 1 October 1992 no Member State may
(a) - refuse, in respect of a type of vehicle, to grant EC type-approval, or to issue the copy of the certificate provided for in the last indent of Article 10 (1) of Council Directive 70/156/EEC (2), or to grant national type-approval, or
- prohibit the entry into service of vehicles,
on grounds relating to their steering mechanism if this has been approved in accordance with Directive 74/297/EEC as amended by this Directive;
(b)
- refuse to grant EC type-approval in respect of a type of steering control intended for installation in a vehicle or vehicles, or
- prohibit the placing on the market of steering controls intended for installation in a vehicle or vehicles
if the said steering control complies with the requirements of Directive 74/297/EEC as amended by this Directive.
2. With effect from 1 October 1996, in respect of motor vehicles of category M1 which are not forward control, Member States:
- shall no longer issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC, and
- may refuse to grant national type-approval
on grounds relating to the steering mechanism if this does not comply with the requirements of Directive 74/297/EEC as amended by this Directive.
3. With effect from 1 October 1995, in respect of forward-control motor vehicles of category M1 and all N1 motor vehicles with a permissible maximum mass not exceeding 1 500 kilograms, Member States:
- shall no longer issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC, and
- may refuse to grant national type-approval
on grounds relating to the steering mechanism if this does not comply with the requirements of Directive 74/297/EEC as amended by this Directive.
4. With effect from 1 October 1996, in respect of types of steering control, Member States:
- shall no longer issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC, and
- may refuse to grant national type-approval
on grounds relating to steering controls if these steering controls do not comply with the requirements of paragraphs 5.2, 5.3 and 5.4 of Annex I to Directive 74/297/EEC as amended by this Directive.
5. With effect from 1 October 1996 Member States may prohibit the first entry into service of vehicles in which the steering mechanisms do not comply with the requirements of Directive 74/297/EEC, as amended by this Directive.
However, this shall not apply until 1 October 1997:
- to a forward-control vehicle of category M1, or
- to a vehicle of category N1 with a maximum permissible mass not exceeding 1 500 kilograms, or
- in the case of a vehicle of category M1 other than a forward-control vehicle, with respect to the requirements laid down in paragraph 5.1 of Annex I (maximum vertical displacement of the steering column).
6. With effect from 1 October 1995 Member States may prohibit the placing on the market of steering controls intended for the installation in a vehicle or vehicles if these steering controls do not comply with the requirements laid down in paragraphs 5.2, 5.3 and 5.4 of Annex I to Directive 74/297/EEC, as amended by this Directive.
Article 3
1. Member States shall bring into force the legislative, regulatory and administrative provisions necessary in order to comply with this Directive before 1 October 1992 and shall forthwith inform the Commission thereof.
When the Member States adopt these provisions these shall contain a reference to this Directive or shall be accompanied by such a reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. Member States shall ensure that the terms of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 6 December 1991. | [
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COMMISSION REGULATION (EC) No 370/2005
of 3 March 2005
fixing the maximum export refund on common wheat in connection with the invitation to tender issued in Regulation (EC) No 115/2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,
Whereas:
(1)
An invitation to tender for the refund for the export of common wheat to certain third countries was opened pursuant to Commission Regulation (EC) No 115/2005 (2).
(2)
In accordance with Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), the Commission may, on the basis of the tenders notified, decide to fix a maximum export refund taking account of the criteria referred to in Article 1 of Regulation (EC) No 1501/95. In that case a contract is awarded to any tenderer whose bid is equal to or lower than the maximum refund.
(3)
The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum export refund being fixed.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For tenders notified on 25 February to 3 March 2005, pursuant to the invitation to tender issued in Regulation (EC) No 115/2005, the maximum refund on exportation of common wheat shall be 10,00 EUR/t.
Article 2
This Regulation shall enter into force on 4 March 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 March 2005. | [
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COMMISSION REGULATION (EEC) No 2507/93 of 13 September 1993 amending Regulation (EEC) No 1995/92 laying down detailed rules for the application, in respect of potato starch, of the import arrangements provided for in the Interim Agreement concluded between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, of the other part
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 518/92 of 27 February 1992 on certain procedures for applying the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, of the other part (1), as amended by Regulation (EEC) No 2233/93 (2), and in particular Article 1 thereof,
Whereas an Additional Protocol to the Interim Agreement was negotiated by the parties concerned and entered into force on 1 July 1993; whereas Regulation (EEC) No 2233/93 lays down that the Additional Protocol is to apply under Regulation (EEC) No 518/92;
Whereas Article 5 (3) of the Additional Protocol lays down that the quantities to be imported under Annexes VIIIa, Xb and Xc of the Interim Agreement expressed in tonnes for years 3 (1994) are to apply from 1 July 1993 until 30 June 1994; whereas, therefore, the quantities in tonnes laid down for 1995 and 1996 are to apply from 1 July 1994 to 30 June 1995 and from 1 July 1995 to 30 June 1996 respectively;
Whereas Commission Regulation (EEC) No 1995/92 of 15 July 1992 laying down detailed rules for the application, in respect of potato starch, of the import arrangements provided for in the Interim Agreement concluded between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, of the other part (3) should be amended to take account of the fact that the dates concerned have been brought forward;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EEC) No 1995/92 is hereby replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 July 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 September 1993. | [
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COMMISSION DECISION of 10 February 1998 approving the monitoring plan for the detection of residues or substances in live animals and animal products presented by the United Kingdom (Only the English text is authentic) (Text with EEA relevance) (98/152/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (1), and in particular the first and the second subparagraphs of Article 8 (1) thereof,
Whereas the United Kingdom forwarded to the Commission, in a document dated 27 June 1997, a plan specifying the national measures to be implemented during 1998 for the detection of certain substances and residues thereof in live animals and animal products; whereas that plan was amended and supplemented by a document dated 17 November 1997, in accordance with the Commission's request, bringing it into line with the requirements of Directive 96/23/EC;
Whereas examination of this plan has shown that it complies with Directive 96/23/EC, and in particular Articles 5 and 7 thereof;
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 monitoring plan for the detection of the residues and substances referred to in Annex I to Directive 96/23/EC in live animals and animal products presented by the United Kingdom is hereby approved.
Article 2
The United Kingdom shall adopt the laws, regulations and administrative provisions necessary to implement the plan referred to in Article 1.
Article 3
This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 10 February 1998. | [
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COMMISSION REGULATION (EEC) No 775/88
of 24 March 1988
correcting Regulation (EEC) No 3143/85 on the sale at reduced prices of intervention butter intended for direct consumption in the form of concentrated butter
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 744/88 (2), and in particular Article 6 (7) thereof,
Whereas Commission Regulation (EEC) No 3143/85 (3), as last amended by Regulation (EEC) No 1807/87 (4), introduces arrangements for the sale at reduced prices of intervention butter intended for direct consumption in the form of concentrated butter; whereas, as a result of the latest amendment, the second subparagraph of Article 2 (4) has been replaced; whereas, contrary to the Management Committee's intention, the result was a text without the derogation introduced by Commission Regulation (EEC) No 1325/86 (5); whereas it is accordingly necessary to correct the said Article and to reinsert therein the provision in question with retroactive effect as from the date of entry into force of Regulation (EEC) No 1807/87;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
The following third subparagraph is hereby inserted in Article 2 (4) of Regulation (EEC) No 3143/85:
'However, following agreement by the agency responsible, all of the concentrated butter may be packaged for marketing in an establishment other than that stated in the contract of sale.'
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 30 June 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 March 1988. | [
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Commission Regulation (EC) No 2733/2000
of 14 December 2000
amending Regulation (EC) No 2342/1999 laying down detailed rules for the application of premium schemes in the beef and veal sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), as amended by Commission Regulation (EC) No 907/2000(2), and in particular Article 4(8), Article 6(4), Article 11(5) und Article 20 thereof,
Whereas:
(1) Article 41 of Commission Regulation (EC) No 2342/1999 of 28 October 1999 laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 on the common organisation of the market in beef and veal as regards premium schemes(3), as last amended by Regulation (EC) No 1900/2000(4), and repealing Regulation (EEC) No 3886/92(5), as last amended by Regulation (EC) No 1410/1999(6), lays down rules on the payment of advances. In view of the difficult situation on the beef and veal market resulting from a sharp fall in demand, linked in particular to the disaffection of anxious consumers and the increase in the number of cases of bovine spongiform encephalopathy, an increase in the advance on the special premium, the suckler cow premium, the slaughter premium and the additional payments should be authorised.
(2) In view of the way the situation is developing, this Regulation should enter into force immediately.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Commitee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 41(1) of Regulation (EC) No 2342/1999, the following last subparagraph is added:
"However, as regards the 2000 calendar year, an advance equal to 80 % of the special premium, the suckler cow premium, the slaughter premium and the additional payments may be paid."
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, 14 December 2000. | [
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Commission Directive 2000/51/EC
of 26 July 2000
amending Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption(1), as amended by European Parliament and Council Directive 94/34/EC(2), and in particular Article 3(3)(a) thereof,
After consulting the Scientific Committee on Food,
Whereas:
(1) European Parliament and Council Directive 94/35/EC of 30 June 1994 on sweeteners for use in foodstuffs(3), as amended by Directive 96/83/EC(4), lists those substances which may be used as sweeteners in foodstuffs.
(2) Commission Directive 95/31/EC of 5 July 1995 laying down specific criteria of purity concerning sweeteners for use in foodstuffs(5), as amended by Directive 98/66/EC(6), sets out the purity criteria for the sweeteners mentioned in Directive 94/35/EC.
(3) It is necessary, in the light of technical progress, to amend the purity criteria set out in Directive 95/31/EC for mannitol (E 421) and maltitol syrup (E 965(ii)). It is consequently necessary to adapt that Directive.
(4) It is necessary to take into account the specifications and analytical techniques for sweeteners as set out in the Codex Alimentarius by the Joint FAO/WHO Expert Committee on Food Additives (JECFA).
(5) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs,
HAS ADOPTED THIS DIRECTIVE:
Article 1
In the Annex to Directive 95/31/EC, the text concerning (E 421) mannitol and (E 965 (ii)) maltitol syrup shall be replaced by the text in the Annex to this Directive.
Article 2
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2001 at the latest. They shall forthwith inform the Commission thereof.
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 twentieth day following its publication in Official Journal of the European Communities.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 26 July 2000. | [
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COMMISSION DECISION
of 10 May 1990
laying down the zootechnical certificates for pure-bred breeding sheep and goats, their semen, ova and embryos
(90/258/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 89/361/EEC of 30 May 1989 concerning pure-bred breeding of sheep and goats (1), and in particular Article 6 thereof,
Whereas Article 6 of Directive 89/361/EEC provides that the Commission is to determine, in accordance with the procedures laid down in Article 8, the zootechnical certificate that may be required by the Member States for the marketing of pure-bred breeding sheep and goats, their semen, ova and embryos;
Whereas it is necessary to determine the data to be included in the zootechnical certificate; whereas, for practical reasons, a specimen certificate and the conditions in which data may be entered in documents accompanying pure-bred breeding sheep and goats, their semen, ova and embryos should be laid down;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Zootechnics,
HAS ADOPTED THIS DECISION:
Article 1
1. The following particulars shall be provided in the zootechnical certificate for pure-bred breeding sheep and goats:
-
issuing body,
-
name of flock-book,
-
entry number in flock-book,
-
date of issue,
-
system of identification,
-
identification,
-
date of birth,
-
breed,
-
sex,
-
name and address of breeder
-
name and address of owner,
-
pedigree:
Father
Flock-book No
Mother
Flock-book No
Grandfather
Flock-book No
Grandfather
Flock-book No
Grandmother
Flock-book No
Grandmother
Flock-book No
2. The results of performance tests and the updated results, with origin, of the assessment of genetic value, on the animal itself and its parents and grandparents shall be mentioned in the certificate it they have been carried out in accordance with Commission Decision 90/256/EEC (2).
Article 2
The particulars referred to in Article 1 may be indicated:
1.
in a certificate corresponding to the specimen in Annex I;
2.
in documents accompanying the pure-bred breeding sheep or goats, in which case the competent authority shall certify that the particulars specified in Article 1 are contained in the documents by the following formula:
‘The undersigned certifies that these documents contain the particulars mentioned in Article 1 of Commission Decision 90/258/EEC’
Article 3
The following particulars shall be mentioned in the zootechnical certificate for semen of pure-bred breeding sheep and goats:
-
all the data specified in Article 1 concerning the donor ram or billygoat and, in the case of dairy breeds, his blood group or the results of a test giving equivalent scientific guarantees,
-
information allowing identification of the semen, the date of its collection and the names and addresses of the semen collection centre and of the consignee.
Article 4
The particulars referred to in Article 3 may be indicated:
1.
in a certificate corresponding to the specimen in Annexd II;
2.
in documents accompanying the semen of the purebred breeding sheep or goat, in which case the competent authority shall certify that the particulars specified in Article 3 are contained in the documents by the following formula:
‘The undersigned certifies that these documents contain the particulars mentioned in Article 3 of Commission Decision 90/258/EEC.’
Article 5
1. The following particulars shall be mentioned in the zootechnical certificate for ova of pure-bred breeding sheep and goats:
-
all the data specified in Article 1 concerning the donor ewe and nannygoat,
-
information allowing identification of the ovum, the date of its collection and the names and addresses of the ovum collection centre and of the consignee.
2. Where there is more than one ovum in a straw, this must be clearly stated and all the ova must have the same parentage.
Article 6
The particulars referred to in Article 5 may be indicated:
1.
in a certificate corresponding to the specimen in Annex III;
2.
in documents accompanying the ova of the pure-bred breeding sheep or goat, in which case the competent authority shall certify that the particulars specified in Article 5 are contained in the document, by the following formula:
‘The undersigned certifies that these documents contain the particulars mentioned in Article 5 of Commission Decision 90/258/EEC.’
Article 7
1. The following particulars shall be mentioned in the zootechnical certificate for embryos of pure-bred breeding sheep and goats:
-
all the data specified in Article 1 concerning the donor ewe or nannygoat, and all the data specified in the first indent of Article 3 concerning the donor ram and billygoat,
-
information allowing identification of the embryos, date of insemination or fertilization, date of collection and the names and addresses of the embryo collection centre and of the consignee.
2. Where there is more than one embryo in a straw, this must be clearly stated and all the embryos must have the same parentage.
Article 8
The particulars referred to in Article 7 may be indicated:
1.
in a certificate corresponding to the specimen in Annex IV;
2.
in documents accompanying the embryos of the purebred breeding sheep or goat, in which case the competent authority shall certify that the particulars specified in Article 7 are contained in the documents by the following formula:
‘The undersigned certifies that these documents contain the particulars mentioned in Article 7 of Commission Decision 90/258/EEC’
Article 9
This Decision is addressed to the Member States.
Done at Brussels, 10 May 1990. | [
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COMMISSION REGULATION (EC) No 2268/98 of 21 October 1998 amending for the 17th time Regulation (EC) No 913/97 adopting exceptional support measures for the pigmeat market in Spain
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), as last amended by Regulation (EC) No 3290/94 (2), and in particular Article 20 thereof,
Whereas, because of the outbreak of classical swine fever in certain production regions in Spain, the Commission adopted Regulation (EC) No 913/97 (3), as last amended by Regulation (EC) No 2141/98 (4), to introduce exceptional support measures for the pigmeat market in that Member State;
Whereas, because the veterinary and trade restrictions continue to apply, the number of piglets which may be delivered to the competent authorities should be increased so that the exceptional measures can continue from 2 October 1998;
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
Annex I to Regulation (EC) No 913/97 is replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 2 October 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 October 1998. | [
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COMMISSION REGULATION (EC) No 1567/2004
of 31 August 2004
amending Council Regulation (EC) No 1727/2003 concerning certain restrictive measures in respect of the Democratic Republic of Congo
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1727/2003 of 29 September 2003 concerning certain restrictive measures in respect of the Democratic Republic of Congo (1), and in particular Article 4 thereof,
Whereas:
(1)
The Annex to Regulation (EC) No 1727/2003 lists the competent authorities to which specific functions related to the implementation of that Regulation are attributed.
(2)
On 1 May 2004, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia acceded to the European Union. The Act of Accession does not make provision for amendment of that Annex.
(3)
The competent authorities of the new Member States should, therefore, be included as from 1 May 2004 in that Annex,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 1727/2003 is hereby amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 May 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 August 2004. | [
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*****
COUNCIL REGULATION (EEC) No 163/87
of 19 January 1987
fixing, for 1987, the quota applicable to imports into Portugal of maize starch to Portugal for maize starch coming from the Community as constituted on 31 December 1985
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 234 (2) thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to Article 269 of the Act of Accession, the Portuguese Republic may, during the first stage, maintain quantitative restrictions in the form of quotas on imports of maize starch coming from the Community as constituted on 31 December 1985;
Whereas Council Regulation (EEC) No 498/86 of 25 February 1986 fixing, for 1986, the initial quota applicable to Portugal for maize starch coming from the Community as constituted at 31 December 1985 (1), fixed the initial quota at 400 tonnes; whereas, pursuant to Article 269 (2) (c), this quantity should be increased by 10 % for 1987,
HAS ADOPTED THIS REGULATION:
Article 1
The volume of the quota for 1987 which the Portuguese Republic may, pursuant to Article 269 of the Act of Accession, apply to imports of maize starch coming from the Community as constituted on 31 December 1985 is hereby fixed at 440 tonnes.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 January 1987. | [
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COMMISSION REGULATION (EC) No 2160/2005
of 23 December 2005
altering the export refunds on white sugar and raw sugar exported in the natural state fixed by Regulation (EC) No 1918/2005
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 third subparagraph of Article 27(5) thereof,
Whereas:
(1)
The export refunds on white sugar and raw sugar exported in the natural state were fixed by Commission Regulation (EC) No 2131/2005 (2).
(2)
Since the data currently available to the Commission are different to the data at the time Regulation (EC) No 2131/2005 was adopted, those refunds should be adjusted,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, as fixed in the Annex to Regulation (EC) No 2131/2005 are hereby altered to the amounts shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 24 December 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 December 2005. | [
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Commission Regulation (EC) No 844/2001
of 30 April 2001
fixing the export refunds on syrups and certain other sugar products exported in the natural state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 1527/2000(2), and in particular the second subparagraph of Article 18(5) thereof,
Whereas:
(1) Article 18 of Regulation (EC) No 2038/1999 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(d) of that Regulation and prices for those products within the Community may be covered by an export refund.
(2) Article 3 of Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector(3), provides that the export refund on 100 kilograms of the products listed in Article 1(1)(d) of Regulation (EC) No 2038/1999 is equal to the basic amount multiplied by the sucrose content, including, where appropriate, other sugars expressed as sucrose; the sucrose content of the product in question is determined in accordance with Article 3 of Commission Regulation (EC) No 2135/95.
(3) Article 21(3) of Regulation (EC) No 2038/1999 provides that the basic amount of the refund on sorbose exported in the natural state must be equal to the basic amount of the refund less one-hundredth of the production refund applicable, pursuant to Council Regulation (EEC) No 1010/86 of 25 March 1986 laying down general rules for the production refund on sugar used in the chemical industry(4), as last amended by Commission Regulation (EC) No 1888/2000(5), to the products listed in the Annex to the last mentioned Regulation;
(4) According to the terms of Article 21(1) of Regulation (EC) No 2038/1999, the basic amount of the refund on the other products listed in Article 1(1)(d) of the said Regulation exported in the natural state must be equal to one-hundredth of an amount which takes account, on the one hand, of the difference between the intervention price for white sugar for the Community areas without deficit for the month for which the basic amount is fixed and quotations or prices for white sugar on the world market and, on the other, of the need to establish a balance between the use of Community basic products in the manufacture of processed goods for export to third countries and the use of third country products brought in under inward processing arrangements.
(5) According to the terms of Article 21(4) of Regulation (EC) No 2038/1999, the application of the basic amount may be limited to some of the products listed in Article 1(1)(d) of the said Regulation.
(6) Article 18 of Regulation (EC) No 2038/1999 makes provision for setting refunds for export in the natural state of products referred to in Article 1(1)(f) and (g) and (h) of that Regulation; the refund must be fixed per 100 kilograms of dry matter, taking account of the export refund for products falling within CN code 1702 30 91 and for products referred to in Article 1(1)(d) of Regulation (EC) No 2038/1999 and of the economic aspects of the intended exports; in the case of the products referred to in the said Article (1)(f) and (g), the refund is to be granted only for products complying with the conditions in Article 5 of Regulation (EC) No 2135/95; for the products referred to in Article 1(1)(h), the refund shall be granted only for products complying with the conditions in Article 6 of Regulation (EC) No 2135/95.
(7) The refunds referred to above must be fixed every month; they may be altered in the intervening period.
(8) Application of these quotas results in fixing refunds for the products in question at the levels given in the Annex to this Regulation.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(1)(d)(f)(g) and (h) of Regulation (EC) No 2038/1999, exported in the natural state, shall be set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 1 May 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 April 2001. | [
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COMMISSION REGULATION (EEC) No 2293/90
of 26 July 1990
on the application of Decision N° 2/90 of the EEC-Iceland Joint Committee supplementing and amending Annex III to Protocol N° 3 concerning the definition of the concept of 'originating products` and methods of administrative cooperation
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the Council Regulation (EEC) N° 2840/89 of 18 September 1989 on the implementation of
Decision N° 1/89 of the EEC-Iceland Joint Committee amending Protocol N° 3 concerning the definition of the concept of originating products and methods of administrative cooperation and establishing provisions for the implementation of the Joint Declaration annexed to Decision N° 1/88 of the EEC-Iceland Joint Committee (1),
and in particular Article 2 thereof,
Whereas the Agreement between the European Economic Community and the Republic of Iceland was signed on 22 July 1972 and entered into force on 1 April 1973 (2);
Whereas Protocol N° 3 concerning the definition of
the concept of 'originating products` and methods of administrative cooperation (3) (hereafter referred to as Protocol N° 3) forms an integral part of the said Agreement;
Whereas, by virtue of Article 28 of Protocol N° 3, the Joint Committee has adopted Decision N° 2/90 supplementing and amending Protocol N° 3;
Whereas it is necessary to apply this Decision in the Community;
Whereas the provisions of this Regulation are in accordance with the opinion of the Committee on Origin,
HAS ADOPTED THIS REGULATION:
Article 1
Decision N° 2/90 of the EEC-Iceland Joint Committee shall apply in the Community. The text of the Decision is attached to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 1990. | [
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Commission Regulation (EC) No 1225/2003
of 9 July 2003
initiating a "new exporter" review of Council Regulation (EC) No 1600/1999 imposing definitive anti-dumping duties on imports of stainless steel wires with a diameter of 1 mm or more originating in India, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96(1) of 22 December 1995 on protection against dumped imports from countries not members of the European Community (the basic Regulation), as last amended by Regulation (EC) No 1972/2002(2), and in particular Article 11(3) and (4),
After consulting the Advisory Committee,
Whereas:
A. REQUEST FOR A REVIEW
(1) The Commission has received an application for a "new exporter" review pursuant to Article 11(4) of the basic Regulation. The application was lodged by VSL Wires Limited (the applicant), an exporting producer in India (the country concerned).
B. PRODUCT
(2) The product under review is stainless steel wire with a diameter of 1 mm or more, containing by weight 2,5 % or more of nickel, excluding wire containing by weight 28 % or more but no more than 31 % of nickel and 20 % or more but no more than 22 % of chromium originating in India (the product concerned), currently classifiable within CN code ex 7223 00 19. This CN code is given only for information.
C. EXISTING MEASURES
(3) The measures currently in force are definitive anti-dumping duties imposed by Council Regulation (EC) No 1600/1999(3) under which imports into the Community of the product concerned originating in India, and produced by the applicant, are subject to definitive anti-dumping duties of 55,6 %, with the exception of several companies specifically mentioned which are subject to individual duty rates.
D. GROUNDS FOR THE REVIEW
(4) The applicant alleges that it did not export the product concerned to the Community during the period of investigation on which the anti-dumping measures were based, i.e. the period from 1 April 1997 to 31 March 1998 (the original investigation period).
The applicant further alleges that it has begun exporting the product concerned to the Community after the end of the investigation period, and that it is not related to any of the exporting producers of the product concerned, which are subject to the abovementioned anti-dumping measures.
E. PROCEDURE
(5) Community producers known to be concerned have been informed of the above application and have been given an opportunity to comment. No comments have been received.
Having examined the evidence available, the Commission concludes that there is sufficient evidence to justify the initiation of a "new exporter" review, pursuant to Article 11(4) of the basic Regulation, with a view to determine the applicant's individual margin of dumping and, should dumping be found, the level of the duty to which their imports of the product concerned into the Community should be subject.
(a) Questionnaires
In order to obtain the information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant.
(b) Collection of information and holding of hearings
All interested parties are hereby invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing showing that there are particular reasons why they should be heard.
F. REPEAL OF THE DUTY IN FORCE AND REGISTRATION OF IMPORTS
(6) Pursuant to Article 11(4) of the basic Regulation, the anti-dumping duties in force should be repealed with regard to imports of the product concerned which are produced and sold for export to the Community by the applicant. At the same time, such imports should be made subject to registration in accordance with Article 14(5) of the basic Regulation, in order to ensure that, should the review result in a finding of dumping in respect of the applicant, anti-dumping duties can be levied retroactively from the date of the initiation of this review. The amount of the applicant's possible future liabilities cannot be estimated at this stage of the proceeding.
G. TIME LIMITS
(7) In the interest of sound administration, time limits should be stated within which:
- interested parties may make themselves known to the Commission, present their views in writing and submit the replies to the questionnaire mentioned in recital 5(a) of this Regulation or any other information to be taken into account during the investigation,
- interested parties may make a written request to be heard by the Commission.
H. NON-COOPERATION
(8) In cases in which any interested party refuses access to or otherwise does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available,
Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available,
HAS ADOPTED THIS REGULATION:
Article 1
A review of Regulation (EC) No 1600/1999 is hereby initiated pursuant to Article 11(4) of Regulation (EC) No 384/96 in order to determine if, and to what extent, the imports of stainless steel wire with a diameter of 1 mm or more, containing by weight 2,5 % or more of nickel, excluding wire containing by weight 28 % or more but no more than 31 % of nickel and 20 % or more but no more than 22 % of chromium falling within CN code ex 7223 00 19 (TARIC code 7223 00 19 90 ) originating in India, produced and sold for export to the Community by VSL Wires Limited (TARIC additional code A 444) should be subject to the anti-dumping duties imposed by Council Regulation (EC) No 1600/1999.
Article 2
The anti-dumping duties imposed by Regulation (EC) No 1600/1999 are hereby repealed with regard to the imports identified in Article 1 of the present Regulation.
Article 3
The customs authorities are hereby directed, pursuant to Article 14(5) of Regulation (EC) No 384/96, to take the appropriate steps to register the imports identified in Article 1 of this Regulation. Registration shall expire nine months following the date of entry into force of this Regulation.
Article 4
Interested parties, if their representations are to be taken into account during the investigation, must make themselves known to the Commission, present their views in writing and submit the replies to the questionnaire mentioned in recital 5(a) of this Regulation or any other information, unless otherwise specified, within 40 days of the entry into force of this Regulation. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.
Interested parties may also apply in writing to be heard by the Commission within the same 40-day time limit.
All submissions and request made by interested parties must be made in writing (not in electronic format, unless otherwise specified), and must indicate the name, address, e-mail address, telephone and fax, and/or telex number of the interested party.
Any information relating to the matter, any request for a hearing should be sent to the following address: European Commission Directorate-General for Trade
Directorate B
Office: J-79 05/16 B - 1049 Brussels Fax (32 2) 295 65 05 Telex COMEU B 21877.
Article 5
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 July 2003. | [
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Commission Regulation (EC) No 56/2002
of 11 January 2002
fixing the maximum export refund on wholly milled long grain rice in connection with the invitation to tender issued in Regulation (EC) No 2010/2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Regulation (EC) No 1987/2001(2), and in particular Article 13(3) thereof,
Whereas:
(1) An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 2010/2001(3).
(2) Article 5 of Commission Regulation (EEC) No 584/75(4), as last amended by Regulation (EC) No 299/95(5), allows the Commission to fix, in accordance with the procedure laid down in Article 22 of Regulation (EC) No 3072/95 and on the basis of the tenders submitted, a maximum export refund. In fixing this maximum, the criteria provided for in Article 13 of Regulation (EC) No 3072/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum export refund.
(3) The application of the abovementioned criteria to the current market situation for the rice in question results in the maximum export refund being fixed at the amount specified in Article 1.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The maximum export refund on wholly milled long grain rice to be exported to certain third countries pursuant to the invitation to tender issued in Regulation (EC) No 2010/2001 is hereby fixed on the basis of the tenders submitted from 4 to 10 January 2002 at 300,00 EUR/t.
Article 2
This Regulation shall enter into force on 12 January 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 January 2002. | [
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COUNCIL DECISION of 29 April 1991 concerning the conclusion of a Protocol extending the first stage of the Agreement establishing an association between the European Economic Community and Malta (91/246/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 238 thereof,
Having regard to the recommendation from the Commission,
Having regard to the assent of the European Parliament (1),
Whereas the Protocol extending the first stage of the Agreement establishing an association between the European Economic Community and Malta (2), signed at Valletta on 5 December 1970, should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Protocol extending the first stage of the Agreement establishing an association between the European Economic Community and Malta is hereby approved on behalf of the Community.
The text of the Protocol is attached to this Decision.
Article 2
The President of the Council shall give, on behalf of the Community, the notification provided for in Article 2 of the Protocol (3). Done at Luxembourg, 29 April 1991. | [
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COMMISSION DECISION
of 6 November 2008
amending Decision 2004/452/EC laying down a list of bodies whose researchers may access confidential data for scientific purposes
(notified under document number C(2008) 6431)
(Text with EEA relevance)
(2008/876/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 322/97 of 17 February 1997 on Community statistics (1), and in particular Article 20(1) thereof,
Whereas:
(1)
Commission Regulation (EC) No 831/2002 of 17 May 2002 implementing Council Regulation (EC) No 322/97 on Community statistics, concerning access to confidential data for scientific purposes (2) establishes, for the purpose of enabling statistical conclusions to be drawn for scientific purposes, the conditions under which access to confidential data transmitted to the Community authority may be granted and the rules of cooperation between the Community and national authorities in order to facilitate such access.
(2)
Commission Decision 2004/452/EC (3) has laid down a list of bodies whose researchers may access confidential data for scientific purposes.
(3)
Duke University (DUKE), North Carolina, USA has to be regarded as a body fulfilling the required conditions and should therefore be added to the list of agencies, organisations and institutions referred to in Article 3(1)(e) of Regulation (EC) No 831/2002.
(4)
The measures provided for in this Decision are in accordance with the opinion of the Committee on Statistical Confidentiality,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 2004/452/EC is replaced by the text set out in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 6 November 2008. | [
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COMMISSION REGULATION (EC) No 2227/94 of 13 September 1994 re-establishing the levying of customs duties on certain textile products originating in India, Pakistan, Indonesia, Belarus and China, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3832/90 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3832/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of textile products originating in developing countries (1), extended for 1994 by Regulation (EC) No 3668/93 (2), and in particular Article 12 thereof,
Whereas Article 10 of Regulation (EEC) No 3832/90 provides that preferential tariff treatment shall be accorded from 1 July to 31 December 1994 for each category of products subjected in Annexes I and II thereto to individual ceilings within the limits of the quantities specified in column 8 of its Annex I and column 7 of Annex II, in respect of certain or each of the countries or territories of origin referred to in column 5 of the same Annexes;
Whereas Article 11 of the abovementioned Regulation provides that the levying of customs duties may be re-established at any time in respect of imports of the products in question once the relevant individual ceilings heve been reached at Community level;
Whereas, in respect of products of the order Nos and origins indicated in the table below, the relevant ceilings were fixed at the levels indicated in that table; whereas that ceiling was reached on the date indicated below, by charges of the imports into the Community of the products in question;
40.0060 Pakistan 875 000 pieces 31. 7. 40.0080 India 958 500 pieces 28. 7. 40.0360 Indonesia 29 tonnes 27. 7. 40.0360 China 6 tonnes 27. 7. 40.0390 Pakistan 50,5 tonnes 10. 8. 40.0390 India 50,5 tonnes 27. 7. 40.0760 Pakistan 84,5 tonnes 31. 7. 40.0780 India 79,5 tonnes 27. 7. 40.0840 India 7,5 tonnes 27. 7. 40.0980 India 7 tonnes 27. 7. 42.1240 Belarus 1 019 tonnes 27. 7.
Whereas it is appropriate to re-establish the levying of customs duties for the products in question,
HAS ADOPTED THIS REGULATION:
Article 1
As from 18 September 1994, the levying of customs duties, suspended from 1 July to 31 December 1994, pursuant to Regulation (EEC) No 3832/90, shall be re-established on imports into the Community of the products indicated in the table below:
40.0060 6 6203 41 10 Men's or boys' woven breeches, shorts (other than swimwear) and trousers (including slacks), women's or girls' woven trousers and slacks, of wool, of cotton or of man-made fibres; lower parts of tracksuits with lining, other than of category 16 or 29, of cotton or of man-made fibres Pakistan 6203 41 6203 42 6203 42 6203 42 6203 42 6203 43 6203 43 6203 49 6203 49 6204 61 6204 62 6204 62 6204 62 6204 63 6204 69 6211 32 6211 33 6211 42 6211 43 40.0080 8 6205 10 00 Men's or boys' shirts, other than knitted or crocheted, of wool, cotton or man-made fibres India 6205 20 6205 30 40.0360 36 5408 10 00 Woven fabrics of continuous artificial fibres, other than those for tyres of category 114 Indonesia 5408 21 00 China 5408 22 5408 22 5408 23 5408 23 5408 24 5408 31 5408 32 5408 33 5408 34 ex 5811 00 ex 5905 00 40.0390 39 6302 51 10 Table linen, toilet and kitchen linen, other than knitted or crocheted, other than of terry towelling or similar terry fabrics of cotton Pakistan 6302 51 90 India 6302 53 ex 6302 51 6302 91 6302 91 6302 93 ex 6302 99 40.0760 76 6203 22 10 Men's or boys' industrial or occupational clothing, other than knitted or crocheted; women's or girls' aprons, smock-overalls and other industrial or occupational clothing, other than knitted or crocheted Pakistan 6203 23 6203 29 6203 32 6203 33 6203 39 6203 42 6203 42 6203 43 6203 43 6203 49 6203 49 6204 22 6204 23 6204 29 6204 32 6204 33 6204 39 6204 62 6204 62 6204 63 6204 63 6204 69 6204 69 6211 32 6211 33 6211 42 6211 43 40.0780 78 6203 41 30 Garments, other than knitted or crocheted excluding garments of categories 6, 7, 8, 14, 15, 16, 17, 18, 21, 26, 27, 29, 68, 72, 76 and 77 India 6203 42 6203 43 6203 49 6204 61 6204 61 6204 62 6204 62 6204 63 6204 63 6204 69 6204 69 6210 40 6210 50 6211 31 6211 32 6211 33 6211 41 6211 42 6211 43 40.0840 84 6214 20 00 Shawls, scarves, mufflers, mantillas, veils and the like other than knitted or crocheted, of wool, of cotton or man-made fibres India 6214 30 6214 40 6214 90 40.0980 98 5609 00 00 Other articles made from yarn, twine, cordage, rope or cables, other than textile fabrics, articles made from such fabrics and articles of category 97 India 5905 00 42.1240 124 5501 10 00 Synthetic staple fibres Belarus 5501 20 5501 30 5501 90 5503 10 5503 10 5503 10 5503 20 5503 30 5503 40 5503 90 5503 90 5505 10 5505 10 5505 10 5505 10 5505 10
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, 13 September 1994. | [
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Commission Decision
of 30 March 2001
laying down the conditions for the control and eradication of foot-and-mouth disease in the United Kingdom in application of Article 13 of Directive 85/511/EEC
(notified under document number C(2001) 1041)
(Text with EEA relevance)
(2001/257/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), as last amended by Directive 92/118/EEC(2), and in particular Article 10 thereof,
Having regard to Council Directive 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot-and-mouth disease(3), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 13(3) thereof,
Whereas:
(1) The control measures for foot-and-mouth disease laid down in Directive 85/511/EEC are aimed at eradicating the disease as quickly as possible by stamping out of infected, contaminated or in-contact herds, applying strict movement controls on animals of susceptible species and products derived from such animals and surveillance in the affected area to substantiate prior to lifting the control measures the absence of virus circulation.
(2) However, in Article 13(3) of Directive 85/511/EEC provisions are made for emergency vaccination where the disease expands.
(3) The principles provided for in this Article require to balance the decision on resorting to vaccination against basic Community interests which must not be endangered.
(4) Following the reports of outbreaks of foot-and-mouth disease in the United Kingdom, France, the Netherlands and Ireland, the Commission adopted Decisions 2001/172/EC(4), 2001/208/EC(5), 2001/223/EC(6) and 2001/234/EC(7) concerning certain protection measures with regard to foot-and-mouth disease in the respective Member State.
(5) In addition to the measures within the framework of Directive 85/511/EEC, the United Kingdom apply the pre-emptive killing of susceptible animals in holdings situated in close proximity to infected or suspect holdings, taking into account the epidemiological situation, the high density of susceptible animals in certain parts of the territory and the poor expression of clinical signs in certain susceptible species.
(6) Killing of animals for disease reasons must be carried out in accordance with Council Directive 93/119/EEC of 22 December 1993 on the protection of animals at the time of slaughter or killing(8).
(7) Large scale killing of animals of infected or contaminated holdings may quickly exhaust the capacities for safe destruction of carcasses and thereby unavoidably delay the pre-emptive killing and this may lead to the amplification and spread of the virus.
(8) The competent authorities of the United Kingdom have presented to the Commission a programme to employ protective vaccination in bovine animals under certain clearly defined conditions as an additional instrument to control and eradicate foot-and-mouth disease in connection with the pre-emptive killing of animals of other susceptible species in defined densely populated livestock areas.
(9) In its report of 10 March 1999 the Scientific Committee on Animal Health and Animal Welfare made recommendations on the strategy for emergency vaccination against foot-and-mouth disease, which must be taken into account(9).
(10) Recourse to any kind of vaccination will inevitably jeopardise the foot-and-mouth disease status in terms of international trade not only for the Member State or part of its territory where vaccination is carried out.
(11) The Commission prior to taking a Decision on emergency vaccination must ensure that the measures to be taken include at least those provided for in Article 13(3) first to sixth indent of Directive 85/511/EEC.
(12) It is the purpose of this Decision to define the conditions under which the United Kingdom may apply emergency vaccination and to outline the follow-up measures applicable to vaccinated animals and products derived from such animals.
(13) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
For the purpose of this Decision the following definitions shall apply:
1. "Pre-emptive killing" shall mean the killing of susceptible animals on holdings within a certain radius around holdings placed under the restrictions laid down in Articles 4 or 5 of Directive 85/511/EEC.
It is aimed at the urgent reduction of numbers of animals of susceptible species in an infected area.
2. "Protective vaccination" shall mean emergency vaccination of bovine animals in identified holdings situated in a defined area, the "vaccination zone", which is carried out exclusively in conjunction with pre-emptive killing of certain categories of sheep and other animals of susceptible species as defined in paragraph 1.
It is aimed at an urgent reduction of the amount of virus circulating and the risk of virus spreading beyond the perimeters of the area, and is subjected to the condition that such vaccinated animals are not subject to pre-emptive killing.
Article 2
1. Without prejudice to Directive 85/511/EEC, and in particular Articles 4, 5 and 9 thereof, and without prejudice to Decision 2001/172/EC, the United Kingdom may decide on resorting to protective vaccination under the conditions set out in Annex I.
2. Before commencing the measures referred to in paragraph 1, the United Kingdom shall ensure that the Member States and the Commission are officially and fully informed on the details concerning the geographical and administrative definition of the vaccination zone, the number of holdings affected, the time when vaccination will be started and accomplished, and of the circumstances motivating the decision to implement the measures.
Subsequently the United Kingdom shall ensure that the information submitted in accordance with the first subparagraph is completed and updated without undue delay, in particular with regard to the details concerning the number of holdings and animals affected, and the modifications of the restrictions applied in the areas concerned.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 30 March 2001. | [
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COMMISSION REGULATION (EEC) No 2399/92 of 14 August 1992 modifying Regulation (EEC) No 3872/91 fixing, for the 1992 fishing year, the annual import quotas for the products subject to the rules for the application by Spain of quantitative restrictions on fishery products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 360/86 of 17 February 1986 laying down rules for the application by Spain and Portugal of quantitative restrictions on fishery products (1), as amended by Regulation (EEC) No 4064/86 (2), and in particular
Article 2
thereof,
Whereas Article 2 (3) of Regulation (EEC) No 360/86 provides for the possibility of revising during the course of the year the quantity of the quotas, as well as their quarterly instalments, as laid down in Commission Regulation (EEC) No 3872/91 (3);
Whereas Spain has made a request for an increase of 10 000 tonnes in the quota level for frozen fillets of hake of the genus Merluccius spp., for the 1992 fishing year; whereas it is therefore necessary to modify the quota level in question as well as the quarterly instalment;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery products,
HAS ADOPTED THIS REGULATION:
Article 1
In the table of the Annex to Regulation (EEC) No 3872/91 the figures for frozen fillets of hake of the genus Merluccius spp., falling within CN code 0304 20 57, are hereby replaced by the following:
'Annual quota of import Quarterly instalments 1 2 3 4 28 000 4 500 4 500 8 500 10 500'
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, 14 August 1992. | [
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Commission Regulation (EC) No 2531/2000
of 17 November 2000
prohibiting fishing for cod by vessels flying the flag of Portugal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), as last amended by Regulation (EC) No 2846/98(2), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 2742/1999 of 17 December 1999 fixing for 2000 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required and amending Regulation (EC) No 66/98(3), as last amended by Commission Regulation (EC) No 1902/2000(4), lays down quotas for cod for 2000.
(2) In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.
(3) According to the information received by the Commission, catches of cod in the waters of ICES divisions I and II (Norwegian waters) by vessels flying the flag of Portugal or registered in Portugal have exhausted the quota allocated for 2000. Portugal has prohibited fishing for this stock from 2 November 2000. This date should be adopted in this Regulation also,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of cod in the waters of ICES divisions I and II (Norwegian waters) by vessels flying the flag of Portugal or registered in Portugal are hereby deemed to have exhausted the quota allocated to Portugal for 2000.
Fishing for cod in the waters of ICES divisions I and II (Norwegian waters) by vessels flying the flag of Portugal or registered in Portugal 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 2 November 2000.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 November 2000. | [
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COMMISSION REGULATION (EC) No 422/2007
of 18 April 2007
fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular Article 5(4) thereof,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (2), and in particular Article 5(4) thereof,
Having regard to Council Regulation (EEC) No 2783/75 of 29 October 1975 on the common system of trade for ovalbumin and lactalbumin (3), and in particular Article 3(4) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1484/95 (4), fixes detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.
(2)
It results from regular monitoring of the information providing the basis for the verification of the import prices in the poultrymeat and egg sectors and for egg albumin that the representative prices for imports of certain products should be amended taking into account variations of prices according to origin. Therefore, representative prices should be published.
(3)
It is necessary to apply this amendment as soon as possible, given the situation on the market.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 1484/95 is hereby replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on 19 April 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 April 2007. | [
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Commission Regulation (EC) No 2337/2002
of 23 December 2002
amending Regulation (EC) No 1555/96 on rules of application for additional import duties on fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables(1), as last amended by Regulation (EC) No 1881/2002(2), and in particular Article 33(4) thereof,
Whereas:
(1) Commission Regulation (EC) No 1555/96(3), as last amended by Regulation (EC) No 1949/2002(4), provides for surveillance of imports of the products listed in the Annex thereto. That surveillance is to be carried out in accordance with the rules on the surveillance of preferential imports laid down in Article 308d of Commission Regulation (EEC) No 2454/93(5), as last amended by Regulation (EC) No 444/2002(6).
(2) For the purposes of Article 5(4) of the Agreement on Agriculture concluded during the Uruguay Round of multilateral trade negotiations and in the light of the latest data available for 1999, 2000 and 2001, the trigger levels for additional duties on courgettes, lemons, apples and pears should be amended.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 1555/96 is replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 December 2002. | [
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COUNCIL REGULATION (EC) No 1341/2008
of 18 December 2008
amending Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund, in respect of certain revenue-generating projects
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular the third subparagraph of Article 161 thereof,
Having regard to the proposal from the Commission,
Having regard to the assent of the European Parliament (1),
Having regard to the opinion of the European Economic and Social Committee (2),
After consulting the Committee of the Regions,
Whereas:
(1)
The regulatory framework for the 2007-2013 programming period was prepared and negotiated with the aims of consolidating the simplification of programming and management of the Funds, the effectiveness of assistance provided by them and subsidiarity in their implementation.
(2)
A more precise and more stringent approach based on the calculation of maximum eligible expenditure has been put in place for the processing of revenue-generating projects covered by Article 55 of Regulation (EC) No 1083/2006 (3).
(3)
A number of difficulties have been highlighted in connection with the application of the provisions of Article 55, including a disproportionate administrative burden, especially for operations co-financed by the European Social Fund and small operations financed by the European Regional Development Fund (ERDF) or Cohesion Fund.
(4)
These difficulties may have adverse consequences in terms of operation management, especially for projects in areas of Community priority such as the environment, social inclusion, research, innovation or energy, and in terms of the administrative burden. Article 55 should therefore be simplified.
(5)
This simplification should apply to all projects receiving assistance from the Structural Funds or Cohesion Fund during the 2007-2013 programming period. Retroactive application is therefore necessary.
(6)
Regulation (EC) No 1083/2006 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Article 55(5) of Regulation (EC) No 1083/2006 shall be replaced by the following:
‘5. Paragraphs 1 to 4 of this Article shall apply only to operations which are co-financed by the ERDF or Cohesion Fund and the total cost of which exceeds EUR 1 000 000.’
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 August 2006 to all operations receiving assistance from the Structural Funds or Cohesion Fund during the 2007-2013 programming period.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 2008. | [
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COMMISSION DIRECTIVE 1999/53/EC
of 26 May 1999
amending Annex III to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), as last amended by Commission Directive 98/2/EC(2), and in particular Article 13, second paragraph, third indent, thereof,
(1) Whereas by Commission Directive 92/76/EEC(3), as last amended by Directive 98/100/EC(4), Greece and France (Corsica) were provisionally recognised as protected zones against unknown non-European harmful organisms on fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids; whereas Italy was also provisionally recognised as a protected zone against unknown non-European harmful organisms on fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, except Citrus paradisi Macf.; whereas Commission Directive 95/40/EC(5) extended this provisional recognition only until 1 April 1996; whereas the provisions in Directive 77/93/EEC relating to the said protected zones are therefore obsolete and should be repealed for the sake of legal clarity;
(2) Whereas this amendment is in accordance with the requests of the Member States concerned;
(3) Whereas, therefore, the relevant Annex III to Directive 77/93/EEC should be amended accordingly;
(4) Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex III Part B to Directive 77/93/EEC, points 2 and 3 are deleted.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 15 July 1999. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. Member States shall immediately communicate to the Commission the main provisions of domestic law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.
Article 3
This Directive shall enter into force on the day following its publication in the Official Journal of the European Communities.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 26 May 1999. | [
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