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32003R0154 | Council Regulation (EC) No 154/2003 of 27 January 2003 amending the anti-dumping measures imposed by Regulation (EC) No 495/98 and by Regulation (EC) No 2413/95 on imports of ferro-silico-manganese originating in the People's Republic of China and Ukraine
| Council Regulation (EC) No 154/2003
of 27 January 2003
amending the anti-dumping measures imposed by Regulation (EC) No 495/98 and by Regulation (EC) No 2413/95 on imports of ferro-silico-manganese originating in the People's Republic of China and Ukraine
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1) (basic Regulation), and in particular Article 11(3) thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PROCEDURE
1. Measures in force
(1) In March 1998, the Council, by Regulation (EC) No 495/98(2), imposed definitive anti-dumping duties on imports of ferro-silico-manganese originating in the People's Republic of China (the PRC) and amended the measures in force against Ukraine pursuant to Council Regulation (EC) No 2413/95(3). The duties took the form of a specific duty.
2. Initiation
(2) On 13 June 2002, the Commission announced by a notice (Notice of Initiation) published in the Official Journal of the European Communities(4) the initiation of a partial interim review of the anti-dumping measures applicable to imports into the Community of ferro-silico-manganese originating in the PRC and Ukraine.
(3) The review was initiated on an initiative of the Commission in order to examine the appropriateness of the measures in force. The current measure, namely a duty in the form of a specific duty, does not cater for situations in which imported goods have been damaged before entry into free circulation.
3. Investigation
(4) The Commission officially advised exporting producers, the importers and the users known to be concerned and their associations, the representatives of the exporting countries concerned and the Community producers of the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the Notice of Initiation.
(5) A number of exporting producers in the countries concerned, as well as Community producers and Community importers/traders made their views known in writing. All parties who so requested within the abovementioned time limit and who demonstrated that there were particular reasons why they should be heard were granted the opportunity to be heard.
(6) The Commission sought and verified all the information it deemed necessary for the purpose of a determination of the appropriateness of the measures in force.
B. RESULTS OF THE INVESTIGATION
(7) Article 145 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(5) envisages, for the determination of the customs value, an apportioning of the price actually paid or payable in situations where goods have been damaged before entry into free circulation.
(8) In order to avoid an excessive amount of anti-dumping duty being levied, the specific duty should, in case of damaged goods, be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable. According to the well-established rules set out by the Community Customs Code, the customs value is reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.
(9) No interested party submitted any comments or arguments against this proposal.
(10) It is therefore concluded that in the absence of any substantiated argument from interested parties, in cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value, the specific duty shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable,
The following subparagraph shall be added to Article 1 of Council Regulation (EC) No 2413/95:"In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93, the amount of anti-dumping duty, calculated on the basis of the amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable."
The following paragraph shall be added to Article 1 of Council Regulation (EC) No 495/98:
"3. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93, the amount of anti-dumping duty, calculated on the basis of the amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable."
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32012D0276 | 2012/276/EU: Commission Implementing Decision of 10 May 2012 on the European Union financial contribution to national programmes of 10 Member States (Belgium, Bulgaria, Denmark, Estonia, Italy, Cyprus, Latvia, Romania, Slovenia and Finland) in 2012 for the collection, management and use of data in the fisheries sector (notified under document C(2012) 3024)
| 24.5.2012 EN Official Journal of the European Union L 134/27
COMMISSION IMPLEMENTING DECISION
of 10 May 2012
on the European Union financial contribution to national programmes of 10 Member States (Belgium, Bulgaria, Denmark, Estonia, Italy, Cyprus, Latvia, Romania, Slovenia and Finland) in 2012 for the collection, management and use of data in the fisheries sector
(notified under document C(2012) 3024)
(Only the Bulgarian, Danish, Dutch, Estonian, Finnish, French, Greek, Italian, Latvian, Romanian, Slovenian and Swedish texts are authentic)
(2012/276/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 861/2006 of 22 May 2006 establishing Community financial measures for the implementation of the common fisheries policy and in the area of the Law of the Sea (1), and in particular Article 24(1) thereof,
Whereas:
(1) Regulation (EC) No 861/2006 lays down the conditions whereby Member States may receive a contribution from the European Union for expenditure incurred in their national programmes of collection and management of data.
(2) Those programmes are to be drawn up in accordance with Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy (2) and Commission Regulation (EC) No 665/2008 of 14 July 2008 laying down detailed rules for the application of Council Regulation (EC) No 199/2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy (3).
(3) Belgium, Bulgaria, Denmark, Estonia, Italy, Cyprus, Latvia, Romania, Slovenia and Finland have submitted national programmes for 2011-2013 as provided for in Article 4(4) and (5) of Regulation (EC) No 199/2008. These programmes were approved in 2011 in accordance with Article 6(3) of Regulation (EC) No 199/2008.
(4) Those Member States have submitted annual budget forecasts for the year 2012 according to Article 2 of Commission Regulation (EC) No 1078/2008 of 3 November 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 861/2006 as regards the expenditure incurred by Member States for the collection and management of the basic fisheries data (4). The Commission has evaluated Member States’ annual budget forecasts, as laid down in Article 4 of Regulation (EC) No 1078/2008, by taking into account the approved national programmes.
(5) Article 5 of Regulation (EC) No 1078/2008 establishes that the Commission is to approve the annual budget forecast and is to decide on the annual Union financial contribution to each national programme in accordance with the procedure laid down in Article 24 of Regulation (EC) No 861/2006 and on the basis of the outcome of the evaluation of the annual budget forecasts as referred to in Article 4 of Regulation (EC) No 1078/2008.
(6) Article 24(3)(b) of Regulation (EC) No 861/2006 establishes that a Commission Decision is to fix the rate of the financial contribution. Article 16 of that Regulation provides that Union financial measures in the area of basic data collection are not to exceed 50 % of the costs incurred by Member States in carrying out the programme of collection, management and use of data in the fisheries sector.
(7) This Decision constitutes the financing decision within the meaning of Article 75(2) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5).
(8) The measures provided for in this Decision are in accordance with the opinion of the Committee for Fisheries and Aquaculture,
The maximum global amounts of the Union financial contribution to be granted to each Member State for the collection, management and use of data in the fisheries sector for 2012 and the rate of the Union financial contribution, are established in the Annex.
This Decision is addressed to the Kingdom of Belgium, the Republic of Bulgaria, the Kingdom of Denmark, the Republic of Estonia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, Romania, the Republic of Slovenia and the Republic of Finland. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 |
32003R2169 | Commission Regulation (EC) No 2169/2003 of 12 December 2003 establishing the standard import values for determining the entry price of certain fruit and vegetables
| Commission Regulation (EC) No 2169/2003
of 12 December 2003
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1947/2002(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
This Regulation shall enter into force on 13 December 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32012R0767 | Commission Regulation (EU) No 767/2012 of 17 August 2012 establishing a prohibition of fishing for Bluefin tuna in the Atlantic Ocean, east of 45° W, and Mediterranean by vessels flying the flag of Portugal
| 24.8.2012 EN Official Journal of the European Union L 229/12
COMMISSION REGULATION (EU) No 767/2012
of 17 August 2012
establishing a prohibition of fishing for Bluefin tuna in the Atlantic Ocean, east of 45° W, and Mediterranean by vessels flying the flag of Portugal
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,
Whereas:
(1) Council Regulation (EU) No 44/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available in EU waters and, to EU vessels, in certain non- EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2012.
(2) According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2012.
(3) It is therefore necessary to prohibit fishing activities for that stock,
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2012 shall be deemed to be exhausted from the date set out in that Annex.
Prohibitions
Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 |
31984D0251 | 84/251/EEC: Commission Decision of 3 May 1984 establishing that the apparatus described as 'Perkin- Elmer - Liquid Chromatograph, model Series 2/1 with spectrophotometric detector, model LC-75 and accessories' may not be imported free of Common Customs Tariff duties
| COMMISSION DECISION
of 3 May 1984
establishing that the apparatus described as 'Perkin-Elmer - Liquid Chromatograph, model Series 2/1 with spectrophotometric detector, model LC-75 and accessories' may not be imported free of Common Customs Tariff duties
(84/251/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials (1), as last amended by Regulation (EEC) No 608/82 (2),
Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Article 7 thereof,
Whereas, by letter dated 19 October 1983, Italy requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as 'Perkin-Elmer - Liquid Chromatograph, model Series 2/1 with spectrophotometric detector, model LC-75 and accessories', ordered on 5 February 1983 and intended to be used for research concerning the synthesis of new heterocyclic derivatives and new heterocycles and the assessment of their pharmacological and microbiological activity, should be considered as a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Community;
Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 11 April 1984 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question is a liquid chromatograph; whereas it does not have the requisite objective characteristics making it specifically suited to scientific research; whereas, in particular, the fast obtaining of very pure samples in sufficient quantities for the pharmacological and microbiological tests cannot confer upon it this character; whereas, moreover, apparatus of the same kind are principally used for non-scientific activities, in particular in the pharmaceutic industry; whereas its use in the case in question could not alone confer upon it the character of a scientific apparatus; whereas it therefore cannot be regarded as a scientific apparatus; whereas the duty-free admission of the apparatus in question is therefore not justifed,
The apparatus described as 'Perkin-Elmer - Liquid Chromatograph, model Series 2/1 with spectrophotometric detector, model LC-75 and accessories', which is the subject of an application by Italy of 19 October 1983, may not be imported free of Common Customs Tariff duties.
This Decision is addressed to the Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
31978R1757 | Commission Regulation (EEC) No 1757/78 of 26 July 1978 amending Regulations (EEC) No 1523/71 and (EEC) No 771/74 regarding flax and hemp
| COMMISSION REGULATION (EEC) No 1757/78 of 26 July 1978 amending Regulations (EEC) No 1523/71 and (EEC) No 771/74 regarding flax and hemp
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1308/70 of 29 June 1970 on the common organization of the market in flax and hemp (1), as last amended by Regulation (EEC) No 814/76 (2), and in particular Articles 4 (5) and 10 thereof,
Whereas Article 4 of Regulation (EEC) No 1308/70 has limited the system of aid to flax grown mainly for fibre and to hemp ; whereas Commission Regulation (EEC) No 1523/71 of 16 July 1971 on communications between Member States and the Commission on flax and hemp (3) and Commission Regulation (EEC) No 771/74 of 29 March 1974 laying down detailed rules for granting aid for flax and hemp (4) should therefore be amended accordingly;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Flax and Hemp,
Regulation (EEC) No 1523/71 is hereby amended as follows: 1. Article 1 (1) shall read:
"1. During the second month following that of the time limit fixed for declaring the areas sown for a marketing year, the area of flax grown mainly for fibre, and the area of hemp, these being the areas declared as sown."
2. In Article 1 (2) and (3), the expressions "the area of flax grown mainly for seed" and "the areas of flax grown mainly for seed" shall respectively be deleted.
3. Article 2 (b) is deleted.
Article 2 of Regulation (EEC) No 771/74 is hereby amended to read as follows:
"Article 2
For the purposes of Article 3 of Regulation (EEC) No 619/71, "flax grown mainly for fibre" means flax grown from the varieties of seed specified in the Annex hereto."
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. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32008R0544 | Commission Regulation (EC) No 544/2008 of 13 June 2008 establishing a prohibition of fishing for Greenland halibut in EC waters of IIa and IV; EC and international waters of VI by vessels flying the flag of Spain
| 17.6.2008 EN Official Journal of the European Union L 157/88
COMMISSION REGULATION (EC) No 544/2008
of 13 June 2008
establishing a prohibition of fishing for Greenland halibut in EC waters of IIa and IV; EC and international waters of VI by vessels flying the flag of Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2008.
(2) According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2008.
(3) It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2008 shall be deemed to be exhausted from the date set out in that Annex.
Prohibitions
Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 |
31985R0971 | Commission Regulation (EEC) No 971/85 of 15 April 1985 re-establishing the levying of customs duties on certain woven suits, products of category 16 (code 40.0160), originating in Pakistan, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3563/84 apply
| COMMISSION REGULATION (EEC) No 971/85
of 15 April 1985
re-establishing the levying of customs duties on certain woven suits, products of category 16 (code 40.0160), originating in Pakistan, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3563/84 apply
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3563/84 of 18 December 1984 applying generalized tariff preferences for 1985 in respect of textile products originating in developing countries (1), and in particular Article 4 thereof,
Whereas Article 2 of that Regulation provides that preferential tariff treatment shall be accorded, for each category of products subject to individual ceilings not allocated among the Member States, within the limits of the quantities specified in column 7 of its Annexes I or 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 3 of that Regulation provides that the levying of customs duties may be re-established at any time in respect of imports of the products in question once the relevant individual ceilings have been reached at Community level;
Whereas, in respect of certain woven suits, products of category 16 (code 40.0160), the relevant ceiling amounts to 5 600 pieces; whereas on 12 April 1985 imports of the products in question into the Community originating in Pakistan, a country covered by preferential tariff arrangements, reached and were charged against that ceiling;
Whereas it is appropriate to re-establish the levying of customs duties for the products in question with regard to Pakistan,
As from 19 April 1985, the levying of customs duties, suspended pursuant to Council Regulation (EEC) No 3563/84, shall be re-established in respect of the following products, imported into the Community and originating in Pakistan:
1.2.3.4.5 // // // // // // Code // Category // CCT heading No // NIMEXE code (1985) // Description // // // // // // // (1) // (2) // (3) // (4) // // // // // // 40.0160 // 16 // ex 61.01 B // // Men's and boys' outer garments: // // // // 61.01-51, 54, 57 // Men's and boys' woven suits (including coordinate suits consisting of two or three pieces, which are ordered, packed, consigned and normally sold together), of wool, of cotton or of man-made textile fibres, excluding ski suits // // // // //
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. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32006R1249 | Commission Regulation (EC) No 1249/2006 of 18 August 2006 fixing the complementary quantity of raw cane-sugar originating in the ACP States and India for supply to refineries in the period from 1 July 2006 to 30 September 2007
| 19.8.2006 EN Official Journal of the European Union L 227/22
COMMISSION REGULATION (EC) No 1249/2006
of 18 August 2006
fixing the complementary quantity of raw cane-sugar originating in the ACP States and India for supply to refineries in the period from 1 July 2006 to 30 September 2007
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph of Article 29(4) thereof,
Whereas:
(1) Article 29(4) of Regulation (EC) No 318/2006 lays down that, during the 2006/2007, 2007/2008 and 2008/2009 marketing years and in order to ensure adequate supply to Community refineries, import duties on a complementary quantity of imports of raw cane-sugar originating in the States referred to in Annex VI to that Regulation are to be suspended.
(2) That complementary quantity should be calculated in accordance with Article 19 of Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/2007, 2007/2008 and 2008/2009 marketing years for the import and refining of products of the sugar sector under certain tariff quotas and preferential agreements (2), on the basis of a Community forecast supply balance of raw sugar. For the 2006/2007 marketing year, the balance indicates the need to import a complementary quantity of raw sugar so that the Community refineries' supply needs can be met.
(3) To ensure that refineries within the Community have a sufficient supply of raw sugar to fulfil their traditional supply needs, the complementary quantity should be allocated between the third countries concerned in a way to ensure full delivery. For India, it is considered appropriate to maintain an annual quantity of 10 000 tonnes, extrapolated to 12 500 tonnes to take into account the 15-month period of the 2006/2007 marketing year. As regards the remaining supply need, a global quantity should be fixed for the ACP States, which have collectively undertaken to implement between themselves procedures for the allocation of the quantities in order to ensure the appropriate supply of the refineries.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
For the period from 1 July 2006 to 30 September 2007, the complementary quantity of raw cane-sugar for refining falling within CN code 1701 11 10, as referred to in Article 29(4) of Regulation (EC) No 318/2006, shall be:
(a) 70 000 tonnes expressed as white sugar originating in the States listed in Annex VI to Regulation (EC) No 318/2006 except India;
(b) 12 500 tonnes expressed as white sugar originating in India.
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. | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32011R1089 | Commission Implementing Regulation (EU) No 1089/2011 of 27 October 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables
| 28.10.2011 EN Official Journal of the European Union L 281/18
COMMISSION IMPLEMENTING REGULATION (EU) No 1089/2011
of 27 October 2011
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 Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
Implementing Regulation (EU) No 543/2011 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 XVI, Part A thereto,
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.
This Regulation shall enter into force on 28 October 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31999D0219 | 1999/219/EC: Commission Decision of 11 March 1999 concerning an application submitted by Ecumet (UK) Ltd for the refund of anti-dumping duties collected on certain imports of silicon metal originating in Brazil (notified under document number C(1999) 559) (Only the English and Dutch texts are authentic)
| COMMISSION DECISION of 11 March 1999 concerning an application submitted by Ecumet (UK) Ltd for the refund of anti-dumping duties collected on certain imports of silicon metal originating in Brazil (notified under document number C(1999) 559) (Only the English and Dutch texts are authentic) (1999/219/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) (hereafter referred to as 'the basic Regulation`), as last amended by Council Regulation (EC) No 905/98 (2), and in particular Article 11(8) thereof,
After consulting the Advisory Committee,
Considering the following:
A. ORIGINAL MEASURES
(1) Council Regulation (EEC) No 2305/92 (3) imposed a definitive anti-dumping duty on imports of silicon metal originating in Brazil. The specific rate of duty applied to importations of the product when produced by Companhia Brasileira Carboreto de Calcio (hereafter 'CBCC`) was set at 18,3 %.
(2) On 14 August 1996 CBCC submitted a request for an interim review (hereafter referred to as 'the review`) which was initiated on 7 January 1997 by a notice published in the Official Journal of the European Communities (4).
(3) Following the publication in February 1997 of a notice of impending expiry of the measures in force (5) and the receipt in May 1997 of a complaint lodged by the Liaison Committee of the ferro-alloy industry (hereafter referred to as 'EuroAlliages`), the Commission announced the initiation of an expiry review by a notice published in the Official Journal of the European Communities (6).
(4) Following the withdrawal by EuroAlliages of their request for an expiry review, both reviews were concluded by Commission Decision 98/164/EC (7) which terminated the proceeding and hence repealed the duty for CBCC. The above Decision concluded that there had been no dumping of the product by CBCC during the investigation period of the interim review, that is from 1 January 1996 to 31 December 1996.
B. APPLICATION FOR REFUND
(5) On 18 September 1996, 1 October 1996, 13 February 1997, 22 May 1997, 3 June 1997, 20 August 1997, 3 September 1997, 18 November 1997, 4, 15 and 22 December 1997, 20 January 1998, 9 February 1998 and 24 March 1998 Ecumet (UK) Ltd. (hereafter referred to as 'the applicant`), an independent customer of CBCC, submitted applications for the refund of NLG [. . .] (8) and GBP [. . .] (289 transactions in total) on imports of silicon metal originating in Brazil and released for free circulation in the United Kingdom and the Netherlands. The goods were sold for export to the Community by CBCC between 30 July 1995 and 23 January 1998.
(6) On 21 November 1997, the applicant partially withdrew one application in respect of 8 transactions totalling GBP [. . .].
Following this withdrawal, the total amounts for which refunds are claimed are NLG [. . .] and GBP [. . .], (281 transactions in total).
C. ARGUMENTS OF THE APPLICANT
(7) The applicant claims that the dumping margin in respect of the silicon metal exported by CBCC and released into free circulation in the Community in the period January 1996 to February 1998 was significantly lower than the applicable duty rate of 18,3 %, which he paid for his imports.
D. ADMISSIBILITY
(8) The applications are inadmissible in respect of Five transactions for an amount of NLG [. . .] and 11 transactions for GBP [. . .] of anti-dumping duties because the time-limit of six months prescribed by the basic Regulation between the determination of duties to be levied and the submission of the applications for refund was not respected with regard to those transactions.
(9) All of the applications submitted for the remaining claims of NLG [. . .] and GBP [. . .] (265 transactions in total) correspond to definitive anti-dumping duties paid and were introduced within the time limits established in Article 11(8) of the basic Regulation.
E. MERITS OF THE APPLICATIONS
1. Evidence
(10) In accordance with the relevant provisions of Article 11(8) of the basic Regulation, the applicant submitted in respect of the applications referred to in recital (9) of this Decision the necessary prima facie evidence relating to normal value and export prices showing that the duty collected exceeds the dumping margin calculated for the appropriate reference periods.
(11) In particular, the Commission sought and verified all the information it considered necessary within the framework of this investigation and of the review investigation (see below). Verification visits were also made to the premises of CBCC within the framework of the review investigation.
(12) The applications dependent on the findings of the review should be considered to be duly substantiated by evidence within the meaning of the Fourth subparagraph of Article 11(8) of the basic Regulation, which sets the time-limits for completing refund investigations, from the date on which the findings of the review were published in the Official Journal of the European Communities, that is 27 February 1998.
(13) The remaining applications which were dealt with in the framework of the refund investigation should be considered to have been duly supported by evidence from the date on which the Commission's services were in receipt of all data necessary for the investigation, that is 6 August 1998.
(14) The Commission, in pursuing this investigation, applied the same methodology as that used in the original investigation as required by Article 11(9) of the basic Regulation.
2. Reference periods
(15) The dumping margin of the exporter CBCC was calculated for the following three reference periods: from 1 July 1995 to 31 December 1995, from 1 January 1996 to 31 December 1996 and from 1 January 1997 to 31 December 1997.
3. Merits of the transactions sold for export between 1 January 1996 and 31 December 1996
The applications in respect of 105 transactions on which anti-dumping duties of NLG [. . .] and GBP [. . .] were paid relate to invoices issued within the investigation period select for the review, that is from 1 January 1996 to 31 December 1996.
The Commission considers that the information and findings of the review, which determined that there was no dumping of the product concerned by CBCC for the period 1 January 1996 to 31 December 1996, should be used to determine whether and to what extent a refund is justified for the import transactions which were invoiced by CBCC between those dates.
4. Merits of the transactions sold for export between 1 July 1995 and 31 December 1995 and between 1 January 1997 and 31 December 1997
156 transactions relate to invoices issued by CBCC between 30 July 1995 and 31 December 1995 and between 17 January 1997 and 27 December 1997 for total amounts of NLG [. . .] and GBP [. . .] of anti-dumping duties.
As the transactions in question clearly fall outside the period of investigation used for the review of the measures and thus the conclusions of the review could not be applied to those transactions, the Commission services carried out an investigation to determine whether and to what extent a refund was justified.
To that end, the dumping margin of CBCC was calculated for the periods of 1 July 1995 to 31 December 1995 and 1 January 1997 to 31 December 1997.
(a) Normal value
It was found that CBCC's domestic sales volume exceeded 5 % of its export sales to the Community, in accordance with Article 2(2) of the basic Regulation.
It was also established that the silicon metal sold on the Brazilian market was comparable to the silicon metal exported from Brazil to the Community.
In order to assess if and to what extent domestic sales were made in the ordinary course of trade, the unit value of each domestic transaction was compared with the cost of production per tonne reported by the company during the reference periods. It was found that the volume of sales made at prices equal to or above the cost of production were between 10 % and 80 % of the total domestic sales volume. Normal value was, therefore, established on the basis of the average domestic sales price of these sales only.
(b) Export prices
Export price was established by reference to the price actually paid for the silicon metal sold for export to independent buyers in the Community, in accordance with Article 2(8) of the basic Regulation.
(c) Comparison
Normal value was compared at an ex-factory level with the export price on a weighted average basis and at the same level of trade. For the purpose of ensuring a fair comparison due allowance in the form of adjustments was made for differences affecting price comparability, in accordance with Article 2(10) of the basic Regulation.
(d) Establishment of the dumping margin
The refund investigation was concluded with a finding of no dumping by CBCC of the product concerned during the relevant periods of 1 July 1995 to 31 December 1995 and 1 January 1997 to 31 December 1997.
5. Merits of the transactions sold for export in January 1998
Following the selection of the reference period of 1 January 1997 to 31 December 1997, two applications related to invoices issued by CBCC on 23 January 1998 for an amount of NLG [. . .] and one of GBP [. . .] were lodged.
The Commission considers that the finding of no dumping for the reference period of 1 January 1997 to 31 December 1997 can be reasonably applied to these transactions. In particular, the Commission considers that these transactions took place immediately after the period examined, that the amount concerned is very small in proportion to the total volume of exports to the Community by CBCC during the reference periods and to the total amount claimed by the applicant and that a stable pattern of no dumping was consistently found for the transactions made for the two and half years preceding these transactions. Furthermore it was established that the average FOB export price decreased by less than 0,25 % and the domestic transactions were found, on average, to be both profitable and at prices consistently lower than the export prices.
F. DISCLOSURE
(16) The applicant received disclosure of the essential facts and considerations on the basis of which it is intended to adopt a Commission Decision concerning the refund application in question. The applicant made no comments.
G. AMOUNT TO BE REFUNDED
(17) As the review and refund investigations established that there was no dumping for the product concerned when exported by CBCC in the three reference periods, and the Commission also considers that the finding of no dumping can be applied to the transactions invoiced in January 1998 as a result of the comparison with the rate of duty applied the applicant should be refunded NLG [. . .] and GBP [. . .],
1. The refund applications submitted by Ecumet (UK) Ltd are granted in respect of
- NLG [. . .]
and
- GBP [. . .].
2. The refund applications are rejected in respect of
- NLG [. . .]
and
- GBP [. . .].
The amounts set in Article 1(1) shall be refunded by the United Kingdom and the Kingdom of the Netherlands respectively.
This Decision is addressed to the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland and Ecumet (UK) Ltd, 6, Paddockhall Road, Haywards Heath, West Sussex, RH16 1HH, Great Britain. | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
32010R0903 | Commission Regulation (EU) No 903/2010 of 8 October 2010 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year
| 9.10.2010 EN Official Journal of the European Union L 266/58
COMMISSION REGULATION (EU) No 903/2010
of 8 October 2010
amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year
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 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
Whereas:
(1) The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2010/11 marketing year are fixed by Commission Regulation (EU) No 867/2010 (3). These prices and duties have been last amended by Commission Regulation (EU) No 873/2010 (4)
(2) The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,
The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EU) No 867/2010 for the 2010/11, marketing year, are hereby amended as set out in the Annex hereto.
This Regulation shall enter into force on 9 October 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32001R1022 | Commission Regulation (EC) No 1022/2001 of 23 May 2001 amending the rates of the refunds applicable to certain products from the milk sector exported in the form of goods not covered by Annex I to the Treaty
| Commission Regulation (EC) No 1022/2001
of 23 May 2001
amending the rates of the refunds applicable to certain products from the milk sector 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 (EC) No 1255/1999 of 17 May 1999 on the common organisation of the markets in the milk and milk products sector(1), as last amended by Regulation (EC) No 1670/2000(2), and in particular Article 31(3) thereof,
Whereas:
(1) The rates of the refunds applicable from 1 May 2001 to the products listed in the Annex, exported in the form of goods not covered by Annex I to the Treaty, were fixed by Commission Regulation (EC) No 851/2001(3).
(2) It follows from applying the rules and criteria contained in Regulation (EC) No 851/2001 to the information at present available to the Commission that the export refunds at present applicable should be altered as shown in the Annex hereto,
The rates of refund fixed by Regulation (EC) No 851/2001 are hereby altered as shown in the Annex hereto.
This Regulation shall enter into force on 24 May 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31999R0708 | Commission Regulation (EC) No 708/1999 of 31 March 1999 amending Regulation (EC) No 515/1999 on the sale, at prices fixed in advance, of beef held by certain intervention agencies, with a view to its processing in the Community
| COMMISSION REGULATION (EC) No 708/1999
of 31 March 1999
amending Regulation (EC) No 515/1999 on the sale, at prices fixed in advance, of beef held by certain intervention agencies, with a view to its processing in the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organisation of the market in beef and veal(1), as last amended by Regulation (EC) No 1633/98(2), and in particular Article 7(3) thereof,
Whereas Commission Regulation (EC) No 515/1999(3) provides for a sale of intervention stocks held by certain intervention agencies; whereas the quantities stated in that Regulation should be amended to take account of the stocks already sold;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee of Beef and Veal,
Regulation (EC) No 515/1999 is hereby amended as follows:
1. in Article 1:
(a) the second indent is replaced by the following:
"- 2500 tonnes of bone-in beef held by the German intervention agency,"
(b) the sixth indent is replaced by the following:
"- 5000 tonnes of bone in beef held by the Italian intervention agency,"
(c) the seventh indent is replaced by the following:
"- 1500 tonnes of bone-in beef held by the Spanish intervention agency,"
(d) the 12th indent is replaced by the following:
"- 10500 tonnes of deboned beef held by the United Kingdom Intervention agency,."
2. Annex I is replaced by the Annex to this Regulation.
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. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32000R1340 | Commission Regulation (EC) No 1340/2000 of 26 June 2000 establishing the forecast balance for the supply of certain vegetable oils to the Canary Islands
| Commission Regulation (EC) No 1340/2000
of 26 June 2000
establishing the forecast balance for the supply of certain vegetable oils to 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 1257/1999(2), and in particular Article 3(4) thereof,
Whereas:
(1) Pursuant to Article 2 of Regulation (EEC) No 1601/92, the forecast balance for the supply of certain vegetable oils to the Canary Islands for the 2000/2001 marketing year should be established.
(2) These balances are established on the basis of the justified requirements of consumption or the processing industry, communicated by the competent national authorities.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,
The quantities of the forecast supply balance for the Canary Islands for certain vegetable oils for the 2000/2001 marketing year which qualify for exemption from customs duties on import or which benefit from the aid for supply from the rest of the Community shall be as follows:
>TABLE>
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 2000.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32009D0337 | 2009/337/EC: Commission Decision of 20 April 2009 on the definition of the criteria for the classification of waste facilities in accordance with Annex III of Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries (notified under document number C(2009) 2856)
| 22.4.2009 EN Official Journal of the European Union L 102/7
COMMISSION DECISION
of 20 April 2009
on the definition of the criteria for the classification of waste facilities in accordance with Annex III of Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries
(notified under document number C(2009) 2856)
(2009/337/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (1), and in particular Article 22(1)(g) thereof,
Whereas:
(1) In order to ensure a common assessment of the criteria set out in Annex III to Directive 2006/21/EC, it is necessary to define a methodology and, where possible, to fix limit values, taking into account the different types of waste facilities, their behaviour in the short and long term as well as throughout their operating phase.
(2) It is appropriate from a technical point of view to exempt waste facilities containing only inert waste or unpolluted soil from the assessment of the criteria concerning the presence of dangerous substances or hazardous waste.
(3) The potential hazard posed by a waste facility may change significantly during the operational and closure phases of the facility. Therefore, it is appropriate to review the classification of the facility as necessary and at least at the end of the operational phase.
(4) In order to assess the potential for loss of life and danger for human health in cases of loss of structural integrity, or incorrect operation, of a facility, the actual permanent presence of people in the potentially affected areas should be taken into account when assessing the significance of that potential loss of life or danger for human health.
(5) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Directive 2006/12/EC of the European Parliament and of the Council (2),
1. A waste facility shall be classified under Category A in accordance with the first indent of Annex III of Directive 2006/21/EC if the predicted consequences in the short or the long term of a failure due to loss of structural integrity, or due to incorrect operation of a waste facility could lead to:
(a) non-negligible potential for loss of life;
(b) serious danger to human health;
(c) serious danger to the environment.
2. For the purpose of the classification referred to in paragraph 1, the entire life-cycle of the facility, including the after-closure phase, shall be considered in the evaluation of the hazard potential of the facility.
1. For the purpose of this Decision, structural integrity of a waste facility shall mean its ability to contain the waste within the boundaries of the facility in the manner for which it was designed.
2. The loss of structural integrity shall cover all possible failure mechanisms relevant to the structures of the waste facility concerned.
3. An evaluation of the consequences of the loss of structural integrity shall comprise the immediate impact of any material transported from the facility as a consequence of the failure and the resulting short and long term effects.
1. For the purpose of this Decision, incorrect operation of the waste facility shall mean any operation which may give rise to a major accident, including the malfunction of environmental protection measures and faulty or insufficient design.
2. An assessment of the release of contaminants resulting from incorrect operation shall comprise the effects of short-term pulses as well as of the long-term release of contaminants. That assessment shall cover the operational period of the facility and as well as the long-term period following closure. It shall include an evaluation of the potential hazards constituted by facilities containing reactive waste, regardless of the classification of the waste as hazardous or non-hazardous under Council Directive 91/689/EEC (3).
1. Member States shall assess the consequences of a failure due to loss of structural integrity or incorrect operation of a waste facility in accordance with paragraphs 2, 3 and 4.
2. The potential for loss of life or danger to human health shall be considered to be negligible or not serious if people other than workers operating the facility that might be affected are not expected to be present permanently or for prolonged periods in the potentially affected area. Injuries leading to disability or prolonged states of ill-health shall count as serious dangers to human health.
3. The potential danger for the environment shall be considered to be not serious if:
(a) the intensity of the potential contaminant source strength is decreasing significantly within a short time;
(b) the failure does not lead to any permanent or long-lasting environmental damage;
(c) the affected environment can be restored through minor clean-up and restoration efforts.
4. In establishing the potential for loss of life or danger to human health or to the environment, the specific evaluations of the extent of the potential impacts shall be considered in the context of the source-pathway-receptor chain.
Where there is no pathway between the source and the receptor, the facility concerned shall not be classified as Category A on the basis of failure due to loss of structural integrity or incorrect operation.
1. In the case of loss of structural integrity for tailings dams, human lives shall be deemed to be threatened where water or slurry levels are at least 0,7 m above ground or where water or slurry velocities exceed 0,5 m/s.
2. The assessment of the potential for loss of life and danger to human health, shall comprise at least the following factors:
(a) the size and properties of the facility including its design;
(b) the quantity and quality including physical and chemical properties of the waste in the facility;
(c) the topography of the facility site, including damping features;
(d) the travel time of a potential flood-wave to areas where people are present;
(e) the propagation velocity of the flood-wave;
(f) the predicted water or slurry level;
(g) the rising rate of water or slurry levels;
(h) any relevant, site-specific factors that may influence the potential for loss- of- life or for danger to human health.
1. In the case of waste heap slides any waste-mass in movement shall be deemed likely to threaten human lives if people are staying within range of the moving waste-mass.
2. The assessment of the potential for loss of life and danger to human health shall comprise at least the following factors:
(a) the size and properties of the facility including its design;
(b) the quantity and quality including physical and chemical properties of the waste in the facility;
(c) slope angle of heap;
(d) potential to build up internal groundwater within the heap;
(e) underground stability;
(f) topography;
(g) proximity to water courses, constructions, buildings;
(h) mine workings;
(i) any other site-specific factors that may significantly contribute to the risk posed by the structure.
1. The threshold referred to in the second indent of Annex III of Directive 2006/21/EC shall be determined, as the ratio of the weight on a dry matter basis of:
(a) all waste classified as hazardous in accordance with Directive 91/689/EEC and expected to be present in the facility at the end of the planned period of operation, and
(b) waste expected to be present in the facility at the end of the planned period of operation.
2. Where the ratio referred to in paragraph 1 exceeds 50 %, the facility shall be classified as Category A.
3. Where the ratio referred to paragraph 1 is between 5 % and 50 %, the facility shall be classified as Category A.
However, that facility may not be classified as Category A where it is justified on the basis of a site specific risk assessment, with specific focus on the effects of the hazardous waste, carried out as part of the classification based on the consequences of failure due to loss of integrity or incorrect operation, and demonstrating that the facility should not be classified as Category A on the basis of the contents of hazardous waste.
4. Where the ratio referred in paragraph 1 is less than 5 %, then the facility shall not be classified as Category A on the basis of the contents of hazardous waste.
1. Member States shall assess whether the criterion set out in the third indent of Annex III of Directive 2006/21/EC is met in accordance with the considerations set out in paragraphs 2, 3, and 4.
2. For planned tailing ponds, the following methodology shall be used:
(a) an inventory shall be carried out of the substances and preparations which are used in the processing and which are subsequently discharged with the tailings slurry to the tailings pond;
(b) for each substance and preparation, the yearly quantities used in the process shall be estimated out for each year of the planned duration of operation;
(c) for each substance and preparation, it shall be determined whether it is a dangerous substance or preparation within the meaning of Council Directive 67/548/EEC (4) and of Directive 1999/45/EC of the European Parliament and of the Council (5);
(d) for each year of planned operation, the yearly increase in stored water (ΔQi) within the tailings pond shall be calculated under steady state conditions according to the formula set out in Annex I;
(e) for each dangerous substance or preparation identified in accordance with point (c), the maximum yearly concentration (C max) in the aqueous phase shall be estimated according to the formula set out in Annex II.
If, on the basis of the estimation of the maximum yearly concentrations (C max), the aqueous phase is considered to be ‘dangerous’ within the meaning of Directives 1999/45/EC or 67/548/EEC, the facility shall be classified as a Category A facility.
3. For operating tailings ponds, the classification of the facility shall be based on the methodology set out in paragraph 2, or on direct chemical analysis of the water and solids contained in the facility. If the aqueous phase and its contents have to be considered as dangerous preparation within the meaning of Directive 1999/45/EC or 67/548/EEC, the facility shall be classified as a Category A facility.
4. For heap leaching facilities, where metals are extracted from ore heaps by percolating leach solutions, Member States shall undertake a screening for dangerous substances at closure based on an inventory of used leach chemicals and the residual concentrations of these leach chemicals in the drainage after washing has been finalised. If these leachates have to be considered as dangerous preparation within the meaning of Directives 1999/45/EC or 67/548/EEC, the facility shall be classified as a Category A facility.
Article 7 and 8 of this Decision shall not apply to waste facilities containing inert waste or unpolluted soil only.
0
A review of the classification shall be carried out by the competent authority within the meaning of Directive 2006/21/EC where the permit is substantially modified or the operational conditions have changed significantly.
That review shall be carried out at the latest at the end of the operational period of the facility.
1
This Decision is addressed to the Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 | 0 | 0.25 | 0 | 0 | 0.25 | 0.25 | 0 |
32003D0916 | 2003/916/EC: Council Decision of 22 December 2003 amending Decision 2001/131/EC concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership Agreement
| Council Decision
of 22 December 2003
amending Decision 2001/131/EC concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership Agreement
(2003/916/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to the ACP-EC Partnership Agreement(1), which entered into force on 1 April 2003, and in particular Article 96 thereof,
Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement(2), and in particular Article 3 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) On the basis of Decision 2001/131/EC(3), the provision of financial aid to Haiti is partially suspended as "appropriate measures" pursuant to Article 96(2)(c) of the ACP-EC Partnership Agreement.
(2) The Decision 2001/131/EC expires on 31 December 2003 and requires a review of the measures before this date.
(3) Democratic principles are still not upheld in Haiti. However, actions to support democratization, the strengthening of the rule of law and the electoral process deserve to be supported, and in particular in support of the mission with which the Organisation of American States was entrusted by its Resolutions No 806, No 822 and No 1959. Actions to strengthen civil society and the private sector, to fight poverty, to give humanitarian and emergency assistance and those of direct benefit to the Haitian people should be further implemented,
Decision 2001/131/EC is hereby amended as follows:
1. In the second and third paragraphs of Article 3, the date of 31 December 2003 shall be replaced by "31 December 2004";
(i) in the second subparagraph "31 December 2003" shall be replaced by "31 December 2004";
(ii) the third subparagraph shall be replaced by the following:"It shall be reviewed regularly and at least within six months."
2. The Annex shall be replaced by the text appearing in the Annex to this Decision.
This Decision shall take effect the day of its adoption.
This Decision shall be published in the Official Journal of the European Union | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
31991R3131 | Council Regulation (EEC) No 3131/91 of 21 October 1991 fixing, for the 1991/92 marketing year, the representative market price and the threshold price for olive oil, the levels of consumption aid in Spain and Portugal and the percentages of consumption aid to be retained in accordance with Article 11 (5) and (6) of Regulation No 136/66/EEC
| COUNCIL REGULATION (EEC) No 3131/91 of 21 October 1991 fixing, for the 1991/92 marketing year, the representative market price and the threshold price for olive oil, the levels of consumption aid in Spain and Portugal and the percentages of consumption aid to be retained in accordance with Article 11 (5) and (6) of Regulation No 136/66/EEC
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 Articles 89 (1) and 234 (2) thereof,
Having regard to Council Regulation 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No 1720/91 (2), and in particular the second subparagraph of
Article 4
(4) and Article 11 (6) thereof,
Having regard to the proposal from the Commission,
Whereas the representative market price must be fixed according to the criteria laid down in Article 7 of Regulation No 136/66/EEC;
Whereas the threshold price must be fixed in such a way that the selling price for the imported product at the frontier crossing point determined in accordance with Article 9 of Regulation No 136/66/EEC is the same as the representative market price, account being taken of the effect of the measures referred to in Article 11 (6) of the said Regulation;
Whereas Article 2 of Council Regulation (EEC) No 3416/90 of 27 November 1990 on the introduction of Community aid for the consumption of olive oil in Spain and Portugal (3) lays down criteria for adjusting this aid to the Community level; whereas the application of those criteria results in consumption aid in Spain and Portugal during the 1991/92 marketing year being fixed at the levels indicated in Article 2 of this Regulation;
Whereas, pursuant to Article 11 (5) and (6) of Regulation No 136/66/EEC, a certain percentage of the consumption aid during each olive oil marketing year is to be used, on the one hand, to finance the recognized trade organizations referred to in paragraph 3 of the abovementioned Article and, on the other hand, to finance measures to promote olive oil consumption in the Community; whereas the said percentages for the 1991/1992 marketing year should be fixed,
For the 1991/1992 marketing year the representative market price and the threshold price for olive oil shall be as follows:
- representative market price: ECU 197,28 per 100 kilograms,
- threshold price: ECU 194,20 per 100 kilograms.
For the 1991/92 marketing year, the levels of consumption aid for olive oil in Spain and Portugal shall be as follows:
- for Spain: ECU 45,67 per 100 kilograms,
- for Portugal: ECU 49,42 per 100 kilograms.
1. For the 1991/92 marketing year, the percentage of consumption aid referred to in Article 11 (5) of Regulation No 136/66/EEC shall be 1,4 %.
2. For the 1991/92 marketing year the percentage of consumption aid to be allocated to the measures referred to in Article 11 (6) of Regulation No 136/66/EEC shall be 1 %.
This Regulation shall enter into force on 1 November 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32003R1315 | Commission Regulation (EC) No 1315/2003 of 24 July 2003 determining the extent to which applications for import licences lodged in respect of subquota II for frozen meat of bovine animals, provided for in Regulation (EC) No 780/2003, can be accepted
| Commission Regulation (EC) No 1315/2003
of 24 July 2003
determining the extent to which applications for import licences lodged in respect of subquota II for frozen meat of bovine animals, provided for in Regulation (EC) No 780/2003, can be accepted
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 780/2003 of 7 May 2003 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 2003 to 30 June 2004)(1), and in particular Article 12(4) thereof,
Whereas:
Article 12(2) of Regulation (EC) No 780/2003 fixes at 17225 tonnes the quantity of subquota II in respect of which approved operators can lodge an application for an import licence based on imports in the period 1 to 4 July 2003. As the import licences applied for exceed the available quantity, a reduction coefficient should be fixed in accordance with Article 12(4) of Regulation (EC) No 780/2003,
Each application for an import licence lodged in accordance with Article 12(2) of Regulation (EC) No 780/2003 in the period 1 to 4 July 2003 shall be accepted at a rate of 3,8712 % of the quantities applied for.
This Regulation shall enter into force on 25 July 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 |
32009R0626 | Council Regulation (EC) No 626/2009 of 13 July 2009 concluding the partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 of the anti-dumping duty on imports of certain graphite electrode systems originating in India
| 17.7.2009 EN Official Journal of the European Union L 185/16
COUNCIL REGULATION (EC) No 626/2009
of 13 July 2009
concluding the partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 of the anti-dumping duty on imports of certain graphite electrode systems originating in India
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Articles 9 and 11(3) thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
1. EXISTING MEASURES
(1) Following an investigation (‘the original investigation’), the Council, by Regulation (EC) No 1629/2004 (2) imposed a definitive anti-dumping duty on imports of certain graphite electrode systems originating in India.
1.1. Initiation of an interim review
(2) On the request of Hindustan Electro Graphite Limited (‘HEG’ or ‘the company’), an Indian exporting producer subject to the anti-dumping measures in force, a partial interim review of the above-mentioned Regulation was initiated pursuant to Article 11(3) of the basic Regulation.
(3) This partial interim review was initiated based on prima facie evidence provided by the company that, as far as they were concerned, the circumstances on the basis of which measures were established had changed and that these changes were of a lasting nature.
(4) The request alleged that the cost of production of the product concerned had reduced due to production efficiencies since the original investigation, and that the company had been able to significantly increase their export prices. They claimed therefore that the continued imposition of measures at the existing level, which were based on the level of dumping previously established, was no longer necessary to offset dumping.
(5) Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of a partial interim review, the Commission published a notice (‘Notice of Initiation’) (3) and commenced an investigation, limited in scope to the examination of dumping.
1.2. Parties concerned by the investigation
(6) The Commission officially advised HEG, as well as the representatives of the exporting country and the Community industry, of the initiation of the review. Interested parties were given the opportunity to make their views known in writing and to request a hearing.
(7) The Commission sent a questionnaire to the applicant and received a reply within the deadlines set for that purpose. The Commission sought and verified all the information it deemed necessary for the determination of dumping and carried out a verification visit at the premises of HEG in Bhopal, India.
1.3. Review investigation period
(8) The investigation of dumping covered the period from 1 April 2007 to 31 March 2008 (‘the review investigation period’ or ‘RIP’).
2. PRODUCT CONCERNED AND LIKE PRODUCT
2.1. Product concerned
(9) The product concerned by the current review is the same as that in the original investigation, i.e. graphite electrodes of a kind used for electric furnaces, with an apparent density of 1.65 g/cm3 or more and an electrical resistance of 6.0 μΩ.m or less, falling within CN code ex 8545 11 00 and nipples used for such electrodes, falling within CN code ex 8545 90 90 whether imported together or separately, originating in India.
2.2. Like product
(10) The current review has shown that the graphite electrode systems produced by HEG and sold on the Indian domestic market are similar to those exported to the Community and therefore could be considered to be like product to the product concerned.
3. DUMPING
3.1. Normal value
(11) In accordance with Article 2(2) of the basic Regulation, the Commission first examined whether the domestic sales of the product concerned to independent customers were representative, i.e. whether the total volume of such sales was equal to or greater than 5 % of the total volume of the corresponding export sales to the Community. The domestic sales of HEG were found to be representative during the investigation period.
(12) The Commission then identified those product types sold domestically by that company which were identical or directly comparable with the types sold for export to the Community.
(13) Domestic sales of a particular product type were considered as sufficiently representative when the volume of that product type sold on the domestic market to independent customers during the investigation period represented 5 % or more of the total volume of the comparable product type sold for export to the Community.
(14) The Commission then examined whether the domestic sales of each type of graphite electrode system sold domestically in representative quantities could be considered as being made in the ordinary course of trade pursuant to Article 2(4) of the basic Regulation. This was done by establishing the proportion of profitable domestic sales to independent customers, of each exported product type, on the domestic market during the investigation period.
(15) For those domestic sales of each type of graphite electrode system sold domestically in representative quantities where the sales were over 80 % profitable by volume, normal value was therefore based on the actual domestic price of all transactions during the investigation period.
(16) For all other exported types also sold on the domestic market, where the sales were less than 80 % profitable by volume, normal value was based on the domestic sales price of the profitable transactions during the investigation period.
(17) Wherever domestic prices of a particular product type could not be used in order to establish normal value, another method had to be applied. In accordance with Article 2(3) of the basic Regulation the Commission instead calculated a constructed normal value, as follows.
(18) Normal value was constructed by adding to the exporter’s manufacturing costs of the exported types, a reasonable amount for selling, general and administrative expenses (‘SG&A expenses’) and a reasonable margin of profit.
(19) In all cases SG&A expenses and profit were established pursuant to the methods set out in Article 2(6) of the basic Regulation. To this end, the Commission examined whether the SG&A expenses incurred and the profit realised by the exporting producer on sales on the domestic market of the like product constituted reliable data and in this case determined that it was suitable to be used to construct normal value.
3.2. Export price
(20) All export sales of the product concerned by HEG were made directly to independent customers in the Community, and therefore the export price was established on the basis of the prices actually paid or payable for the product concerned in the RIP in accordance with Article 2(8) of the basic Regulation.
3.3. Comparison
(21) The comparison between the normal value and the export price was made on an ex-factory basis and at the same level of trade. In order to ensure a fair comparison, account was taken, in accordance with Article 2(10) of the basic Regulation, of differences in factors which were demonstrated to affect prices and price comparability. On this basis, allowances, where applicable and justified, were made for differences in rebates, transport costs, insurance, handling charges, packaging, credit costs and import duties.
3.4. Dumping margin
(22) As provided for under Article 2(11) of the basic Regulation, the weighted average normal value by type was compared with the weighted average export price of the corresponding type of the product concerned.
(23) HEG’s dumping margin expressed as a percentage of the net, free-at-Community-frontier price, duty unpaid, was found to be de minimis in the sense of Article 9(3) of the basic Regulation.
4. LASTING NATURE OF CHANGED CIRCUMSTANCES
(24) In accordance with Article 11(3) of the basic Regulation, it was also examined whether the changed circumstances could reasonably be said to be of a lasting nature.
(25) Whereas the cost of production of the company had not significantly decreased since the original investigation, the export price of the product concerned had increased substantially during the RIP, thereby removing the dumping findings of the original investigation.
(26) Latest available data collected for the period after the RIP showed the import prices from HEG to have remained both high and stable, thereby confirming that the company continued with its non-dumping behaviour after the RIP.
(27) It was also found that, during the RIP, exports by HEG to markets other than the EU were made at prices above prices on the Indian domestic market.
(28) In these circumstances, the findings from the RIP can be considered to be lasting.
5. ANTI-DUMPING MEASURES
(29) As stated above, HEG was found to be dumping at a de minimis level during the RIP. It is however noted that, while the dumping margin established for the company concerned in the original investigation was 22,4 %, the anti-dumping duty presently in force against this company is 0 % (4). This results from the fact that there are parallel countervailing duties in force on imports of the product concerned. In these circumstances, the finding of de minimis dumping has no immediate impact on the level of the measures currently in force (5).
6. DISCLOSURE
(30) Interested parties were informed of the essential facts, considerations and findings of the investigation and were given an opportunity to comment. No comments were received,
The partial interim review of the anti-dumping measures applicable to imports of certain graphite electrode systems originating in India, initiated pursuant to Article 11(3) of Regulation (EC) No 384/96 is hereby concluded without amending the level of the anti-dumping measure in force.
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
31990R1794 | Council Regulation (EEC) No 1794/90 of 28 June 1990 on transitional measures concerning trade with the German Democratic Republic
| COUNCIL REGULATION (EEC) No 1794/90
of 28 June 1990
on transitional measures concerning trade with the German Democratic Republic
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 28 and 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Federal Republic of Germany and the German Democratic Republic have concluded a Treaty (Staatsvertrag) for the immediate establishment of a monetary union and for the progressive integration of the German Democratic Republic into the economic and social system of the Federal Republic of Germany and into the legal system of the Community in advance of the formal unification of the two Germanies;
Whereas the Staatsvertrag states that the German Democratic Republic shall align its policies on the laws and objectives of the European Communities;
Whereas, during the period preceding unification, rules governing trade between the German Democratic Republic, on the one hand, and the Federal Republic of Germany and other Member States of the Community, on the other, should be geared towards the free access of Community products to the German Democratic Republic and towards equivalent access to the Community for the latter's products; whereas such free access for products from the German Democratic Republic may, however, be granted only if the latter provides suitable protection at its frontier with third countries;
Whereas it appears appropriate, in order to enable the Community's external arrangements to be adapted rapidly to developments in the German Democratic Republic, to confer upon the Commission the relevant implementing powers in accordance with the management committee procedure;
Whereas, as regards trade between the German Democratic Republic, on the one hand, and Spain and Portugal, on the other, this Regulation shall apply with due regard to the relevant Articles of the Act of Accession,
In so far as the Commission establishes, under the procedure laid down in Article 4, that the conditions of Article 2 are met, the application of customs duties and any charges having equivalent effect and also of quantitative restrictions and any restrictive measures resulting from the instruments of the common commercial policy shall be suspended, taking into account the relevant provisions of the Act of Accession of Spain and Portugal, in Community trade with the Germany Democratic Republic.
However, Spain and Portugal may maintain, with regard to the German Democratic Republic, the quantitative restrictions which concern the products listed in Annex I to Regulation (EEC) No 288/82 (1).
This Regulation shall not apply to the agricultural products referred to in Annex II to the Treaty nor to goods resulting from the processing of agricultural products and referred to in Regulation (EEC) No 3033/80 (2), as last amended by Regulation (EEC) No 1436/90 (3).
1. The Commission is hereby empowered, under the procedure laid down in Article 4, to take the implementing measures with regard to Article 1, to the extent that:
(a) the German Democratic Republic introduces into its trade with third countries the Common Customs Tariff, Community customs legislation and the other common commercial policy measures or, particularly in the cases provided for under paragraph 2, measures ensuring that the provisions laid down by the Community with regard to third countries are not circumvented;
(b) the German Democratic Republic takes, or is making preparations to take, measures guaranteeing free access for Community goods.
2. The condition set out in paragraph 1 (a) shall apply without prejudice to the German Democratic Republic's obligations under agreements concluded with third countries.
1. Notwithstanding the procedure laid down in Article 4, the measures suspended pursuant to Article 1 may be reintroduced by the Commission, acting either on its own initiative or at the request of a Member State, in so far as the application of Article 1 gives rise to serious economic difficulties in a sector of activity in one or more Member States of the Community.
2. If the German Democratic Republic is led to take protective measures in order to avoid the free access of Community goods giving rise to serious difficulties in a sector of its economic activities, this will not prevent the applications of Article 1 provided that such measures are applied in a uniform way to one or more categories of Community goods.
The measures provided for under this Regulation together with any other necessary implementing rules shall be adopted in accordance with the following procedure:
The Commission shall be assisted by a Committee composed of the representatives of the Member States and chaired by the representative of the Commission.
The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
The Commission shall adopt measures which shall apply immediately, However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Councilk forthwith.
In that event, the Commission may defer application of the measures which it has decided for one month from the date of such communication.
The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous paragraph.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
The suspension measures taken pursuant to Article 1 may be made applicable with effect from 1 July 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32013L0042 | Council Directive 2013/42/EU of 22 July 2013 amending Directive 2006/112/EC on the common system of value added tax, as regards a Quick Reaction Mechanism against VAT fraud
| 26.7.2013 EN Official Journal of the European Union L 201/1
COUNCIL DIRECTIVE 2013/42/EU
of 22 July 2013
amending Directive 2006/112/EC on the common system of value added tax, as regards a Quick Reaction Mechanism against VAT fraud
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 113 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national Parliaments,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the European Economic and Social Committee (2),
Acting in accordance with a special legislative procedure,
Whereas:
(1) Tax fraud in the field of value added tax (VAT) leads to considerable budget losses and affects the conditions of competition and thus the operation of the internal market. Specific sudden and massive forms of tax fraud have recently developed especially via the use of electronic means which facilitate rapid illegitimate trade on a large scale.
(2) Council Directive 2006/112/EC (3) allows Member States to apply for a derogation from that Directive in order to prevent certain forms of tax evasion or avoidance.
(3) Recent experience has demonstrated that the procedure provided for in Article 395 of Directive 2006/112/EC is not able to respond quickly enough to requests by Member States for urgent measures.
(4) Experience has also shown that the designation of the recipient as the person liable for the payment of the VAT (reverse charge) is, in certain cases, an effective measure to stop VAT fraud in specific sectors.
(5) Under the reverse charge provisions in Articles 199 and 199a of Directive 2006/112/EC, Member States do not have the flexibility to respond quickly to sudden and massive fraud in categories of goods and services falling outside the scope of those Articles. Specific arrangements therefore need to be made to address these circumstances.
(6) Considering the massive instances of fraud that have occurred, a rapid and exceptional response to further instances of sudden fraud is best guaranteed by a Quick Reaction Mechanism ("QRM") special measure consisting of the option to apply for a short period a reverse charge, following appropriate notification by the Member State concerned. In order to ensure the exercising of the option is proportionate to the problem, the Commission, once it is in possession of the relevant information, should have a short period in which to appraise the notification and confirm whether it objects to the QRM special measure. Member States should have the opportunity for their views to be taken into account by the Commission, and should therefore be fully informed of the notification and any additional information provided throughout the process. Additionally, the Council should then decide on any further application of the reverse charge by an implementing Decision pursuant to Article 395 of Directive 2006/112/EC.
(7) The Member State that has notified its intention to apply the QRM special measure may do so once the Commission has notified the absence of objection.
(8) In order to provide for the further application of the reverse charge, at the earliest opportunity and before the expiry of the QRM special measure, the procedure laid down in Article 395 of Directive 2006/112/EC should be subject to a shorter deadline.
(9) Rapid processing of Member States' notifications under the QRM will be facilitated if a standardised form is established for those notifications and for the provision of any additional information to the Commission. Implementing powers should therefore be conferred on the Commission as regards that standardised form.
(10) Since a QRM can only be a temporary solution pending longer term legislative solutions with a view to making the VAT system more resilient to instances of VAT fraud, the QRM should only apply for a limited period of time.
(11) In order to evaluate the effectiveness of the QRM, the Commission should prepare an overall assessment report on the impact of the mechanism in addressing instances of sudden and massive fraud.
(12) Since the objective of the action to be taken, namely to address sudden and massive fraud phenomena in the field of VAT which very often have an international dimension, cannot be sufficiently achieved by the Member States, as they are not in a position to individually counter the fraud circuits related to new forms of trade which involve several countries at the same time, and can therefore, by reason of ensuring a quicker and, as a result, a more adequate and effective response to these phenomena, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
(13) Directive 2006/112/EC should therefore be amended accordingly,
Directive 2006/112/EC is amended as follows:
(1) the following Article is inserted:
(2) in Article 395, the following paragraph is added:
Before 1 January 2018, the Commission shall present to the European Parliament and to the Council an overall assessment report on the impact of the QRM provided for in point (1) of Article 1.
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply until 31 December 2018.
This Directive is addressed to the Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0.333333 |
31990R2911 | Commission Regulation (EEC) No 2911/90 of 9 October 1990 laying down detailed rules of application for aid for the production of certain varieties of grapes for drying
| COMMISSION REGULATION (EEC) No 2911/90 of 9 October 1990 laying down detailed rules of application for aid for the production of certain varieties of grapes for drying
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the markets in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) No 2201/90 (2), and in particular Article 6 (6) thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (3), as last amended by Regulation (EEC) No 2205/90 (4), and in particular Article 5 (3) thereof,
Whereas pursuant to Article 6 (1) of Regulation (EEC) No 426/86 aid is to be granted per hectare of area wholly devoted to grape cultivation and harvested ; whereas in this connection it is reasonable to accept that any area entirely planted with vines for producing sultanas, currants or muscatel grapes, on which all normal cultivation and harvesting work is carried out is eligible for this aid ; whereas, however, in order to give the national authorities full scope for carrying out whatever checks are necessary it should be stipulated that the aid will not be paid until after the harvest period;
Whereas satisfactory operation of the aid scheme will require checks by the Member States to ensure that aid is granted only in regard to the areas in question and in respect of products as defined in Article 6 of Regulation (EEC) No 426/86, for which no other aid under other Community schemes relating to production structure has been applied for, in particular under Council Regulation (EEC) No 797/85 of 12 March 1985 on improving the efficiency of agricultural structures (5), as last amended by Regulation (EEC) No 2176/90 (6) ; whereas a system of declaration of areas cultivated and varieties grown must be used as a basis for these checks ; whereas, however, applications for aid accompanied by all necessary information may also be accepted;
Whereas provision should be made for the Member States' checks to cover a sufficiently representative number of aid applications and for penalties to be imposed where irregularities are found;
Whereas, pursuant to Article 6 (2) of Regulation (EEC) No 426/86, the maximum guaranteed area under grapes cultivated and harvested in the Community which, if exceeded, will entail a reduction in the aid for the following marketing year should be determined ; whereas the said maximum area takes account of the average area cultivated in the Community in the 1987/88, 1988/89 and 1989/90 marketing years;
Whereas, for the marketing year under way, the aid should be converted at the agricultural rate set for dried grapes ; whereas for conversion of the aid into national currency the operative event as defined in Article 5 of Regulation (EEC) No 1676/85 should be deemed to occur on the first day of the marketing year for which the aid is granted;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
The aid per hectare provided for in Article 6 of Regulation (EEC) No 426/86 shall be granted under the conditions set out in this Regulation.
The aid shall be granted for areas (a) that are fully cultivated and harvested and are subjected to all normal cultivation work;
and
(b) have been covered by a declaration to the authority designated by the Member State. Aid applications submitted in accordance with Article 3 take the place of a declaration. (1) OJ No L 49, 27.2.1986, p. 1. (2) OJ No L 201, 31.7.1990, p. 1. (3) OJ No L 164, 24.6.1985, p. 1. (4) OJ No L 201, 31.7.1990, p. 9. (5) OJ No L 93, 30.3.1985, p. 1. (6) OJ No L 198, 28.7.1990, p. 6.
1. An application for aid shall be submitted by the producer, by 31 May at the latest each year, for the following marketing year, to the competent authority designated by the Member State in which the area is located. Member States may, however, set an earlier date in order to permit the necessary checks. Applications for the 1990/91 marketing year shall be submitted up to 30 November 1990, at the latest.
2. Applications for aid shall include at least the following: (a) the surname, forenames and address of the applicant;
(b) the areas planted with vines producing the product(s) concerned (in hectares and in areas) with the land registry reference or an indication recognized as equivalent by the body responsible for checking areas;
(c) the grape variety used;
(d) a declaration by the producer that none of the areas in question nor the products harvested therefrom are the, subject of an application for aid under other schemes, in particular under Regulation (EEC) No 797/85;
(e) a crop estimate;
(f) the status and type of occupancy of the holding.
The maximum guaranteed Community area mentioned in Article 6 (6) of Regulation (EEC) No 426/86 is hereby fixed at 53 000 hectares.
1. Member States shall pay the aid by 30 April at the latest of the marketing year for which it is granted. It may not be paid before the harvest and the drying for processing.
2. The aid shall be paid in national currency using the agricultural conversion rate - set for dried grapes for the 1990//91 marketing year - applicable on the first day of the marketing year for which it is granted.
1. Member States shall verify by surveys and by on-the-spot checks the accuracy of the information provided in support of applications for aid, in particular areas declared and products. They shall also verify that aid is not granted on areas covered by applications for aid under other Community production structure schemes.
2. Within each administrative unit a check shall be made on a representative percentage of the applications submitted, determined on the basis of the average size of holdings, the areas cultivated with vines of grapes for drying and their geographical distribution.
All declarations covering an area with vines of grapes for drying of five hectares or more shall be checked. Other applications or declarations shall be checked on a random basis.
In all cases at least 10 % of applications must be checked. If a significant number of false declarations is discovered this shall be raised to 15 %.
3. When an application is checked all areas under vines of grapes for drying to which it relates shall be covered. The areas declared shall be measured and the cultivation thereon of eligible grape varieties verified.
Member States shall take account of the particular topographical characteristics of production zones when checking the areas in question.
Measuring shall be carried out as follows: (a) areas consisting of a single block : measurement of the entire block;
(b) areas split up into parcels: - from two to five parcels : measurement of the largest and one of medium size,
- from six to 10 parcels : measurement of the two largest and one of medium size,
- more than 10 parcels : measurement of the two largest and three of medium size.
For each check a report shall be drawn up indicating the areas and parcels visited and measured, the measuring instruments used and the findings.
Where (b) applies the measurement shall be extrapolated for the entire area declared. However, the applicant may require all the areas to be measured.
It is possible for this paragraph not to be applied to the 1990/91 marketing year.
4. Member States shall notify the Commission by 15 December at the latest of the national provisions adopted on verification of the regularity of applications, in particular to prevent aid being granted more than once on the same vines, and on checks.
1. If the checking of an application shows that the area declared is: (a) smaller than that measured, the declared area shall be used for calculation of the aid. However, if the difference is considerable the Member State may accept a supplementary application for aid covering at most the difference between the area as measured and that declared;
(b) larger than that measured, the areas used for calculation of the aid shall, without prejudice to any penalties under national legislation, be that measured.
2. No aid shall be paid if the check establishes that the area declared is 25 % or more than that measured.
3. If a check provided for in Article 6 cannot be made for reasons attributable to the applicant, despite formal notification to him to allow it to be carried out, no aid shall be paid for the marketing year in question.
If aid is wrongly paid or received the Member State shall recover the wrongly paid amount plus interest from the date of payment to that of recovery. The interest rate shall be that applying for similar recovery under national law.
Producing Member States shall notify the Commission not later than: (a) 15 December: - of the area, expressed in hectares and ares, for which aid has been applied, broken down by product,
- of estimated total production, broken down by product:
(b) 15 May: - of the area for which aid has actually been paid,
- of the quantity harvested on the area in respect of which aid has been paid, broken down by product.
0
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 September 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
31994R1400 | Commission Regulation (EC) No 1400/94 of 17 June 1994 concerning the stopping of fishing for cod by vessels flying the flag of Germany
| COMMISSION REGULATION (EC) No 1400/94 of 17 June 1994 concerning the stopping of fishing for cod by vessels flying the flag of Germany
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), and in particular Article 21 (3) thereof,
Whereas Council Regulation (EC) No 3689/93 of 20 December 1993 allocating, for 1994, catch quotas between Member States for vessels fishing in Lithuanian waters (2), provides for cod quotas for 1994;
Whereas, in order to ensure compliance with the provisions relating to the quantitative limitations on catches of stocks subject to quotas, it is necessary for the Commission to fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated;
Whereas, according to the information communicated to the Commission, catches of cod in the waters of ICES division III d (Lithuanian waters) by vessels flying the flag of Germany or registered in Germany have reached the quota allocated for 1994; whereas Germany has prohibited fishing for this stock as from 1 June 1994; whereas it is therefore necessary to abide by that date,
Catches of cod in the waters of ICES division III d (Lithuanian waters) by vessels flying the flag of Germany or registered in Germany are deemed to have exhausted the quota allocated to Germany for 1994.
Fishing for cod in the waters of ICES division III d (Lithuanian waters) by vessels flying the flag of Germany or registered in Germany is prohibited, as well as the retention on board, the transhipment and the landing of such stock captured by the abovementioned vessels after the date of application of this Regulation.
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 June 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32006R1619 | Commission Regulation (EC) No 1619/2006 of 30 October 2006 amending Regulation (EC) No 1555/96 as regards the trigger levels for additional duties on cucumbers, artichokes, clementines, mandarins and oranges
| 31.10.2006 EN Official Journal of the European Union L 300/11
COMMISSION REGULATION (EC) No 1619/2006
of 30 October 2006
amending Regulation (EC) No 1555/96 as regards the trigger levels for additional duties on cucumbers, artichokes, clementines, mandarins and oranges
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 33(4) thereof,
Whereas:
(1) Commission Regulation (EC) No 1555/96 of 30 July 1996 on rules of application for additional import duties on fruit and vegetables (2) 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 laid down in Article 308d of 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).
(2) For the purposes of Article 5(4) of the Agreement on Agriculture (4) concluded during the Uruguay Round of multilateral trade negotiations and in the light of the latest data available for 2003, 2004 and 2005, the trigger levels for additional duties on cucumbers, artichokes, clementines, mandarins and oranges should be adjusted.
(3) As a result, Regulation (EC) No 1555/96 should be amended.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,
The Annex to Regulation (EC) No 1555/96 is hereby replaced by the Annex hereto.
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 November 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32002R1427 | Commission Regulation (EC) No 1427/2002 of 2 August 2002 amending Regulation (EC) No 1555/96 on rules of application for additional import duties on fruit and vegetables
| Commission Regulation (EC) No 1427/2002
of 2 August 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 545/2002(2), and in particular Article 33(4) thereof,
Whereas:
(1) Commission Regulation (EC) No 1555/96(3), as last amended by Regulation (EC) No 906/2002(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(7) 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 apples should be adjusted.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,
The Annex to Regulation (EC) No 1555/96 is replaced by the Annex hereto.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 September 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32008R0114 | Commission Regulation (EC) No 114/2008 of 6 February 2008 amending Regulation (EC) No 883/2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the keeping of accounts by the paying agencies, declarations of expenditure and revenue and the conditions for reimbursing expenditure under the EAGF and the EAFRD
| 7.2.2008 EN Official Journal of the European Union L 33/6
COMMISSION REGULATION (EC) No 114/2008
of 6 February 2008
amending Regulation (EC) No 883/2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the keeping of accounts by the paying agencies, declarations of expenditure and revenue and the conditions for reimbursing expenditure under the EAGF and the EAFRD
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (1), and in particular Article 42(7) thereof,
Whereas:
(1) The third subparagraph of Article 16(2) of Commission Regulation (EC) No 883/2006 (2) provides that all the payments made in anticipation by the Member States under their own responsibility prior to approval of the rural development programmes for the period 2007-2013 must be declared in the first declaration of expenditure following the adoption of the programmes. This rule is laid down for programmes not approved by 31 March 2007.
(2) Article 23 of Regulation (EC) No 1290/2005 provides that the Community’s budget commitments for rural development programmes are to be made in annual instalments and that for each programme, the budget commitment for the first instalment is to follow the adoption of the programme by the Commission.
(3) Under the second subparagraph of Article 9(1) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), appropriations which have not been used at the end of the financial year may be carried over, to the following financial year only, by means of a decision taken by the Commission by 15 February at the latest.
(4) Given this framework and the appropriations available for 2007, a large number of programmes will not be able to be approved until after the appropriations not used in that financial year have been carried over. As a result, for 2007, the first year of the programming period, it will not be possible for some of the payments made in anticipation by the Member States to be covered by a declaration of expenditure by the deadline of 31 January 2008 laid down in Article 16(2)(d) of Regulation (EC) No 883/2006.
(5) Therefore, in order to facilitate the financial management of the rural development programmes and in order not to prolong the deadline for reimbursing the expenditure incurred by the Member States, a new deadline should be laid down to enable the Member States, by derogation from the first subparagraph of Article 16(2) of Regulation (EC) No 883/2006, to make an additional, special declaration of expenditure for the payments in anticipation made by them in 2007 under programmes approved by the Commission between the date of the Commission decision on the carry-over of appropriations from 2007 and 29 February 2008.
(6) Regulation (EC) No 883/2006 should therefore be amended accordingly.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Agricultural Funds,
The third subparagraph of Article 16(2) of Regulation (EC) No 883/2006 is hereby replaced by the following:
‘However, if a rural development programme has not been approved by the Commission by 31 March 2007, all the expenditure carried out in anticipation by the paying agency under its own responsibility, during the periods preceding the adoption of this programme, shall be declared to the Commission in the first declaration of expenditure following the adoption of the programme. Notwithstanding the first subparagraph, in the case of rural development programmes approved by the Commission between 15 October and 12 December 2007, expenditure incurred in anticipation by the paying agencies up to and including 15 October 2007 shall be the subject of a special declaration of expenditure to be made by 12 December 2007 and, in the case of rural development programmes approved by the Commission between the date of the Commission decision on the carry-over of appropriations not used in 2007, taken in accordance with the second subparagraph of Article 9(1) of Regulation (EC, Euratom) No 1605/2002, and 29 February 2008, expenditure incurred in anticipation by the paying agencies up to and including 31 December 2007 shall be the subject of a special declaration of expenditure to be made by 29 February 2008.’
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32001R1472 | Commission Regulation (EC) No 1472/2001 of 18 July 2001 establishing the standard import values for determining the entry price of certain fruit and vegetables
| Commission Regulation (EC) No 1472/2001
of 18 July 2001
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1498/98(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
This Regulation shall enter into force on 19 July 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31999R0358 | Commission Regulation (EC) No 358/1999 of 17 February 1999 on a sale by tender of beef held by certain intervention agencies for export to certain third countries
| COMMISSION REGULATION (EC) No 358/1999 of 17 February 1999 on a sale by tender of beef held by certain intervention agencies for export to certain third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organisation of the market in beef and veal (1), as last amended by Regulation (EC) No 1633/98 (2), and in particular Article 7(3) thereof,
Whereas the application of intervention measures in respect of beef has resulted in a build-up of stocks in several Member States; whereas outlets for those products exist in certain third countries; whereas, in order to prevent storage being prolonged excessively, part of those stocks should be put up for sale by tender for export to those countries;
Whereas the sale should be conducted in accordance with Commission Regulation (EEC) No 2173/79 of 4 October 1979 on detailed rules of application for the disposal of beef bought in by intervention agencies (3), as last amended by Regulation (EC) No 2417/95 (4), and in particular Titles II and III thereof, and Commission Regulation (EEC) No 3002/92 of 16 October 1992 laying down common detailed rules for verifying the use and/or destination of products from intervention (5), as last amended by Regulation (EC) No 770/96 (6), subject to certain special exceptions on account of the particular use to which the products in question are to be put;
Whereas, in order to ensure that the sales by tender are conducted properly and uniformly, measures in addition to those provided for in Article 8(1) of Regulation (EEC) No 2173/79 should be adopted;
Whereas provision should be made for derogations from Article 8(2)(b) of Regulation (EEC) No 2173/79 in view of the administrative difficulties which the application of that point is creating in the Member States concerned;
Whereas, for practical reasons, export refunds will not be granted on beef sold under this Regulation; whereas, however, successful tenderers will be required to apply for export licences for the quantity awarded, in accordance with 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 (7), as last amended by Regulation (EC) No 2648/98 (8);
Whereas, in order to ensure that the beef sold is exported to the eligible third countries, provision should be made for a security to be lodged before the goods are taken over and the primary requirements should be determined;
Whereas products from intervention stocks may in certain cases have undergone several handling operations; whereas, to help ensure satisfactory presentation and marketing, the repackaging of the products should be authorised in certain circumstances;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
1. The following approximate quantities of intervention products bought in pursuant to Article 6 of Regulation (EEC) No 805/68 shall be put up for sale:
- 10 000 tonnes of bone-in beef held by the German intervention agency,
- 10 000 tonnes of bone-in beef held by the French intervention agency.
2. The beef shall be exported to the zone 08 destinations listed in Annex II to Commission Regulation (EC) No 2697/98 (9).
3. Subject to the provisions of this Regulation, the sale shall be conducted in accordance with Regulation (EEC) No 2173/79, and in particular Titles II and III thereof, and Regulation (EEC) No 3002/92.
1. Notwithstanding Articles 6 and 7 of Regulation (EEC) No 2173/79, this Regulation shall serve as a general notice of invitation to tender.
The intervention agencies concerned shall draw up notices of invitation to tender, setting out in particular:
- the quantities of beef put up for sale, and
- the deadline and place for the submission of tenders.
2. Particulars of the quantities and the places where the products are stored may be obtained by the parties concerned at the addresses set out in the Annex II. The intervention agencies shall, in addition, display the notices referred to in paragraph 1 at their head offices and may also publish them in other ways.
3. The intervention agencies concerned shall sell first meat which has been in storage for the longest time.
4. Only tenders reaching the intervention agencies concerned by 12 noon on 23 February 1999 shall be considered.
5. Tenders shall be valid only if they relate to a minimum of 15 tonnes.
6. Notwithstanding Article 8(1) of Regulation (EEC) No 2173/79, tenders must be submitted to the intervention agency concerned in sealed envelopes bearing a reference to this Regulation. The sealed envelopes must not be opened by the intervention agency before the deadline for submission as referred to in paragraph 4 has expired.
7. Notwithstanding Article 8(2)(b) of Regulation (EEC) No 2173/79, tenders shall not specify the store or stores where the products are held.
8. Notwithstanding Article 15(1) of Regulation (EEC) No 2173/79, the security shall be EUR 12 per 100 kilograms.
The submission of an application for an export licence as referred to in Article 4(2) shall constitute a primary requirement in addition to the requirements laid down in Article 15(3) of Regulation (EEC) No 2173/79.
1. Not later than the day following the closing date for the submission of tenders, the Member States shall send the Commission details of tenders received.
2. Following scrutiny of the tenders, a minimum selling price for each product shall be set or no award shall be made.
1. The intervention agency shall send each tenderer the information referred to in Article 11 of Regulation (EEC) No 2173/79 by fax.
2. Within five working days of the date on which the information as referred to in paragraph 1 is forwarded, the successful tenderers shall apply for one or more export licences as referred to in the first indent of Article 8(2) of Regulation (EC) No 1445/95 in respect of the quantity awarded. Applications shall be accompanied by the fax as referred to in paragraph 1 and shall contain in box 7 the name of one of the zone 08 countries referred to in Article 1(2). In addition, one of the following shall be entered in box 20 of applications:
- Productos de intervención sin restitución [Reglamento (CE) n° 358/1999]
- Interventionsvarer uden restitution [Forordning (EF) nr. 358/1999]
- Interventionserzeugnisse ohne Erstattung [Verordnung (EG) Nr. 358/1999]
- Ðñïúüíôá ðáñÝìâáóçò ÷ùñßò åðéóôñïöÞ [êáíïíéóìüò (ÅÊ) áñéè. 358/1999]
- Intervention products without refund [Regulation (EC) No 358/1999]
- Produits d'intervention sans restitution [règlement (CE) n° 358/1999]
- Prodotti d'intervento senza restituzione [Regolamento (CE) n. 358/1999]
- Producten uit interventievoorraden zonder restitutie [Verordening (EG) nr. 358/1999]
- Produtos de intervenção sem restituição [Regulamento (CE) n.° 358/1999]
- Interventiotuotteita - ei vientitukea [Asetus (EY) N:o 358/1999]
- Interventionsprodukt utan exportbidrag [Förordning (EG) nr 358/1999].
1. Notwithstanding Article 18(1) of Regulation (EEC) No 2173/79, the delivery period shall run for three months from the date of the notification as referred to in Article 4(1) of this Regulation.
2. Notwithstanding the first indent of Article 8(2) of Regulation (EC) No 1445/95, export licences applied for in accordance with Article 4(2) of this Regulation shall be valid for 90 days.
1. A security shall be lodged by the buyer before the goods are taken over to ensure they are exported to the third countries referred to in Article 1(2). Import into one of those countries shall constitute a primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 (10).
2. The security referred to in paragraph 1 above shall be, per tonne:
- the difference between the price tendered per tonne and EUR 2 000 in the case of bone-in hindquarters,
- the difference between the price tendered per tonne and EUR 1 300 in the case of bone-in forequarters.
The competent authorities may permit intervention products with torn or soiled packaging to be put up in new packaging of the same type, under their supervision and before being presented for dispatch at the customs office of departure.
No export refund shall be granted on meat sold under this Regulation.
Removal orders as referred to in Article 3(1)(b) of Regulation (EEC) No 3002/92, export declarations and, where appropriate, T5 control copies shall contain one of the following entries:
- Productos de intervención sin restitución [Reglamento (CE) n° 358/1999]
- Interventionsvarer uden restitution [Forordning (EF) nr. 358/1999]
- Interventionserzeugnisse ohne Erstattung [Verordnung (EG) Nr. 358/1999]
- Ðñïúüíôá ðáñÝìâáóçò ÷ùñßò åðéóôñïöÞ [êáíïíéóìüò (ÅÊ) áñéè. 358/1999]
- Intervention products without refund (Regulation (EC) No 358/1999)
- Produits d'intervention sans restitution [règlement (CE) n° 358/1999]
- Prodotti d'intervento senza restituzione [Regolamento (CE) n. 358/1999]
- Producten uit interventievoorraden zonder restitutie [Verordening (EG) nr. 358/1999]
- Produtos de intervenção sem restituição [Regulamento (CE) n.° 358/1999]
- Interventiotuotteita - ei vientitukea [Asetus (EY) N:o 358/1999]
- Interventionsprodukt utan exportbidrag [Förordning (EG) nr 358/1999].
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. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
31993R0979 | Commission Regulation (EEC) No 979/93 of 26 April 1993 amending Regulation (EEC) No 1496/80 on the declaration of particulars relating to customs value and on documents to be furnished
| COMMISSION REGULATION (EEC) No 979/93 of 26 April 1993 amending Regulation (EEC) No 1496/80 on the declaration of particulars relating to customs value and on documents to be furnished
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1224/80 of 28 May 1980 on the valuation of goods for customs purposes (1), as last amended by Regulation (EEC) No 4046/89 (2), and in particular Article 16 thereof,
Whereas Article 1 of Commission Regulation (EEC) No 1496/80 (3), as last amended by Regulation (EEC) No 3272/88 (4), provides in particular, for a specimen form DV1 of declaration of particulars relating to customs value;
Whereas it is appropriate to replace the values laid down in Article 2 (1) (a) of Regulation (EEC) No 1496/80 below which Member States may waive the requirement of a declaration of particulars relating to customs value to take account of inflation which has taken place since the last revision of those values;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Customs Valuation Committee,
In Article 2 (1) (a) of Regulation (EEC) No 1496/80 'ECU 3 000' is replaced by 'ECU 5 000'.
This Regulation shall enter into force on 1 May 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31982R3065 | Commission Regulation (EEC) No 3065/82 of 18 November 1982 amending Regulation (EEC) No 1753/82 as regards the sale of skimmed-milk powder for use in feed for calveso
| COMMISSION REGULATION (EEC) No 3065/82
of 18 November 1982
amending Regulation (EEC) No 1753/82 as regards the sale of skimmed-milk powder for use in feed for calves
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulatiion (EEC) No 1183/82 (2), and in particular Article 7 (5) thereof,
Whereas Article 3 of Commission Regulation (EEC) No 1753/82 (3) repealed Regulations (EEC) No 2307/79 (4) and (EEC) No 356/80 (5); whereas, as a result, certain provisions of Commission Regulation (EEC) No 1725/79 (6), as last amended by Regulation (EEC) No 232/82 (7), and in particular that relating to a maximum copper content are applicable with effect from 6 July 1982; whereas the requirement that a lower maximum copper content be observed with effect from that date poses a problem for certain producers who have produced and stored pre-mixes conforming to the old rules; whereas to avoid substantial losses for these producers provision should be made for a transitional period for using up stocks;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
The following paragraph shall be added to Article 3 of Regulation (EEC) No 1753/82;
'However, on application by the party concerned, the provisions of Article 1 (1) (a) and (2) (b) of Regulation (EEC) No 356/80 shall remain applicable until 30 November 1982, provided that he proves to the satisfaction of the competent authority that on the date of entry into force of this Regulation he held stocks of products manufactured in accordance with the rules applying prior to that date.
The application referred to in the preceding paragraph must be submitted by 30 November 1982 at the latest.'
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 6 July 1982.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31993R2944 | Commission Regulation (EEC) No 2944/93 of 25 October 1993 amending Commission Regulation (EEC) No 1839/92 with regard to control documents for shuttle services with accommodation and for occasional services
| COMMISSION REGULATION (EEC) No 2944/93 of 25 October 1993 amending Commission Regulation (EEC) No 1839/92 with regard to control documents for shuttle services with accommodation and for occasional services
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (1), and in particular Article 11 thereof,
Having consulted the Member States in accordance with the abovementioned provision,
Whereas the Commission adopted Regulation (EEC) No 1839/92 of 1 July 1992 laying down detailed rules for the application of Council Regulation (EEC) No 684/92 as regards documents for the international carriage of passengers (2), the latter Regulation laying down a standard passenger waybill for occasional international services and another for international shuttle services with accommodation;
Whereas it is necessary to standardize, for reasons of simplicity, the control documents laid down by Regulation (EEC) No 684/92 with regard to occasional international services and shuttle services with accommodation;
Whereas the Member States need time to have the new documents printed and distributed,
Regulation (EEC) No 1839/92 is amended as follows:
1. Article 1 (1) is replaced by the following:
'1. The control document for shuttle services with accommodation, as defined in Article 2 (2.2) of Regulation (EEC) No 684/92, and for occasional services, as defined in Article 2 (3.1) (a), (b), (c) and (d) of this Regulation, shall take the form of the passenger waybill and the set of translations of the waybill. The waybill shall be in the form shown at Annex I to this Regulation.';
2. in Article 1 (2), the following is added:
'The Member States shall adopt all necessary measures for adapting these requirements to computerized processing of waybills.';
3. Article 2 is deleted;
4. Article 3 (1) is replaced by the following:
'1. The book provided for in Article 1 shall be made out in the name of the carrier; it may not be transferred.';
5. Annexes I and Ia of Regulation (EEC) No 1839/92 are replaced respectively by Annexes I and Ia of this Regulation;
6. Annexes II and IIa of Regulation (EEC) No 1839/92 are deleted.
In the case of shuttle services with accommodation or of occasional services, Member States may authorize the use of the waybills drawn up in accordance with the provisions of Commission Regulations (EEC) No 1016/68 (3) and (EEC) No 1172/72 (4) until 28 February 1994 at the latest, provided that they are amended legibly, indelibly and in an appropriate manner, insofar as is necessary, in order to comply with the provisions of Regulations (EEC) No 684/92 and (EEC) No 1839/92.
Member States may also authorize, until 28 February 1994 at the latest, the use of waybills drawn up in accordance with the repealed or amended provisions of Regulation (EEC) No 1839/92.
The other Member States shall accept these documents on their territory until 28 February 1994.
Member States shall take the necessary measures to implement this Regulation. They shall inform the Commission thereof.
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. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
31983L0496 | Fourth Commission Directive 83/496/EEC of 22 September 1983 adapting to technical progress Annex VI to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products
| FOURTH COMMISSION DIRECTIVE
of 22 September 1983
adapting to technical progress Annex VI to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products
(83/496/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), as last amended by Directive 83/341/EEC (2), and in particular Article 8 (2) thereof,
Whereas, in the light of the most recent scientific and technical research results, the use of 4,4-dimethyl-1,3-oxazolidine and 1,2-dibromo-2,4-dicyanobutane as preservatives in cosmetic products can be permitted, subject to certain conditions;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaption to Technical Progress of the Directives on the Removal of Technical Barriers to Trade in Cosmetic Products,
The following is hereby added to Part 2 of Annex VI to Directive 76/768/EEC:
1.2.3.4.5 // // // // // // 'Reference No // Substance // Maximum authorized concentration // Limitations and requirements // Conditions of use and warnings which must be printed on the label // // // // // // a // b // c // d // e // // // // // // 59 // 1,2-dibromo-2,4-dicyanobutane // 0,1 % // Not to be used in cosmetic sunscreen products // // 60 // 4,4-dimethyl-1,3-oxazolidine // 0,1 % // Only for products rinsed off after use // // // // // The pH of the finished product shall be not lower than 6' // // // // // //
Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 31 December 1984.
They shall forthwith inform the Commission thereof,
This Directive is addressed to the Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31997R1455 | Commission Regulation (EC) No 1455/97 of 25 July 1997 fixing for the 1997/98 marketing year the minimum price to be paid to producers for dried plums and the amount of production aid for prunes
| COMMISSION REGULATION (EC) No 1455/97 of 25 July 1997 fixing for the 1997/98 marketing year the minimum price to be paid to producers for dried plums and the amount of production aid for prunes
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organization of the market in products processed from fruit and vegetables (1), and in particular Articles 3 (3) and 4 (9) thereof,
Whereas Article 2 of Commission Regulation (EC) No 504/97 of 19 March 1997 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the system of production aid for products processed from fruit and vegetables (2) fixes the dates of the marketing years;
Whereas Articles 3 and 4 of Regulation (EC) No 2201/96 set the criteria for fixing the minimum price and the amount of the production aid respectively;
Whereas Article 3 of Commission Regulation (EEC) No 1709/84 of 19 June 1984 on minimum prices payable to producers and amounts of production aid for certain processed fruit and vegetables eligible for production aid (3), as last amended by Regulation (EEC) No 2322/89 (4), defines the categories of dried plums and prunes for which the minimum price and the aid are fixed; whereas, therefore, the minimum price and production aid for the 1997/98 marketing year should be fixed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products processed from Fruit and Vegetables,
For the 1997/98 marketing year:
1. the minimum price referred to in Article 3 of Regulation (EC) No 2201/96 shall be ECU 193,523 per 100 kilograms net from the producer for dried plums derived from prunes d'Ente in the size category corresponding to 66 fruit per 500 grams;
2. the production aid referred to in Article 4 of that Regulation shall be ECU 80,261 per 100 kilograms net for prunes ready to be offered for human consumption derived from prunes d'Ente of the size category corresponding to 66 fruit per 500 grams for products obtained from raw materials.
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.
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 1 September 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32010R1241 | Council Implementing Regulation (EU) No 1241/2010 of 20 December 2010 amending Regulation (EC) No 452/2007 imposing a definitive anti-dumping duty on imports of ironing boards originating, inter alia, in the People’s Republic of China
| 22.12.2010 EN Official Journal of the European Union L 338/8
COUNCIL IMPLEMENTING REGULATION (EU) No 1241/2010
of 20 December 2010
amending Regulation (EC) No 452/2007 imposing a definitive anti-dumping duty on imports of ironing boards originating, inter alia, in the People’s Republic of China
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1515/2001 of 23 July 2001 on the measures that may be taken by the Community following a report adopted by the WTO Dispute Settlement Body concerning anti-dumping and anti-subsidy matters (1), and in particular Article 2(1) thereof,
Having regard to the proposal submitted by the European Commission after having consulted the Advisory Committee,
Whereas:
A. PROCEDURE
1. Measures in force
(1) Following an anti-dumping investigation concerning imports of ironing boards originating in the People’s Republic of China (‘PRC’) and Ukraine (‘the first investigation’), anti-dumping measures were imposed by Council Regulation (EC) No 452/2007 of 23 April 2007 (2). That Regulation entered into force on 27 April 2007.
(2) It is recalled that the rate of the definitive anti-dumping duty imposed on ironing boards produced by the Chinese exporting producer Since Hardware (Guangzhou) Co. Ltd (‘Since Hardware’) was 0 % while it ranged between 18,1 % and 38,1 % for other Chinese exporting producers. Following a subsequent interim review, these duty rates were increased to up to 42,3 % by Implementing Regulation of the Council (EU) No 270/2010 of 29 March 2010 amending Regulation (EC) No 452/2007 (3).
2. Initiation of a new proceeding
(3) On 2 October 2009, the Commission announced, by a notice published in the Official Journal of the European Union
(4) (‘notice of initiation’), the initiation of an anti-dumping investigation pursuant to Article 5 of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (5) (‘the basic Regulation’) concerning imports into the Union of ironing boards originating in the PRC, limited to Since Hardware. In the notice of initiation, the Commission also announced the initiation of a review pursuant to Article 2(3) of Regulation (EC) No 1515/2001 in order to allow for any necessary amendment of Regulation (EC) No 452/2007 in the light of the WTO Appellate Body report entitled ‘Mexico — Definitive Anti-dumping Measures on Beef and Rice’ (AB-2005-6) (6). This report stipulates in paragraphs 305 and 306 that an exporting producer not found to be dumping in an original investigation has to be excluded from the scope of the definitive measure imposed as a result of such investigation and cannot be made subject to administrative and changed circumstances reviews.
3. Exclusion of Since Hardware from the definitive anti-dumping measure imposed by Regulation (EC) No 452/2007
(4) Since Hardware should be excluded from the definitive anti-dumping measure imposed by Regulation (EC) No 452/2007 in order not to make Since Hardware fall under two anti-dumping proceedings at the same time,
Regulation (EC) No 452/2007 is hereby amended as follows:
In Article 1(2), in the table, the entry concerning Since Hardware (Guangzhou) Co. Ltd shall be deleted and the entry ‘All other companies’ shall be replaced by the entry ‘All other companies (except Since Hardware (Guangzhou) Co. Ltd, Guangzhou — TARIC additional code A784)’.
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. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32000R0802 | Commission Regulation (EC) No 802/2000 of 17 April 2000 fixing the maximum amount of compensatory aid for the revaluation of the pound sterling in 1999
| Commission Regulation (EC) No 802/2000
of 17 April 2000
fixing the maximum amount of compensatory aid for the revaluation of the pound sterling in 1999
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro(1), and in particular Article 4(2) thereof,
Whereas:
(1) An appreciable revaluation, as defined in Article 1(f) of Regulation (EC) No 2799/98, occurred in 1999 for the pound sterling.
(2) Regulation (EC) No 2799/98 lays down that Member States may grant compensatory aid to farmers in cases of appreciable revaluation. Such aid must be granted under the conditions laid down in that Regulation and in Commission Regulation (EC) No 2808/98 of 22 December 1998 laying down detailed rules for the application of the agrimonetary system for the euro in agriculture(2), as last amended by Regulation (EC) No 1410/1999(3).
(3) The maximum amount of the first tranche of compensatory aid is established in accordance with Article 4 of Regulation (EC) No 2799/98.
(4) Under Article 4(3) and (6)(a) of that Regulation, the amount concerned must be reduced or cancelled for a sector where the market price for the Member State concerned was on average equal to or higher than the average market prices in the Member States whose currencies were not appreciably revalued during the same period. Those conditions are fulfilled for the beef and veal and the sugar sectors, for which no compensation may be paid.
(5) The period referred to in the first subparagraph of Article 8(1) of Regulation (EC) No 2808/98, which must be a stipulated period prior to the granting of compensatory payments, must also be laid down.
(6) The measures provided for in this Regulation are in accordance with the opinions of the Management Committees concerned,
For the United Kingdom, the maximum amount of the first tranche of the compensatory aid referred to in Article 4(2) of Regulation (EC) No 2799/98, shall be EUR 55,21 million in the case of the appreciable revaluation that occurred in 1999.
The period referred to in the first subparagraph of Article 8(1) of Regulation (EC) No 2808/98 shall end on 31 December 1999 at the latest.
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. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31996R1737 | Commission Regulation (EC) No 1737/96 of 5 September 1996 amending Regulation (EC) No 1036/96 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat for the period 1 July 1996 to 30 June 1997
| COMMISSION REGULATION (EC) No 1737/96 of 5 September 1996 amending Regulation (EC) No 1036/96 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat for the period 1 July 1996 to 30 June 1997
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up following the conclusion of the GATT XXIV.6 negotiations (1), and in particular Article 1 (1) thereof,
Whereas Commission Regulation (EC) No 1036/96 (2), opens for the 1996/97 marketing year a tariff quota for 10 000 tonnes of high-quality beef from the United States or Canada; whereas, following the conclusion of the GATT XXIV.6 negotiations, this quantity should be increased by 2 250 tonnes with effect from 1 January 1996;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
Regulation (EC) No 1036/96 is hereby amended as follows:
1. In the first indent of Article 1 (1), the quantity 56 600 is replaced by 58 850.
2. In Article 2 (f), the quantity 10 000 is replaced by 12 250.
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. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 |
32011R1123 | Commission Regulation (EU) No 1123/2011 of 31 October 2011 establishing a prohibition of fishing for cod in I and IIb by vessels flying the flag of Spain
| 8.11.2011 EN Official Journal of the European Union L 289/18
COMMISSION REGULATION (EU) No 1123/2011
of 31 October 2011
establishing a prohibition of fishing for cod in I and IIb by vessels flying the flag of Spain
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,
Whereas:
(1) Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (2), lays down quotas for 2011.
(2) According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2011.
(3) It is therefore necessary to prohibit fishing activities for that stock,
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2011 shall be deemed to be exhausted from the date set out in that Annex.
Prohibitions
Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 |
31988D0580 | 88/580/EEC: Commission Decision of 24 October 1988 on improving the efficiency of agricultural structures in Greece pursuant to Council Regulation (EEC) No 797/85 (Only the Greek text is authentic)
| COMMISSION DECISION
of 24 October 1988
on improving the efficiency of agricultural structures in Greece pursuant to Council Regulation (EEC) No 797/85
(Only the Greek version of this text is authentic)
(88/580/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 797/85 of 12 March 1985 on improving the efficiency of agricultural structures (1), as last amended by Regulation (EEC) No 1137/88 (2), and in particular Article 25 (3) thereof,
Whereas on 23 August 1988 the Greek Government forwarded, pursuant to Article 24 (4) of Regulation (EEC) No 797/85, the administration provisions relating to the fixation of the reference income for 1988;
Whereas, pursuant to Article 25 (3) of Regulation (EEC) No 797/85, the Commission has to decide whether, having regard to the compliance of the abovementioned provisions with the aforementioned Regulation and taking into account the objectives of the latter and the need for a proper connection between the various measures, the conditions for a financial contribution by the Community are satisfied;
Whereas the fixation of the reference income for 1988 satisfies the conditions of Article 2 (3) of Regulation (EEC) No 797/85;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structures,
Taking into account the provisions relating to the fixation of the reference income for 1988, the measures adopted in Greece pursuant to Regulation (EEC) No 797/85 continue to meet the conditions for a financial contribution from the Community to the common measure provided for in Article 1 of Regulation (EEC) No 797/85.
This Decision is addressed to the Hellenic Republic. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32001R1188 | Commission Regulation (EC) No 1188/2001 of 15 June 2001 fixing the maximum buying-in price and the quantities of beef to be bought in under the 269th partial invitation to tender as a general intervention measure pursuant to Regulations (EEC) No 1627/89 and (EC) No 1136/2001
| Commission Regulation (EC) No 1188/2001
of 15 June 2001
fixing the maximum buying-in price and the quantities of beef to be bought in under the 269th partial invitation to tender as a general intervention measure pursuant to Regulations (EEC) No 1627/89 and (EC) No 1136/2001
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 47(8) thereof,
Whereas:
(1) Commission Regulation (EC) No 562/2000 of 15 March 2000 laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 as regards the buying-in of beef(2), as amended by Regulation (EC) No 590/2001(3), lays down buying standards. Pursuant to the above Regulation, an invitation to tender was opened under Article 1(1) of Commission Regulation (EEC) No 1627/89 of 9 June 1989 on the buying-in of beef by invitation to tender(4), as last amended by Regulation (EC) No 1134/2001(5), and Article 1 of Commission Regulation (EC) No 1136/2001 of 8 June 2001 opening intervention in accordance with Article 47(5) of Regulation (EC) No 1254/1999(6).
(2) Article 13(1) of Regulation (EC) No 562/2000 lays down that a maximum buying-in price is to be fixed for quality R3, where appropriate, under each partial invitation to tender in the light of tenders received while Article 13(2) of that Regulation states that a decision may be taken to make no award. In accordance with Article 36 of that Regulation, only tenders quoting prices not exceeding the maximum buying-in price and not exceeding the average national or regional market price, plus the amount referred to in Article 1(6) of Regulation (EC) No 590/2001 are to be accepted.
(3) Once tenders submitted in respect of the 269th partial invitation to tender have been considered pursuant to Article 47(8) of Regulation (EC) No 1254/1999, and taking account of the requirements for reasonable support of the market and the seasonal trend in slaughterings and prices, the maximum buying-in price and the quantities which may be bought in should be fixed for category A and no award made for category C.
(4) Article 1(7) of Regulation (EC) No 590/2001 also opens buying-in of carcases and half-carcases of store cattle and lays down special rules in addition to those laid down for the buying-in of other products. Îfter consideration of the tenders submitted, it has been decided not to proceed with the tendering procedure.
(5) In the light of developments, this Regulation should enter into force immediately.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
Under the 269th partial invitation to tender opened pursuant to Regulations (EEC) No 1627/89 and (EC) No 1136/2001:
(a) for category A:
(i) in the Member States or regions thereof meeting the conditions laid down in Article 47(2) of Regulation (EC) No 1254/1999:
- the maximum buying-in price shall be EUR 225,50/100 kg of carcases or half-carcases of quality R3,
- the maximum quantity of carcases and half-carcases accepted shall be 7579 t;
(ii) in the Member States or regions thereof meeting the conditions laid down in Article 47(5) of Regulation (EC) No 1254/1999:
- the maximum buying-in price shall be EUR 193/100 kg of carcases or half-carcases of quality R3,
- the maximum quantity of carcases and half-carcases accepted shall be 90 tonnes;
(b) for category C no award shall be made;
(c) for carcases and half-carcases of store cattle as referred to in Article 1(7) of Regulation (EC) No 590/2001, no award shall be made.
This Regulation shall enter into force on 16 June 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31991R3561 | Commission Regulation (EEC) No 3561/91 of 6 December 1991 amending Regulation (EEC) No 2814/91 laying down detailed rules for the definition of lambs fattened as heavy carcases
| COMMISSION REGULATION (EEC) No 3561/91 of 6 December 1991 amending Regulation (EEC) No 2814/91 laying down detailed rules for the definition of lambs fattened as heavy carcases
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 last amended by Regulation (EEC) No 1741/91 (2), and in particular Article 5 (9) thereof,
Having regard to Council Regulation (EEC) No 3901/89 of 12 December 1989 defining lambs fattened as heavy carcases (3), and in particular Article 1 (2) thereof,
Whereas detailed rules for the definition of lambs fattened as heavy carcases were adopted by Commission Regulation (EEC) No 2814/90 (4), as last amended by Regulation (EEC) No 2082/91 (5);
Whereas Regulation (EEC) No 2814/90 applies to premiums to be granted in respect of the 1991 marketing year in accordance with Article 4 thereof; whereas provision should be made for it to apply to the following marketing year also;
Whereas administrative difficulties in Portugal have delayed the introduction of national implementing provisions; whereas by way of derogation for the 1992 marketing year in the case of Portugal, a longer period should be allowed for submission of premium applications by producers;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sheep and Goats,
Regulation (EEC) No 2814/90 is amended as follows:
1. the following subparagraph is added to Article 3:
'By derogation for the 1992 marketing year the period for submission of premium applications provided for in Articles 1 (1) and 2 (1) shall be:
- in Portugal: 1 November 1991 to 31 January 1992,';
2. the second subparagraph of Article 4 is replaced by the following:
'It shall apply to premium to be granted in respect of 1991 and subsequent marketing years. However, in the Member States where the arrangements provided for in Article 22 (8) of Regulation (EEC) No 3013/89 apply for the 1990 marketing year, it shall apply to premiums to be paid in respect of the 1990 marketing year for which applications have not yet been submitted.'
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. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 |
32003R0857 | Commission Regulation (EC) No 857/2003 of 16 May 2003 opening an invitation to tender for the allocation of A3 export licences for fruit and vegetables (tomatoes, oranges, lemons and apples)
| Commission Regulation (EC) No 857/2003
of 16 May 2003
opening an invitation to tender for the allocation of A3 export licences for fruit and vegetables (tomatoes, oranges, lemons and 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), as last amended by Commission Regulation (EC) No 47/2003(2), and in particular the third subparagraph of Article 35(3),
Whereas:
(1) Commission Regulation (EC) No 1961/2001(3), as last amended by Regulation (EC) No 1176/2002(4), lays down the detailed rules of application for export refunds on fruit and vegetables.
(2) Article 35(1) of Regulation (EC) No 2200/96 provides that, to the extent necessary for economically significant exports, the products exported by the Community may be covered by export refunds, within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
(3) Under Article 35(2) of Regulation (EC) No 2200/96, care must be taken to ensure that the trade flows previously brought about by the refund scheme are not disrupted. For this reason and because exports of fruit and vegetables are seasonal in nature, the quantities scheduled for each product should be fixed, based on the agricultural product nomenclature for export refunds established by Commission Regulation (EEC) No 3846/87(5), as last amended by Regulation (EC) No 118/2003(6). These quantities must be allocated taking account of the perishability of the products concerned.
(4) Article 35(4) of Regulation (EC) No 2200/96 provides that refunds must be fixed in the light of the existing situation or outlook for fruit and vegetable prices on the Community market and supplies available on the one hand, and prices on the international market on the other hand. Account must also be taken of the transport and marketing costs and of the economic aspect of the exports planned.
(5) In accordance with Article 35(5) of Regulation (EC) No 2200/96, prices on the Community market are to be established in the light of the most favourable prices from the export standpoint.
(6) The international trade situation or the special requirements of certain markets may call for the refund on a given product to vary according to its destination.
(7) Tomatoes, oranges, lemons and apples of classes Extra, I and II of the common quality standards can currently be exported in economically significant quantities.
(8) In order to ensure the best use of available resources and in view of the structure of Community export, it is appropriate to proceed by an open invitation to tender and to fix the indicative refund amount and the scheduled quantities for the period concerned.
(9) The Management Committee for fresh Fruit and Vegetables has not delivered an opinion within the time limit set by its chairman,
1. An invitation to tender for the allocation of A3 export licences is hereby opened. The products concerned, the tender submission period, the indicative refund rates and the scheduled quantities are fixed in the Annex hereto.
2. The licences issued in respect of food aid as referred to in Article 16 of Commission Regulation (EC) No 1291/2000(7) shall not count against the eligible quantities in the Annex hereto.
3. Notwithstanding the application of Article 5(6) of Regulation (EC) No 1961/2001, the term of validity of the A3 licences shall be two months.
This Regulation shall enter into force on 3 June 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32012R1176 | Commission Implementing Regulation (EU) No 1176/2012 of 7 December 2012 entering a name in the register of protected designations of origin and protected geographical indications [Μανταρίνι Χίου (Mandarini Chiou) (PGI)]
| 11.12.2012 EN Official Journal of the European Union L 337/22
COMMISSION IMPLEMENTING REGULATION (EU) No 1176/2012
of 7 December 2012
entering a name in the register of protected designations of origin and protected geographical indications [Μανταρίνι Χίου (Mandarini Chiou) (PGI)]
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
Whereas:
(1) Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Greece's application to register the name ‧Μανταρίνι Χίου (Mandarini Chiou)‧ was published in the Official Journal of the European Union
(2).
(2) No categorical objection under Article 7 of the said Regulation was raised against the registration of the name in question.
(3) However, Commission Implementing Regulation (EU) No 543/2011 (3), which entered into force after the application for registration had been submitted, lays down a minimum sugar-acid ratio of 7,5:1 for fruit of this species (Annex I, Part B, Part 2, Section II, point B). For reasons of clarity and legal certainty, the Greek authorities have amended the Single Document accordingly.
The name contained in the Annex to this Regulation is hereby entered in the register.
The updated Single Document is contained in Annex II to this Regulation.
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32009D0767 | 2009/767/EC: Commission Decision of 16 October 2009 setting out measures facilitating the use of procedures by electronic means through the points of single contact under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (notified under document C(2009) 7806) (Text with EEA relevance)
| 20.10.2009 EN Official Journal of the European Union L 274/36
COMMISSION DECISION
of 16 October 2009
setting out measures facilitating the use of procedures by electronic means through the ‘points of single contact’ under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market
(notified under document C(2009) 7806)
(Text with EEA relevance)
(2009/767/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (1), and in particular Article 8(3) thereof,
Whereas:
(1) The obligations of administrative simplification imposed on Member States in Chapter II of Directive 2006/123/EC, in particular Articles 5 and 8 thereof, include the obligation to simplify the procedures and formalities applicable to the access to and exercise of a service activity and the obligation to ensure that those procedures and formalities may be easily completed by service providers at a distance and by electronic means through the ‘points of single contact’.
(2) The completion of procedures and formalities through the ‘points of single contact’ must be possible across borders between Member States as set out in Article 8 of Directive 2006/123/EC.
(3) To comply with the obligation to simplify procedures and formalities and to facilitate the cross-border use of the ‘points of single contact’, procedures by electronic means should rely on simple solutions, including as regards the use of electronic signatures. In cases where, after an appropriate risk assessment of concrete procedures and formalities, a high level of security or equivalence to a handwritten signature is deemed to be necessary, advanced electronic signatures based on a qualified certificate, with or without a secure signature creation device, could be required from service providers for certain procedures and formalities.
(4) The Community framework for e-signatures was established in Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (2). In order to facilitate effective cross-border use of advanced electronic signatures based on a qualified certificate, trust in these electronic signatures should be enhanced irrespective of the Member State in which the signatory or the certification service provider issuing the qualified certificate is established. This could be achieved by making the information necessary to validate the electronic signatures more easily available in a trustworthy form, in particular information relating to certification service providers who are supervised/accredited in a Member State and to the services they offer.
(5) It is necessary to ensure that Member States make this information publicly available through a common template in order to facilitate its use and ensure an appropriate level of detail allowing the receiving side to validate the electronic signature,
Use and acceptance of electronic signatures
1. If justified on the basis of an appropriate assessment of the risks involved and in accordance with Article 5(1) and (3) of Directive 2006/123/EC, Member States may require, for the completion of certain procedures and formalities through the points of single contact under Article 8 of Directive 2006/123/EC, the use by the service provider of advanced electronic signatures based on a qualified certificate, with or without a secure-signature-creation device, as defined and governed by Directive 1999/93/EC.
2. Member States shall accept any advanced electronic signature based on a qualified certificate, with or without a secure-signature-creation device, for the completion of the procedures and formalities referred to in paragraph 1, without prejudice to the possibility for Member States to limit this acceptance to advanced electronic signatures based on a qualified certificate and created by a secure-signature-creation device if this is in accordance with the risk assessment referred to in paragraph 1.
3. Member States shall not make the acceptance of advanced electronic signatures based on a qualified certificate, with or without a secure-signature-creation device, subject to requirements which create obstacles to the use, by service providers, of procedures by electronic means through the points of single contact.
4. Paragraph 2 does not prevent Member States from accepting electronic signatures other than advanced electronic signatures based on a qualified certificate, with or without a secure-signature-creation device.
Establishment, maintenance and publication of trusted lists
1. Each Member State shall establish, maintain and publish, in accordance with the technical specifications set out in the Annex, a ‘trusted list’ containing the minimum information related to the certification service providers issuing qualified certificates to the public who are supervised/accredited by them.
2. Member States shall establish and publish, as a minimum, a human readable form of the trusted list in accordance with the specifications set out in the Annex.
3. Member States shall notify to the Commission the body responsible for the establishment, maintenance and publication of the trusted list, the location where the trusted list is published and any changes thereto.
Application
This Decision shall apply from 28 December 2009.
Addressees
This Decision is addressed to the Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32007L0003 | Commission Directive 2007/3/EC of 2 February 2007 amending, for the purposes of their adaptation to technical progress, Annexes I and II to Directive 96/74/EC of the European Parliament and of the Council on textile names (Text with EEA relevance )
| 3.2.2007 EN Official Journal of the European Union L 28/12
COMMISSION DIRECTIVE 2007/3/EC
of 2 February 2007
amending, for the purposes of their adaptation to technical progress, Annexes I and II to Directive 96/74/EC of the European Parliament and of the Council on textile names
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 96/74/EC of the European Parliament and of the Council of 16 December 1996 on textile names (1), and in particular Article 16(1) thereof,
Whereas:
(1) Directive 96/74/EC lays down rules governing the labelling or marking of products as regards their textile fibre content, in order to ensure that consumer interests are thereby protected. Textile products may be placed on the market within the Community only if they comply with the provisions of that Directive.
(2) In view of recent findings by a technical working group, it is necessary, for the purposes of adapting Directive 96/74/EC to technical progress, to add the fibre elastolefin to the list of fibres set out in the Annexes I and II to that Directive.
(3) Directive 96/74/EC should therefore be amended accordingly.
(4) The measures provided for in this Directive are in accordance with the opinion of the Committee for Directives relating to Textile Names and Labelling,
Directive 96/74/EC is amended as follows:
1. In Annex I the following row 46 is added:
‘46 Elastolefin Fibre composed of at least 95 % (by mass) of macromolecules partially cross-linked, made up from ethylene and at least one other olefin and which, when stretched to one and a half times its original length and released, recovers rapidly and substantially to its initial length’
2. In Annex II the following entry 46 is added:
‘46 Elastolefin 1,50’
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 2 February 2008 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Directive is addressed to the Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32007D0856 | 2007/856/EC: Council Decision of 8 November 2007 concerning the accession of the Republic of Bulgaria and of Romania to the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980
| 29.12.2007 EN Official Journal of the European Union L 347/1
COUNCIL DECISION
of 8 November 2007
concerning the accession of the Republic of Bulgaria and of Romania to the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980
(2007/856/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Act of Accession of 2005, and in particular Article 3(4) thereof,
Having regard to the Recommendation from the Commission,
Having regard to the Opinion of the European Parliament (1),
Whereas:
(1) The Convention on the Law applicable to Contractual Obligations (hereinafter referred to as the Convention of 1980) was opened for signature in Rome on 19 June 1980 and entered into force on 1 April 1991.
(2) The Convention of 1980 was supplemented by the First and Second Protocols of 19 December 1988 on its interpretation by the Court of Justice of the European Communities (2) (hereinafter referred to as First and Second Protocols of 1988).
(3) The Hellenic Republic acceded to the Convention of 1980 by the Convention of 10 April 1984 (3) (hereinafter referred to as the Convention of 1984), which entered into force on 1 April 1991.
(4) The Kingdom of Spain and the Portuguese Republic acceded to the Convention of 1980 by the Convention of 18 May 1992 (4) (hereinafter referred to as the Convention of 1992), which entered into force on 1 September 1993.
(5) The Republic of Austria, the Republic of Finland and the Kingdom of Sweden acceded to the Convention of 1980 by the Convention of 29 November 1996 (5) (hereinafter referred to as the Convention of 1996), which entered into force on 1 October 1998.
(6) Following the accession to the European Union 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, a Convention was signed on 14 April 2005 on the accession of these new Member States to the Convention of 1988 and to the First and Second Protocols of 1988 (6) (hereinafter referred to as the Convention of 2005), which has not yet entered into force among all the Member States.
(7) Article 3(3) of the Act of Accession of 2005 provides that the Republic of Bulgaria and of Romania accede to the conventions and protocols listed in Annex I, as amended by Council Decision 2007/857/EC (7), which comprises, inter alia, the Convention of 1980 and the First and Second Protocols of 1988 together with the Conventions on accession of 1984, 1992, 1996 and 2005. They are to enter into force in relation to the Republic of Bulgaria and of Romania on the date determined by the Council.
(8) In accordance with Article 3(4) of the Act of Accession of 2005 the Council is to make all adjustments required by reason of the accession of the Republic of Bulgaria and of Romania to those conventions and protocols,
Article 2(a) of the First Protocol of 1988 on the interpretation by the Court of Justice of the European Communities of the Convention of 1980 is hereby amended as follows:
(a) between the second and third indents, the following indent shall be inserted:
‘— in Bulgaria:
(b) between the 20th and 21st indents, the following indent shall be inserted:
‘— in Romania:
1. The Convention of 1980 and the First and Second Protocols of 1988, together with the Conventions of 1984, 1992 and 1996, as amended by this Decision, shall enter into force between the Republic of Bulgaria, Romania and the other Member States on the 15 January 2008.
2. The Convention of 2005 shall enter into force between the Republic of Bulgaria, Romania and the Member States for which it entered into force before the 15 January 2008 on that date.
3. The Convention of 2005 shall enter into force between the Republic of Bulgaria, Romania and the Member States for which it has not yet entered into force on the date laid down in Article 5(2) of that Convention.
The texts of the Convention of 1980 and the First and Second Protocols of 1988, together with the Conventions of 1984, 1992, 1996 and 2005, drawn up in the Bulgarian and Romanian languages and annexed to this Decision, shall be authentic under the same conditions as the other language versions of these Conventions and Protocols.
A single original of these texts in the Bulgarian and Romanian languages shall be deposited in the archives of the General Secretariat of the Council of the European Union with the other authentic language versions.
The Secretary-General shall transmit to the Governments of the Republic of Bulgaria and Romania a certified copy of the Conventions and Protocols referred to in the first subparagraph in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages.
This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union. | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31978R0668 | Commission Regulation (EEC) No 668/78 of 4 April 1978 amending Regulation (EEC) No 2118/74 laying down detailed rules for the application of the system of reference prices for fruit and vegetables
| COMMISSION REGULATION (EEC) No 668/78 of 4 April 1978 amending Regulation (EEC) No 2118/74 laying down detailed rules for the application of the system of reference prices for fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EEC) No 1034/77 (2), and in particular Article 27 (1) thereof,
Whereas Commission Regulation (EEC) No 2118/74 of 9 August 1974 laying down detailed rules for the application of the system of reference prices for fruit and vegetables (3) specifies the markets on which the prices of imported products to be taken into account for the purpose of calculating the entry price are recorded;
Whereas under present conditions the prices of substantial quantities of imported products are not recorded, which could give rise to a false assessment of the market situation ; whereas this state of affairs should be remedied by providing for prices to be recorded on all markets on which substantial transactions are made;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
The following third subparagraph is hereby added to Article 3 (1) of Regulation (EEC) No 2118/74:
"If, for a particular product, a particular country of dispatch and a particular day, a Member State establishes that important transactions took place on markets other than those mentioned in Article 4, the prices to be taken into account for the purpose of calculating the entry price shall also include those quoted on these non-representative markets."
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. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32009R0558 | Commission Regulation (EC) No 558/2009 of 25 June 2009 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 945/2008 for the 2008/2009 marketing year
| 26.6.2009 EN Official Journal of the European Union L 164/40
COMMISSION REGULATION (EC) No 558/2009
of 25 June 2009
amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 945/2008 for the 2008/2009 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
Whereas:
(1) The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2008/2009 marketing year are fixed by Commission Regulation (EC) No 945/2008 (3). These prices and duties have been last amended by Commission Regulation (EC) No 514/2009 (4).
(2) The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,
The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 945/2008 for the 2008/2009, marketing year, are hereby amended as set out in the Annex hereto.
This Regulation shall enter into force on 26 June 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31989D0436 | 89/436/EEC: Council Decision of 3 May 1989 on the conclusion of the Third Additional Protocol to the Agreement between the European Economic Community and the Swiss Confederation consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community
| 18.7.1989 EN Official Journal of the European Communities L 206/16
COUNCIL DECISION
of 3 May 1989
on the conclusion of the Third Additional Protocol to the Agreement between the European Economic Community and the Swiss Confederation consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community
(89/436/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas a total suspension by the Swiss Confederation of duties on imports from Spain would facilitate trade between the two countries;
Whereas the Additional Protocol to the Agreement between the European Economic Community and the Swiss Confederation (1) consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community, signed in Brussels on 22 July 1972 does not make provision for the Swiss Confederation to suspend customs duties on goods imported from Spain;
Whereas it is therefore necessary to approve a Third Additional Protocol to the abovementioned Agreement in order to provide for the total suspension of duties on products covered by that Agreement imported into Switzerland from Spain,
The Third Additional Protocol to the Agreement between the European Economic Community and the Swiss Confederation consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community is hereby approved on behalf of the Community.
The text of the Protocol is attached to this Decision.
The President of the Council shall give the notification provided for in Article 3 of the Protocol (2).
This Decision shall take effect on the day following its publication in the Official Journal of the European Communities. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31997R0993 | Commission Regulation (EC) No 993/97 of 2 June 1997 amending Regulation (EEC) No 584/92 laying down detailed rules for the application to milk and milk products of the arrangements provided for in the Europe Agreements between the Community and the Republic of Poland, the Republic of Hungary, the Czech Republic and the Slovak Republic
| COMMISSION REGULATION (EC) No 993/97 of 2 June 1997 amending Regulation (EEC) No 584/92 laying down detailed rules for the application to milk and milk products of the arrangements provided for in the Europe Agreements between the Community and the Republic of Poland, the Republic of Hungary, the Czech Republic and the Slovak Republic
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3491/93 of 13 December 1993 on certain procedures for applying the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part (1), and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 3492/93 of 13 December 1993 on certain procedures for applying the 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 (2), and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 3296/94 of 19 December 1994 on certain procedures for applying the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic of the other part (3), and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 3297/94 of 19 December 1994 on certain procedures for applying the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part (4), and in particular Article 1 thereof,
Whereas Council Decision No 3/96 of the Association Council, association between the European Communities and their Member States, of the one part and of the Republic of Hungary of the other part (5) amends Protocol 4 to the Europe Agreement with effect from 1 July 1997; whereas the new Protocol lays down that the proof of origin of products imported into the Community may be established by a declaration by the exporter under certain conditions as well as by the submission of the EUR. 1 certificate; whereas, therefore, Commission Regulation (EEC) No 584/92 (6), as last amended by Regulation (EC) No 528/97 (7), should be amended as regards the rules on the release for free circulation of products imported from the Republic of Hungary;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
Article 8 of Regulation (EEC) No 584/92 is hereby replaced by the following:
'Article 8
The products shall be placed in free circulation on presentation of an EUR. 1 certificate issued by the exporting country in accordance with Protocol 4 to the Europe Agreements concluded with the said countries, or, in the case of products imported from the Czech Republic or from the Republic of Hungary, of a declaration by the exporter in accordance with the provisions of the said Protocol.`
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 1 July 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31993R3482 | COMMISSION REGULATION (EC) No 3482/93 of 17 December 1993 on the issuing of import licences for bananas in the context of the tariff quota for the first quarter of 1994
| COMMISSION REGULATION (EC) No 3482/93 of 17 December 1993 on the issuing of import licences for bananas in the context of the tariff quota for the first quarter of 1994
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organization of the market in bananas (1), and in particular Article 20 thereof,
Whereas Article 9 (3) of Commission Regulation (EEC) No 1442/93 of 10 June 1993 laying down detailed rules for the application of the arrangements for importing bananas into the Community (2), as last amended by Regulation (EC) No 3297/93 (3), provides that, where the quantities covered by import licence applications from one or more of the categories of operators appreciably exceed the indicative quantity fixed pursuant to Article 9 (1), a single percentage reduction by category is to be set, to be applied to all applications; whereas, however, this provision does not apply to applications relating to 150 tonnes or less;
Whereas Commission Regulation (EC) No 3298/93 (4) fixes indicative quantities for impors of bananas into the Community for the first quarter of 1994 under the tariff quota;
Whereas the total volume of applications for licence for all of the three categories of operators under the tariff quota, excluding quantities of 150 tonnes or less, is 593 124 tonnes, and appreciably exceeds the indicative quantity of 520 000 tonnes fixed by Regulation (EC) No 3298/93; whereas the prospects for the market during the first quarter of 1994 do not make it possible to provide for satisfactory disposal of the total quantity of bananas applied for; whereas, as a result, distinct single reduction percentages should be fixed for categories A and B excluding requests for quantities of 150 tonnes or less;
Whereas this Regulation should take effect without delay in order to allow licences to be issued as quickly as possible;
Whereas the Management Committee for Bananas has not delivered an opinion within the time limit set by its chairman,
Under the tariff quota for the import of bananas provided for in Articles 18 and 19 of Regulation (EEC) No 404/93, for the first quarter of 1994, import licences shall be issued:
- for the quantity indicated in the licence application, multiplied by a reduction coefficient of 0,904019 % for applications for category A and 0,982181 % for applications for category B,
- for the quantity indicated in the licence application where the latter is 150 tonnes or less.
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. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32005R1498 | Commission Regulation (EC) No 1498/2005 of 15 September 2005 amending Regulation (EC) No 1262/2001 laying down detailed rules for implementing Council Regulation (EC) No 1260/2001 as regards the buying in and the sale of sugar by intervention agencies
| 16.9.2005 EN Official Journal of the European Union L 240/39
COMMISSION REGULATION (EC) No 1498/2005
of 15 September 2005
amending Regulation (EC) No 1262/2001 laying down detailed rules for implementing Council Regulation (EC) No 1260/2001 as regards the buying in and the sale of sugar by intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in the sugar sector (1), and in particular Article 9(3) thereof,
Whereas:
(1) Pursuant to Article 18(2) of Commission Regulation (EC) No 1262/2001 (2), intervention agencies may require that sugar to be delivered for intervention be packed in jute bags lined with polythene.
(2) New forms of packaging for foodstuffs have been developed during the last few years. Intervention agencies that require certain of these new forms of packaging should require that such packaging complies with Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (3).
(3) Regulation (EC) No 1262/2001 should therefore be amended accordingly.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
In Article 18(2) of Regulation (EC) No 1262/2001 the second subparagraph is replaced by:
‘Intervention agencies that require or accept that the sugar be delivered in forms of packaging other than those provided for in the first subparagraph shall require that such packaging complies with the requirements laid down in Regulation (EC) No 1935/2004 of the European Parliament and of the Council (4). The intervention agency may specify a particular quality of packaging.
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. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31983L0642 | Council Directive 83/642/EEC of 12 December 1983 prolonging the period of validity of Article 7 (1) (C) and (E) of Directive 64/432/EEC
| COUNCIL DIRECTIVE
of 12 December 1983
prolonging the period of validity of Article 7 (1) (C) and (E) of Directive 64/432/EEC
(83/642/EEC)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic 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 by Directive 82/893/EEC (2), and in particular Article 7 (1) (C) and (E) thereof,
Having regard to the proposal from the Commission,
Whereas Directive 64/432/EEC laid down, for intra-Community trade in bovine animals, health guarantees relating to brucellosis; whereas, however, Article 7 (1) (C) thereof allows Member States to grant derogations until 31 December 1983 concerning trade in bovine animals which are intended for meat production and which are under 30 months of age; whereas Article 7 (1) (E) of that Directive also allows Member States to grant derogations concerning trade in bovine animals which are intended for meat production and which are under 42 days of age or have been castrated before the age of four months; whereas these authorizations may also be applied in respect of bovine animals intended for slaughter;
Whereas it is appropriate to facilitate trade in bovine animals while at the same time taking account of the current brucellosis situation in certain Member States;
Whereas the Community is successfully applying an accelerated scheme for brucellosis eradication;
Whereas, however, in certain Member States the total elimination of brucellosis has not yet been achieved, although it is expected that this objective will be realized within the next two years;
Whereas it is therefore necessary to prolong the period of validity of Article 7 (1) (C) and (E),
The period of validity of Article 7 (1) (C) and (E) of Directive 64/432/EEC is hereby prolonged until 31 December 1985.
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1984. They shall forthwith inform the Commission thereof.
This Directive is addressed to the Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31998D0205 | 98/205/EC: Commission Decision of 3 March 1998 concerning the extension of an exemption granted to Germany pursuant to Article 8(2)(c) of Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (Only the German text is authentic)
| COMMISSION DECISION of 3 March 1998 concerning the extension of an exemption granted to Germany pursuant to Article 8(2)(c) of Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (Only the German text is authentic) (98/205/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by European Parliament and Council Directive 97/27/EC (2), and in particular Article 8(2)(c) thereof,
Whereas by Decision 96/21/EC (3) the Commission approved the request for an exemption submitted by the Federal Republic of Germany pursuant to Article 8(2)(c) of Directive 70/156/EEC concerning one type of gas discharge lamp for three types of headlamp for motor vehicles, meeting the requirements of UNECE (United Nations Economic Commission for Europe) Regulations Nos 8, 98 and 99, with a view to the granting of EC type approval;
Whereas the request for an extension of the exemption submitted by Germany on 16 July 1997 is justified by the fact that the measures needed to adapt the Directives which were the subject of that exemption have not yet come into force and the exemption should therefore be extended until the entry into force of the adaptations to those directives and, in any case, for a maximum period of 24 months;
Whereas the measure provided for by this Decision is in accordance with the opinion of the Committee on Adaptation to Technical progress set up by Directive 70/156/EEC,
The exemption granted to Germany by Decision 96/21/EC is hereby extended until the entry into force of the adaptations to the directives concerned and, in any case, for a period not exceeding twenty-four months.
This Decision is addressed to the Federal Republic of Germany. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32004R1200 | Commission Regulation (EC) No 1200/2004 of 29 June 2004 opening tendering procedure No 52/2004 EC for the sale of wine alcohol for new industrial uses
| 30.6.2004 EN Official Journal of the European Union L 230/9
COMMISSION REGULATION (EC) No 1200/2004
of 29 June 2004
opening tendering procedure No 52/2004 EC for the sale of wine alcohol for new industrial uses
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 33 thereof,
Whereas:
(1) Commission Regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms (2) lays down, inter alia, the detailed rules for disposing of stocks of alcohol arising from distillation under Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 held by intervention agencies.
(2) In accordance with Article 80 of Regulation (EC) No 1623/2000, tendering procedures should be organised for the sale of wine alcohol for new industrial uses with a view to reducing the stocks of wine alcohol in the Community and enabling small-scale industrial projects to be carried out and such alcohol to be processed into goods intended for export for industrial uses. The wine alcohol of Community origin in storage in the Member States consists of quantities produced from distillation under Articles 27, 28 and 30 of Regulation (EC) No 1493/1999.
(3) Since 1 January 1999 and in accordance with Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (3), the prices offered in tenders and securities must be expressed in euro and payments must be made in euro.
(4) Minimum prices should be fixed for the submission of tenders, broken down according to the type of end-use.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,
Tendering procedure No 52/2004 EC is hereby opened for the sale of wine alcohol for new industrial uses. The alcohol concerned has been produced from distillation under Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 and is held by the French intervention agency.
The volume put up for sale is 100 000 hectolitres of alcohol at 100 % vol. The vat numbers, places of storage and the volume of alcohol at 100 % vol contained in each vat are detailed in the Annex hereto.
The sale shall be conducted in accordance with Articles 79, 81, 82, 83, 84, 85, 95, 96, 97, 100 and 101 of Regulation (EC) No 1623/2000 and Article 2 of Regulation (EC) No 2799/98.
1. Tenders must be submitted to the intervention agency holding the alcohol concerned:
Onivins-Libourne, Délégation nationale
17, avenue de la Ballastière, boîte postale 231
F-33505 Libourne Cedex
tel. (33-5) 57 55 20 00
telex: 57 20 25
fax: (33-5) 57 55 20 59,
or sent by registered mail to that address.
2. Tenders shall be submitted in a sealed double envelope, the inside envelope marked: ‘Tender under procedure No 52/2004 EC for new industrial uses’, the outer envelope bearing the address of the intervention agency concerned.
3. Tenders must reach the intervention agency concerned not later than 12.00 Brussels time on 27 July 2004.
4. All tenders must be accompanied by proof that a tendering security of EUR 4 per hectolitre of alcohol at 100 % vol has been lodged with the intervention agency concerned.
The minimum prices which may be offered are EUR 8,60 per hectolitre of alcohol at 100 % vol intended for the manufacture of baker's yeast, EUR 26 per hectolitre of alcohol at 100 % vol intended for the manufacture of amine- and chloral-type chemical products for export, EUR 32 per hectolitre of alcohol at 100 % vol intended for the manufacture of eau de Cologne for export and EUR 7,50 per hectolitre of alcohol at 100 % vol intended for other industrial uses.
The formalities for sampling shall be as set out in Article 98 of Regulation (EC) No 1623/2000. The price of samples shall be EUR 10 per litre.
The intervention agency shall provide all the necessary information on the characteristics of the alcohol put up for sale.
The performance guarantee shall be EUR 30 per hectolitre of alcohol at 100 % vol.
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. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32005R1162 | Commission Regulation (EC) No 1162/2005 of 19 July 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables
| 20.7.2005 EN Official Journal of the European Union L 188/1
COMMISSION REGULATION (EC) No 1162/2005
of 19 July 2005
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
This Regulation shall enter into force on 20 July 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32014R0843 | Commission Implementing Regulation (EU) No 843/2014 of 23 July 2014 entering a name in the register of protected designations of origin and protected geographical indications (Upplandskubb (PDO))
| 5.8.2014 EN Official Journal of the European Union L 232/1
COMMISSION IMPLEMENTING REGULATION (EU) No 843/2014
of 23 July 2014
entering a name in the register of protected designations of origin and protected geographical indications (Upplandskubb (PDO))
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
Whereas:
(1) Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Sweden's application to register the name ‘Upplandskubb’ was published in the Official Journal of the European Union
(2).
(2) As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Upplandskubb’ should therefore be entered in the register,
The name ‘Upplandskubb’ (PDO) is hereby entered in the register.
The name referred to in the first paragraph identifies a product in Class 2.3. bread, pastry, cakes, confectionery, biscuits and other baker's wares in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31993R1145 | COMMISSION REGULATION (EEC) No 1145/93 of 10 May 1993 re-restablishing the levying of customs duties on products falling within CN code 8712 00, originating in China, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3831/90 apply
| COMMISSION REGULATION (EEC) No 1145/93 of 10 May 1993 re-restablishing the levying of customs duties on products falling within CN code 8712 00, 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 Article 1 of Regulation (EEC) No 3831/90, duties on certain products originating in each of the countries or territories listed in Annex III shall be totally suspended for 1993, and the products as such shall, as a general rule, be subject to statistical surveillance every three months on the reference base referred to in Article 8;
Whereas, as provided for in Article 8, where the increase of preferential imports of these products, originating in one or more beneficiary countries, threatens to cause economic difficulties in a region of the Community, the levying of customs duties may be re-established once the Commission has had an appropriate exchange of information with the Member States; whereas for this purpose the reference base to be considered shall be, as a general rule, equal to 6,615 % of the total importations into the Community, originating from third countries in 1988;
Whereas, in the case of products falling within CN code 8712 00, originating in China, the reference base is fixed at ECU 9 454 000; whereas, on 3 February 1993, imports of these products into the Community originating in China, reached the reference base in question after being charged thereagainst; whereas the exchange of information organized by the Commission has demonstrated that continuance of the reference threatens to cause economic difficulties in a region of the Community; whereas, therefore, customs duties in respect of the products in question must be re-established against China,
As from 15 May 1993, the levying of customs duties, suspended pursuant to Council Regulation (EEC) No 3831/90, shall be re-established on imports into the Community of the following products originating in China:
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. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
31993R3178 | COUNCIL REGULATION (EC) No 3178/93 of 16 November 1993 setting for the 1993/94 marketing year the percentage referred to in Article 3 (1) (a) of Regulation (EEC) No 426/86 in connection with the premium granted for products processed from tomatoes
| COUNCIL REGULATION (EC) No 3178/93 of 16 November 1993 setting for the 1993/94 marketing year the percentage referred to in Article 3 (1) (a) of Regulation (EEC) No 426/86 in connection with the premium granted for products processed from tomatoes
THE COUNCIL OF THE EUROPEAN UNION
,
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), and in particular Article 3 (3) thereof,
Having regard to the proposal from the Commission,
Whereas, in order to encourage the conclusion of contracts between groups of tomato producers on the one hand and associations of processors or processors on the other, Regulation (EEC) No 426/86 provides for the grant on certain terms of an additional premium;
Whereas the 'significant specific percentage' for the total quantity of processed tomatoes covered by contracts concluded with producers' groups must be set for the 1993/94 marketing year;
Whereas, in view of the important role played by tomato producers' groups in the producer Member States, it is desirable to maintain at the same level as for the 1992/93 marketing year the percentage of the quantities of tomatoes covered by contracts concluded with producers' associations in relation to the total quantity of processed tomatoes,
For the 1993/94 marketing year the percentage mentioned in Article 3 (1) (a) of Regulation (EEC) No 426/86 shall be 80 %.
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. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31984R1385 | Council Regulation (EEC) No 1385/84 of 15 May 1984 opening, allocating and providing for the administration of a Community tariff quota for certain wines having a registered designation of origin, falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Morocco (1984/85)
| COUNCIL REGULATION (EEC) No 1385/84
of 15 May 1984
opening, allocating and providing for the administration of a Community tariff quota for certain wines having a registered designation of origin, falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Morocco (1984/85)
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) stipulates in Article 21 that certain wines having a registered designation of origin, falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Morocco, specified in the Agreement in the form of an exchange of letters of 12 March 1977 (2), shall be imported into the Community free of customs duties within the limits of an annual Community tariff quota of 50 000 hectolitres; whereas these wines must be put up in containers holding two litres or less; whereas the tariff quota in question should therefore be opened for the period 1 July 1984 to 30 June 1985;
Whereas the wines in question are subject to compliance with the free-at-frontier reference price; whereas the wines in question may benefit from this tariff quota on condition that Article 18 of Regulation (EEC) No 337/79 (3), as last amended by Regulation (EEC) No 1595/83 (4), is complied with;
Whereas it is in particular necessary to ensure equal and uninterrupted access for all Community importers to the abovementioned quota, and uninterrupted application of the rates laid down for this quota to all imports of the products concerned into the Member States until the quota has been used up; whereas, having regard to the above principles, the Community nature of the quota can be respected by allocating the Community tariff quota among the Member States; whereas, in order to reflect most accurately the actual development of the market in the products in question, such allocation should be in proportion to the requirements of the Member States, assessed by reference to both the statistics relating to imports of the said products from Morocco over a representative reference period and the economic outlook for the quota period concerned;
Whereas in this case, however, neither Community nor national statistics showing the breakdown for each of the types of wines in question are available and no reliable estimates of future imports can be made; whereas, in these circumstances, the quota volume should be allocated in initial shares, taking into account demand for these wines on the markets of the various Member States;
Whereas, to take into account import trends for the products concerned in the various Member States, the quota amount should be divided into two instalments, the first being allocated among the Member States and the second held as a reserve intended to cover at a later date the requirements of Member States who have used up their initial share; whereas, in order to guarantee some degree of security to importers in each Member State, the first instalment of the Community quota should be fixed at a level which could, in the present circumstances, be 50 % of the quota volume;
Whereas the initial shares of the Member States may be used up at different rates; whereas, in order to take this into account and to avoid a break in continuity, any Member State which has used up almost all of its initial share should draw an additional share from the reserve; whereas this should be done by each Member State each time one of its additional shares is almost used up, and so on as many times as the reserve allows; whereas the initial and additional shares must be valid until the end of the quota period; whereas this form of administration requires close collaboration between the Member States and the Commission, and the Commission must be in a position to follow the extent to which the quota volume has been used up and inform the Member States thereof;
Whereas, if at a given date in the quota period a substantial quantity of its initial share remains unused in any Member State, it is essential that it should return a significant proportion thereof to the reserve, to prevent part of the Community quota remaining unused in one Member State when it could be used in others;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, all transactions concerning the administration of the shares allocated to that economic union may be carried out by any one of its members,
1. For the period 1 July 1984 to 30 June 1985, a Community tariff quota of 50 000 hectolitres shall be opened for the following products originating in Morocco:
1.2 // // // CCT heading No // Description // // // 22.05 // Wine of fresh grapes; grape must with fermentation arrested by the addition of alcohol: // // C. Other: // // - Wines entitled to one of the following designations of origin: // // Berkane, SaĂŻs, Beni M'Tir, Guerrouane, Zemmour, Zennata of an actual alcoholic strength, not exceeding 15 % vol, in containers holding two litres or less // //
2. Within this tariff quota the Common Customs Tariff duties applicable to these wines shall be totally suspended.
Within the limits of these tariff quotas, the Hellenic Republic shall apply duties calculated in accordance with the relevant provisions in the 1979 Act of Accession and Regulation (EEC) No 3511/81 (1).
3. The wines in question shall be subject to compliance with the free-at-frontier reference price.
The wines in question shall benefit from this tariff quota on condition that Article 18 of Regulation (EEC) No 337/79 is complied with.
4. Each of these wines, when imported, shall be accompanied by a certificate of designation of origin, issued by the relevant Moroccan authority, in accordance with the model annexed to this Regulation.
1. The tariff quota laid down in Article 1 shall be divided into two instalments.
2. A first instalment of the quota shall be allocated among the Member States; the shares, which subject to Article 5 shall be valid up to 30 June 1985, shall be as follows:
1.2 // // (hectolitres) // Benelux // 4 000 // Denmark // 2 350 // Germany // 5 000 // Greece // 950 // France // 4 650 // Ireland // 1 700 // Italy // 2 350 // United Kingdom // 4 000
3. The second instalment of the quota, amounting to 25 000 hectolitres, shall constitute the reserve.
1. If 90 % or more of a Member State's initial share, as specified in Article 2 (2), or of that share less the portion returned to the reserve where Article 5 has been applied, has been used up, that Member State shall, without delay, by notifying the Commission, draw a second share equal to 15 % of its initial share, rounded up where necessary to the next whole number, in so far as the amount in the reserve allows.
2. If, after its initial share has been used up, 90 % or more of the second share drawn by a Member State has been used up, that Member State shall, in accordance with the conditions laid down in paragraph 1, draw a third share equal to 7,5 % of its initial share.
3. If, after its second share has been used up, 90 % or more of the third share drawn by a Member State has been used up, that Member State shall, in accordance with the conditions laid down in paragraph 1, draw a fourth share equal to the third.
This process shall continue to apply until the reserve is used up.
4. Notwithstanding paragraphs 1, 2 and 3, Member States may draw smaller shares than those fixed in these paragraphs if there is reason to believe that those fixed might not be used up. They shall inform the Commission of their grounds for applying this paragraph.
The additional share drawn pursuant to Article 3 shall be valid until 30 June 1985.
Member States shall return to the reserve, not later than 1 April 1985, such unused portion of their initial share which, on 15 March 1985, is in excess of 20 % of the initial amount. They may return a greater quantity if there are grounds for believing that this quantity might not be used in full.
Member States shall notify the Commission, not later than 1 April 1985 of the total imports of the products concerned effected under the Community quotas up to and including 15 March 1985 and, where appropriate, the proportion of their initial share that they are returning to the reserve.
The Commission shall keep an account of the shares opened by Member States pursuant to Articles 2 and 3 and, as soon as it has been notified, shall inform each Member State of the extent to which the reserve has been used up.
It shall notify the Member States, not later than 5 April 1985 of the state of the reserve after quantities have been returned thereto pursuant to Article 5.
It shall ensure that the drawing which uses up the reserve is limited to the balance available and, to this end, shall specify the amount thereof to the Member State making the final drawing.
1. Member States shall take all measures necessary to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged without interruption against their aggregate shares in the Community quota.
2. Member States shall ensure that importers of the products concerned have free access to the shares allocated to them.
3. The Member States shall charge the imports of the products concerned against their share as and when the products are entered with customs authorities for free circulation.
4. The extent to which a Member State has used up its shares shall be determined on the basis of the imports charged in accordance with paragraph 3.
At the request of the Commission, Member States shall inform it of imports actually charged against their shares.
The Member States and the Commission shall collaborate closely in order to ensure that this Regulation is observed.
0
This Regulation shall enter into force on 1 July 1984.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
32003R1591 | Commission Regulation (EC) No 1591/2003 of 11 September 2003 fixing the maximum export refund for white sugar to certain third countries for the fifth partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1290/2003
| Commission Regulation (EC) No 1591/2003
of 11 September 2003
fixing the maximum export refund for white sugar to certain third countries for the fifth partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1290/2003
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 680/2002(2), and in particular Article 27(5) thereof,
Whereas:
(1) Commission Regulation (EC) No 1290/2003 of 18 July 2003 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar(3), for the 2003/2004 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries.
(2) Pursuant to Article 9(1) of Regulation (EC) No 1290/2003 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question.
(3) Following an examination of the tenders submitted in response to the fifth partial invitation to tender, the provisions set out in Article 1 should be adopted.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
For the fifth partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1290/2003 the maximum amount of the export refund to certain third countries is fixed at 51,455 EUR/100 kg.
This Regulation shall enter into force on 12 September 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31985R3520 | Council Regulation (ECSC, EEC, Euratom) No 3520/85 of 12 December 1985 amending Regulation (Euratom, ECSC, EEC) No 549/69 determining the categories of officials and other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the Privileges and Immunities of the Communities apply
| 13.12.1985 EN Official Journal of the European Communities L 335/60
COUNCIL REGULATION (ECSC, EEC, (EURATOM) NO 3520/85
of 12 December 1985
amending Regulation (Euratom, ECSC, EEC) No 549/69 determining the categories of officials and other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the Privileges and Immunities of the Communities apply
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing a single Council and a single Commission of the European Communities, and in particular the first paragraph of Article 28 thereof,
Having regard to the Protocol on the Privileges and Immunities of the European Communities, and in particular Articles 16 and 22 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Court of Justice,
Whereas Regulation (Euratom, ECSC, EEC) No 549/69 (2), as last amended by Regulation (ECSC, EEC, Euratom) No 2152/82 (3), should be amended in order to take account of the following Regulations:
— Council Regulation (ECSC, EEC, Euratom) No 1679/85 of 19 June 1985 introducing special and temporary measures to terminate the service of certain officials in the scientific and technical services of the European Communities (4),
— Council Regulation (ECSC, EEC, Euratom) No 2799/85 of 27 September 1985 amending the Staff Regulations of officials and the conditions of employment of other servants (5),
— Council Regulation (ECSC, EEC, Euratom) No 3518/85 of 12 December 1985 introducing special measures to terminate the service of officials of the European Communities as a result of the accession of Spain and Portugal (6),
The following subparagraphs are hereby added to Article 2 of Regulation (Euratom, ECSC, EEC) No 549/69:
‘(i) those entitled to the allowance provided for in the event of termination of service under Article 3 of Regulation (ECSC, EEC, Euratom) No 1679/85,
(j) those entitled to the unemployment benefit provided for under Article 28 a of the Conditions of Employment of Other Servants as resulting from Article 33 of Regulation (ECSC, EEC, Euratom) No 2799/85,
(k) those entitled to the allowance provided for in the event of termination of service under Article 4 of Regulation (ECSC, EEC, Euratom) No 3518/85.’
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from the date on which the respective Regulations referred to in Article 1 enter into force.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31981R1723 | Council Regulation (EEC) No 1723/81 of 24 June 1981 establishing general rules relating to measures designed to maintain the level of use of butter by certain categories of consumer and industry
| COUNCIL REGULATION (EEC) No 1723/81 of 24 June 1981 establishing general rules relating to measures designed to maintain the level of use of butter by certain categories of consumer and industry
THE COUNCIL 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 the 1979 Act of Accession, and in particular Article 12 (2) thereof,
Having regard to the proposal from the Commission,
Whereas Article 12 (1) of Regulation (EEC) No 804/68 provides that measures other than those laid down in Article 6 of that Regulation may be taken for butter in order to facilitate its disposal whenever surpluses are building up or are likely to do so;
Whereas a feature of the butter market at the present time is that public stocks are relatively low ; whereas, however, in respect of the medium-term, surpluses persist on this market and the threat of a sharp build-up of butter in public storage is a real one ; whereas, accordingly, provision should be made on a temporary basis to enable certain categories of consumer and industry which have so far enjoyed price reductions for butter from public stocks under special measures adopted pursuant to Article 6 (3) of Regulation (EEC) No 804/68 to obtain supplies on the market ; whereas, for this purpose, aids should be instituted reducing the price of butter to a level comparable with that paid for intervention butter;
Whereas, by the nature of their objective, the operations referred to above necessitate the adoption of appropriate measures to ensure that the butter is in fact used as prescribed;
Whereas detailed rules should be laid down for verification of the proper use of the butter and for the implementation of the measures in relation with the operations planned so as to meet the needs of each operation,
It may be decided that aids should be granted to allow purchases of butter at reduced prices by: (a) non-profit making institutions and organizations;
(b) military forces and units of comparable status in the Member States;
(c) manufacturers of pastry products and ice-cream.
The term "butter" within the meaning of this Regulation also comprises concentrated butter.
Appropriate measures shall be taken to ensure that the butter is actually used for the stated purpose.
Detailed rules of implementation of this Regulation shall include, in particular, the amount of the aid, supervision measures designed to ensure compliance with stated use and, where appropriate, the sales price, characteristics and the packaging of the butter.
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. | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32006R1137 | Commission Regulation (EC) No 1137/2006 of 26 July 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables
| 27.7.2006 EN Official Journal of the European Union L 205/13
COMMISSION REGULATION (EC) No 1137/2006
of 26 July 2006
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
This Regulation shall enter into force on 27 July 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31994R3313 | Council Regulation (EC) No 3313/94 of 22 December 1994 establishing a transitional regime applicable to the importation into Austria, Finland and Sweden of certain textile products falling under Regulations (EEC) No 3951/92, (EEC) No 3030/93 and (EC) no 517/94
| COUNCIL REGULATION (EC) No 3313/94 of 22 December 1994 establishing a transitional regime applicable to the importation into Austria, Finland and Sweden of certain textile products falling under Regulations (EEC) No 3951/92, (EEC) No 3030/93 and (EC) no 517/94
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) No 3951/92 of 29 December 1992 on the arrangements for imports of certain textile products originating in Taiwan (1), Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries (2) and 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 (3) establish annual quantitative limits on the importation into the Community of certain textile products originating in certain third countries;
Whereas, according to Article 2 of the Act concerning the conditions of accession and the adjustments to the Treaties on which the Union is founded (4), hereinafter referred to as the 'Act of Accession', the said Regulations and in particular the quantitative limits which the institute, duly adjusted, when necessary, to take into account the enlargement of the European Union, shall be applicable to the acceding countries, subject to their accession and from the date of entry info force of the Act of Accession;
Whereas, in order to ensure a smooth transition between the import regime that existed and will exist in the acceding countries before and after the accession, it appears appropriate to allow, under certain conditions, the importation of products covered by Annex I of Regulation (EEC) No 3951/92 originating in and shipped from Taiwan before 1 January 1995 and destined for Austria, Finland and Sweden, and to provide therefore that these imports, for a transitional period not exceeding 31 March 1995, should be exempted from the scope of application of the rules of Regulation (EEC) No 3951/92, provided that the products in question are presented for release for free circulation before that date in Austria, Finland and Sweden, are exclusively intended for domestic consumption in these countries and would have been admitted into the territory of the acceding country concerned under the national import regime that would have been applied to them before the date of accession;
Whereas, in order to ensure a smooth transition between the import regime that existed and will exist in the acceding countries before and after the accession, it appears appropriate to allow, under certain conditions, the importation of products covered by Annex I of Regulation (EEC) No 3030/93 originating in and shipped from one of the countries listed in Annex II of Regulation (EEC) No 3030/93 before 1 January 1995 and destined for Austria, Finland and Sweden, and to provide therefore that these imports, for a transitional period not exceeding 31 March 1995, should be exempted from the scope of application of the rules of Regulation (EEC) No 3030/93, provided that the products in question are presented for release for free circulation before that date in Austria, Finland and Sweden, are exclusively intended for domestic consumption in these countries and would have been admitted into the territory of the acceding country concerned under the national import regime that would have been applied to them before the date of accession;
Whereas, in order to ensure a smooth transition between the import regime that existed and will exist in the acceding countries before and after the accession, it appears appropriate to allow, under certain conditions, the importation of products covered by Annex I of Regulation (EC) No 517/94 originating in and shipped from one of the countries listed in Annex II of Regulation (EC) No 517/94 before 1 January 1995 and destined for Austria, Finland and Sweden, and to provide therefore that these imports, for a transitional period not exceeding 31 March 1995, should be exempted from the scope of application of the rules of Regulation (EC) No 517/94, provided that the products in question are presented for release for free circulation before that date in Austria, Finland and Sweden, are exclusively intended for domestic consumption in these countries and would have been admitted into the territory of the acceding country concerned under the national import regime that would have been applied to them before the date of accession,
Products covered by Annex I to Regulation (EEC) No 3951/92 originating in and shipped from Taiwan before 1 January 1995 and destined for Austria, Finland and Sweden shall not be subject to the provisions of Regulation (EEC) No 3951/92, provided that the products in question are presented for release for free circulation before 31 March 1995 in Austria, Finland and Sweden, are exclusively intended for domestic consumption in these countries and would have been admitted into the territory of the acceding countries concerned under the national import regime that would have been applied to them before the date of accession.
Products covered by Annex I to Regulation (EEC) No 3030/93 originating in and shipped from one of the countries listed in Annex II of Regulation (EEC) No 3030/93 before 1 January 1995 and destined for Austria, Finland and Sweden shall not be subject to the provisions of Regulation (EEC) No 3030/93, provided that the products in question are presented for release for free circulation before 31 March 1995 in Austria, Finland and Sweden, are exclusively intended for domestic consumption in these countries and would have been admitted into the territory of the acceding countries concerned under the national import regime that would have been applied to them before the date of accession.
All products imported after the date of accession into the territory of the new Member States to which the Treaty establishing the European Community applies shall be subject to the provisions of Regulation (EEC) No 3030/93 and in particular to the quantitative limits established thereunder pending the signature and approval of the protocols amending the existing bilateral agreements or arrangements to take into account the accession of Austria, Finland and Sweden to the European Union provided for in Articles 75, 100 and 127 of the Act of Accession.
Products covered by Annex I to Regulation (EC) No 517/94 originating in and shipped from one of the countries listed in Annex II of Regulation (EC) No 517/94 before 1 January 1995 and destined for Austria, Finland and Sweden shall not be subject to the provisions of Regulation (EC) No 517/94, provided that the products in question are presented for release for free circulation before 31 March 1995 in Austria, Finland and Sweden, are exclusively intended for domestic consumption in these countries and would have been admitted into the territory of the acceding countries concerned under the national import regime that would have been applied to them before the date of accession.
This Regulation shall enter into force on 1 January 1995, subject to the entry into force on that date of the Treaty concerning the accession of Austria, Finland and Sweden to the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32009R0108 | Commission Regulation (EC) No 108/2009 of 5 February 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
| 6.2.2009 EN Official Journal of the European Union L 37/1
COMMISSION REGULATION (EC) No 108/2009
of 5 February 2009
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
This Regulation shall enter into force on 6 February 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32008R0790 | Commission Regulation (EC) No 790/2008 of 7 August 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
| 8.8.2008 EN Official Journal of the European Union L 213/17
COMMISSION REGULATION (EC) No 790/2008
of 7 August 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 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,
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
This Regulation shall enter into force on 8 August 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32007R0917 | Commission Regulation (EC) No 917/2007 of 31 July 2007 setting, for the 2007/2008 marketing year, the minimum price to be paid to producers for unprocessed dried figs and the production aid for dried figs
| 1.8.2007 EN Official Journal of the European Union L 200/40
COMMISSION REGULATION (EC) No 917/2007
of 31 July 2007
setting, for the 2007/2008 marketing year, the minimum price to be paid to producers for unprocessed dried figs and the production aid for dried figs
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (1), and in particular Articles 6b(3) and 6c(7) thereof,
Whereas:
(1) Article 3(1)(c) of Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables (2), lays down the dates of the marketing year for dried figs.
(2) Article 1 of Commission Regulation (EC) No 1573/1999 of 19 July 1999 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the characteristics of dried figs qualifying for aid under the production aid scheme (3) lays down the criteria which products must meet to benefit from the minimum price and payment of the aid.
(3) The minimum price and production aid should therefore be set for the 2007/2008 marketing year in accordance with the criteria laid down respectively by Articles 6b and 6c of Regulation (EC) No 2201/96.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
For the 2007/2008 marketing year the minimum price for unprocessed dried figs referred to in Article 6a(2) of Regulation (EC) No 2201/96 shall be EUR 1 018,38 per tonne net ex-producer’s premises.
For the 2007/2008 marketing year the production aid for dried figs referred to in Article 6a(1) of Regulation (EC) No 2201/96 shall be EUR 258,57 per tonne net.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31976L0763 | Council Directive 76/763/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to passenger seats for wheeled agricultural or forestry tractors
| COUNCIL DIRECTIVE of 27 July 1976 on the approximation of the laws of the Member States relating to passenger seats for wheeled agricultural or forestry tractors (76/763/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the technical requirements with which tractors must comply pursuant to national laws relate inter alia to passenger seats;
Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules in order, in particular, to allow the EEC type-approval procedure which was the subject of Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors, to be applied in respect of each type of tractor (3);
Whereas this Directive is intended to harmonize national provisions for the design and installation of passenger seats on agricultural tractors but not to standardize the requirements as to whether or not agricultural tractors are to be fitted compulsorily with such seats ; whereas it is not intended either to standardize the requirements which enable tractors to be fitted with one or more passenger seats ; whereas the problems still outstanding with regard to passenger seats as one of the items appearing on the type-approval certificate must be resolved as soon as possible by supplementing this Directive so that the requirements for the issue of the EEC type-approval may also be established for passenger seats,
1. "Agricultural or forestry tractor" means any motor vehicle fitted with wheels or endless tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and be fitted with passenger seats.
2. This Directive shall apply only to tractors defined in the preceding paragraph which are fitted with pneumatic tyres and have two axles, a maximum design speed of between 6 and 25 km/h and a track width of 1 250 mm or more.
No Member State may refuse to grant EEC type-approval or national type-approval on grounds relating to the passenger seats if the requirements of the Annex have been satisfied.
No Member State may refuse the registration or prohibit the sale, entry into service or use of tractors on grounds relating to the passenger seats if the requirements of the Annex have been satisfied.
Any amendments necessary to adapt the requirements of the Annex to technical progress shall be adopted (1)OJ No 28, 17.2.1967, p. 462/67. (2)OJ No 42, 7.3.1967, p. 620/67. (3)OJ No L 84, 28.3.1974, p. 10.
in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC.
1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
This Directive is addressed to the Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0.333333 | 0 |
32009D0419 | 2009/419/EC,Euratom: Council Decision of 25 May 2009 appointing one Belgian member of the European Economic and Social Committee
| 30.5.2009 EN Official Journal of the European Union L 135/28
COUNCIL DECISION
of 25 May 2009
appointing one Belgian member of the European Economic and Social Committee
(2009/419/EC, Euratom)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
Having regard to Decision 2006/651/EC, Euratom (1),
Having regard to the proposal of the Belgian Government,
Having regard to the opinion of the Commission,
Whereas a member’s seat on the European Economic and Social Committee has become vacant following the resignation of Ms Christine FAES,
Mr Ronny LANNOO, Adviseur-generaal UNIZO, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.
This Decision shall take effect on the day of its adoption. | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31992R2958 | Commission Regulation (EEC) No 2958/92 of 13 October 1992 on the sale at a price fixed in advance of unprocessed dried grapes (sultanas) from the 1991 harvest held by Greek storage agencies
| COMMISSION REGULATION (EEC) No 2958/92 of 13 October 1992 on the sale at a price fixed in advance of unprocessed dried grapes (sultanas) from the 1991 harvest held by Greek storage agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) No 1569/92 (2), and in particular Article 8 (7) thereof,
Having regard to Council Regulation (EEC) No 1206/90 of 7 May 1990 laying down general rules for the system of production aid for processed fruit and vegetables (3), as amended by Regulation (EEC) No 2202/90 (4), and in particular Article 6 (2) thereof,
Whereas the Greek storage agencies have, pursuant to Commission Regulation (EEC) No 626/85 of 12 March 1985 on the purchasing, selling and storage of unprocessed dried grapes and figs by storage agencies (5), as last amended by Regulation (EEC) No 3601/90 (6), purchased unprocessed dried grapes (sultanas) from the 1991 harvest; whereas in the light of the situation on the market in dried grapes the dried grapes (sultanas) should be offered for sale at prices fixed in advance for processing within the Community for consumption; whereas the selling shall take place in accordance with the provisions of Regulation (EEC) No 626/85;
Whereas when fixing the sale price it must be taken into consideration that the products are no longer eligible for production aid;
Whereas the processing security provided for in Article 6 (1) of Regulation (EEC) No 626/85 shall be fixed at such a level that any abuse can be avoided;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products processed from Fruit and Vegetables,
1. The Greek storage agencies listed in Annex I shall undertake the sale of unprocessed currants from the 1991 harvest, the qualities and prices of which are stated in Annex II.
2. Applications to purchase shall be submitted in writing to each storage agency in question at the headquarters of Idagep, 241 Acharnon Street, GR-Athens.
3. Information on the quantities and the places where the products are stored may be obtained by those concerned from the addresses given in Annex I.
The processing security provided for in Article 6 (1) of Regulation (EEC) No 626/85 shall be ECU 20 per 100 kilograms net.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 16 November 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32004R1650 | Commission Regulation (EC) No 1650/2004 of 21 September 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables
| 22.9.2004 EN Official Journal of the European Union L 297/1
COMMISSION REGULATION (EC) No 1650/2004
of 21 September 2004
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
This Regulation shall enter into force on 22 September 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31989D0066 | 89/66/EEC, Euratom, ECSC: COMMISSION Decision of 22 November 1988 adjusting the weightings applicable from 1 August 1988 to the remuneration of officials of the European Communities serving in non-member countries
| COMMISSION DECISION
of 22 November 1988
adjusting the weightings applicable from 1 August 1988 to the remuneration of officials of the European Communities serving in non-member countries
(89/66/EEC, EURATOM, ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,
Having regard to the Staff Regulations of the Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (ECSC, EEC, Euratom) No 2339/88 (2), and in particular the second paragraph of Article 13 of Annex X thereto,
Whereas, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (ECSC, EEC, Euratom) No 3383/88 (3) laid down the weightings to be applied from 1 July 1988 to the remuneration of officials serving in non-member countries payable in the currency of their country of employment;
Whereas some of these weightings should be adjusted with effect from 1 August 1988 given that the statistics available to the Commission show that in certain non-member countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since the weightings were last laid down,
With effect from 1 August 1988 the weightings applicable to the remuneration of officials serving in non-member countries payable in the currency of their country of employment are hereby adjusted as shown in the Annex.
The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31988D0304 | 88/304/EEC: Council Decision of 16 May 1988 concerning the conclusion of an Agreement in the form of a joint letter addressed to the Director-General of GATT between the European Economic Community and the Kingdom of Thailand negotiated under Article XXVIII of the GATT concerning sweet potatoes falling within CN code 0714 20 00 and intended for uses other than human consumption
| COUNCIL DECISION
of 16 May 1988
concerning the conclusion of an Agreement in the form of a joint letter addressed to the Director-General of GATT between the European Economic Community and the Kingdom of Thailand negotiated under Article XXVIII of the GATT concerning sweet potatoes falling within CN code 0714 20 00 and intended for uses other than human consumption
(88/304/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas, in 1986, it proved necessary to adopt a safeguard measure to limit imports into the Community of sweet potatoes, which had increased in such a way as to cause serious imbalances on the Community cereals market; whereas the conditions which made such a safeguard measure necessary are the result of an imbalance in the Community's external protection against competing agricultural products; whereas it is therefore necessary to replace the safeguard measure by a long-term change in the import arrangements for sweet potatoes intended for use as animal feed;
Whereas, pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT), the Community has notified its intention of changing its tariff concessions for sweet potatoes fallling within subheading 07.06 B of the Common Customs Tariff (CN Code 0714 20 00) and intended for uses other than human consumption;
Whereas the Commission has held negotiations with the Kingdom of Thailand under Article XXVIII of the GATT; whereas it has reached an Agreement with Thailand which is found to be satisfactory,
The Agreement, in the form of a joint letter to the Director-General of GATT, between the European Community and the Kingdom of Thailand, negotiated under Article XXVIII of the GATT, concerning sweet potatoes falling within CN code 0714 20 00 and intended for uses other than human consumption, is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community. | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
31999R0026 | Council Regulation (EC) No 26/1999 of 21 December 1998 adopting autonomous and transitional measures for Europe Agreements with Lithuania, Latvia and Estonia in certain processed agricultural products
| COUNCIL REGULATION (EC) No 26/1999 of 21 December 1998 adopting autonomous and transitional measures for Europe Agreements with Lithuania, Latvia and Estonia in certain processed agricultural products
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas, pending adaptation of Protocol 2 of the Europe Agreements concluded with Estonia, Latvia and Lithuania (1), Regulation (EC) No 2621/97 (2) was adopted, which, until 31 December 1998 maintains the degree of preference granted, thus offsetting possible trade-distorting effects the implementation of the results of the Uruguay Round may have on exports from these countries to the Community;
Whereas, pending adoption of improved concessions granted to Estonia, Latvia and Lithuania by the respective Joint Committees, Regulation (EC) No 2621/97 laid down new concessions on a provisional and autonomous basis;
Whereas the negotiations with the countries concerned for the conclusion of Adaptation Protocols adjusting the trade aspects of the Europe Agreements, hereinafter 'Adaptation Protocols`, have been concluded and new Protocols 2 have been initialled; whereas procedures for the formal adoption of the Adaptation Protocols are under way; whereas the time schedule required for formal adoption may not allow for the entry into force of the Adaptation Protocols with all of the countries concerned on 1 January 1999; whereas it is therefore advisable to provide for extension of the concessions on an autonomous basis until 31 December 1999,
1. From 1 January to 31 December 1999 the goods originating from Lithuania listed in Annex I to this Regulation shall be subject to the annual tariff quotas and preferential duties mentioned in that Annex. The basic amounts to be taken into consideration in calculating the reduced agricultural components and additional duties applicable to the importation into the Community are given in Annex II.
2. From 1 January to 31 December 1999 the goods originating from Latvia listed in Annex III shall be subject to the annual tariff quotas and preferential duties mentioned in that Annex. The basic amounts to be taken into consideration in calculating the reduced agricultural components and additional duties applicable to the importation into the Community are given in Annex II.
3. From 1 January to 31 December 1999 the goods originating from Estonia listed in Annex IV shall be subject to the annual tariff quotas and preferential duties mentioned in that Annex. The basic amounts to be taken into consideration in calculating the reduced agricultural components and additional duties applicable to the importation into the Community are given in Annex II.
1. The concessions applying to trade in processed agricultural products provided for in the Adaptation Protocols with the countries referred to in Article 1 shall replace the concessions provided for in the respective Annexes to this Regulation:
(a) as from 1 January 1999 with regard to those countries for which the Adaptation Protocols are in force by that date, and
(b) from the date of entry into force of the respective Adaptation Protocol with regard to those countries for which the Adaptation Protocols enter into force after 1 January 1999.
2. The detailed rules implementing the measures provided for in this Regulation shall also be applicable for the corresponding measures provided in the Additional Protocols.
The quotas referred to in the Annexes I, III and IV to this Regulation shall be administered by the Commission in accordance with the provisions of Commission Regulation (EC) No 1460/96 of 25 July 1996 establishing the detailed rules for implementing the preferential trade arrangements applicable to certain goods resulting from the processing of agricultural products, as provided for in Article 7 of Council Regulation (EC) No 3448/93 (3).
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
32000R1194 | Commission Regulation (EC) No 1194/2000 of 6 June 2000 derogating from Regulation (EC) No 708/98 on the taking over of paddy rice by the intervention agencies and fixing the corrective amounts and the price increases and reductions to be applied, with respect to the period for delivery to the intervention agency in the 1999/2000 marketing year
| Commission Regulation (EC) No 1194/2000
of 6 June 2000
derogating from Regulation (EC) No 708/98 on the taking over of paddy rice by the intervention agencies and fixing the corrective amounts and the price increases and reductions to be applied, with respect to the period for delivery to the intervention agency in the 1999/2000 marketing year
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 amended by Regulation (EC) No 2072/98(2), and in particular Article 8(b) thereof,
Whereas:
(1) The conditions for the taking over of paddy rice by the intervention agencies are laid down in Commission Regulation (EC) No 708/98(3), as amended by Regulation (EC) No 691/1999(4). Article 6(1) of that Regulation provides that delivery must be effected not later than the end of the second month following receipt of the offer and in any case not later than 31 August of the current marketing year.
(2) During the 1999/2000 marketing year the intervention agencies encountered difficulties in setting up a good system for the storage, checking and reception of goods. These difficulties delayed the acceptance of offers made and the taking over of deliveries. For the 1999/2000 marketing year, these difficulties justify a derogation from the time limit set in the abovementioned provisions for delivery to the intervention agency.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
Notwithstanding Article 6(1) of Regulation (EC) No 708/98, delivery of paddy rice for taking over by the intervention agency in respect of the 1999/2000 marketing year must be effected no later than 30 September 2000.
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. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32014D0902 | 2014/902/EU: Commission Decision of 23 July 2014 on State aid SA 15395 (C 11/04) granted by Greece to Olympic Airways (Privatisation) (notified under document C(2014) 5017) Text with EEA relevance
| 13.12.2014 EN Official Journal of the European Union L 358/30
COMMISSION DECISION
of 23 July 2014
on State aid SA 15395 (C 11/04) granted by Greece to Olympic Airways (Privatisation)
(notified under document C(2014) 5017)
(Only the Greek text is authentic)
(Text with EEA relevance)
(2014/902/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(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 the provisions cited above,
Whereas:
I. PROCEDURE
(1) By Decision C(2004) 772 of 16 March 2004 (1), the Commission decided to initiate the procedure laid down in Article 108(2) of the Treaty in respect of a number of financial flows and transfers to and from Olympic Airlines (OAL) and Olympic Airways Services (OAS).
(2) On 14 September 2005, by negative Commission Decision C(2005) 2706 (2), the Commission closed case C11/2004 involving illegal and incompatible State aid granted to OAL and OAS.
(3) By Decision C(2008) 5074 of 17 September 2008 (3) and by Decision C(2009) 1824 of 10 March 2009 (4), the Commission authorised the sale of certain key assets of OAL and OAS, concluding that the sale did not entail State aid, provided it was conducted in line with the requirements set out in those decisions.
(4) Subsequently, OAL and OAS were put into liquidation. Their remaining assets were to be sold by the liquidator through a liquidation procedure, and a Monitoring Trustee was appointed to oversee this process.
(5) On 13 September 2010, the General Court partially annulled the negative Commission State aid Decision C(2005) 2706 of 14 September 2005 (5). The General Court found that the Commission had not sufficiently established that some of the contested measures in respect of OAS amounted to illegal State aid incompatible with the internal market and that as regards some of the measures in respect of OAL the Commission had failed to state reasons.
(6) The General Court partially annulled Decision C(2005) 2706 which had ordered the recovery of aid granted a) to Olympic Airlines by way of an overvaluation by EUR 91,5 million of Olympic Airways' assets transferred to Olympic Airlines, for failing to establish/demonstrate that this measure amounted to illegal State aid incompatible with the internal market, and b) to Olympic Airlines by way of accepting discounted aircraft sub-lease payments amounting to EUR 39,75 million, for failing to state reasons.
(7) The Commission did not appeal the partial annulment.
(8) By letters of 8 October 2010, 26 July 2011, 12 October 2011, 7 March 2012, 16 November 2012, 7 February 2013, 25 June 2013 and 19 December 2013 the Commission enquired as to the details and progress of the liquidation process.
(9) The Greek authorities replied by letters of 8 November 2010, 11 August 2011, 15 December 2011, 10 July 2012, 4 February 2013, 22 April 2013 and 5 August 2013.
II. DESCRIPTION OF THE MEASURES
(10) As regards the overvaluation of Olympic Airways' assets, the Commission had concluded in its Decision C(2005) 2706 that by overvaluing the assets transferred to Olympic Airlines at the time of its creation, Greece had granted to Olympic Airways State aid amounting to EUR 91,5 million, which was illegal and incompatible with the internal market.
(11) As regards the sub-lease payments, the Commission found in its Decision C(2005) 2706 that Greece had unlawfully granted State aid to Olympic Airlines by means of the discounted sub-leases concluded with Olympic Airlines.
(12) By letter dated 8 November 2010, the Greek authorities confirmed that as of 2 October 2009, the Athens Court of Appeal had entered both companies into special liquidation in line with Article 14A of Law 3429/2005 as supplemented by Article 40 of Law 3710/2008.
(13) The Greek authorities also confirmed that all commercial activities and operations of the two companies ceased during 2009 and that 'Ethniki Kefalaiou', a wholly-owned subsidiary of the National Bank of Greece, had been appointed as liquidator.
(14) In line with Commission Decision C(2008) 5074 of 17 September 2008, the Monitoring Trustee submitted its final report with regard to the sale of certain key assets of OAL and OAS.
(15) According to the information provided by the Greek authorities and the Monitoring Trustee, all essential parts of the sale process, including the setting-up of the new companies and their sale to an investor at market price and the cessation of operations of the old companies were in compliance with Decision C(2008) 5074 of 17 September 2008.
(16) According to the information provided by the Greek authorities, the liquidation of OAL and OAS is ongoing. There are still some assets left which are unlikely to be easily sold. Once the sale has been completed the registration of the recovery claims will take effect.
III. CONCLUSION
(17) OAL AND OAS have been put into liquidation procedure and certain key assets have been transferred to different purchasers at market price by way of an open, unconditional and non-discriminatory tender procedure, in compliance with Commission Decision C(2008) 5074 of 17 September 2008. Furthermore, most of OAL and OAS assets have been sold and the few remaining are in the process of being sold. As the entities in liquidation are no longer carrying out an economic activity, it is highly improbable that they will ever resume such activity in the future.
(18) Consequently, a formal investigation into the remaining matters is unnecessary. The investigation procedure initiated by Decision C(2004) 772 of 16 March 2004 can, therefore, be closed on the grounds that it lacks useful purpose.
(19) The major part of the recovery obligation imposed by Commission Decision C(2005) 2706 of 14 September 2005 has already taken place. The recovery of an outstanding amount of approximately EUR 70 000 is still pending. According to the Greek authorities, the recovery of this amount is ongoing and the Commission is monitoring the process.
(20) In the light of the above, the procedure initiated by Decision C(2004) 772 of 16 March 2004 which led to Commission recovery Decision C(2005) 2706 of 14 September 2005 as partially annulled by the General Court on 13 September 2010, can be closed.
(21) The Commission underlines the ongoing obligation of the Greek authorities to register any outstanding associated recovery claims in due course and inform the Commission accordingly.
The procedure laid down in Article 108(2) TFEU initiated by Commission Decision C(2004) 772 of 16 March 2004 is closed insofar as it concerns aid granted to Olympic Airlines by way of an overvaluation by EUR 91,5 million of Olympic Airways' assets and aid by way of accepting discounted aircraft sub-lease payments of EUR 39,75 million.
This Decision is addressed to the Hellenic Republic. | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
32005R1532 | Commission Regulation (EC) No 1532/2005 of 21 September 2005 amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year
| 22.9.2005 EN Official Journal of the European Union L 246/12
COMMISSION REGULATION (EC) No 1532/2005
of 21 September 2005
amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1),
Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses (2), and in particular the second sentence of the second subparagraph of Article 1(2), and Article 3(1) thereof,
Whereas:
(1) The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2005/2006 marketing year are fixed by Commission Regulation (EC) No 1011/2005 (3). These prices and duties were last amended by Regulation (EC) No 1520/2005 (4).
(2) The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 1423/95,
The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95, as fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year are hereby amended as set out in the Annex to this Regulation.
This Regulation shall enter into force on 22 September 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31999D0537 | 99/537/EC, ECSC, Euratom: Commission Decision of 23 July 1999 updating the amounts specified in the Regulation laying down detailed rules for the implementation of the Financial Regulation (notified under document number C(1999) 2384)
| COMMISSION DECISION
of 23 July 1999
updating the amounts specified in the Regulation laying down detailed rules for the implementation of the Financial Regulation
(notified under document number C(1999) 2384)
(1999/537/EC, ECSC, Euratom)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty establishing the European Coal and Steel Community,
Having regard to the Treaty establishing the European Atomic Energy Community,
Having regard to Commission Regulation (Euratom, ECSC, EC) No 3418/93 of 9 December 1993 laying down detailed rules for the implementation of certain provisions of the Financial Regulation of 21 December 1977(1), as last amended by Decision 98/539/EC, ECSC, Euratom(2), and in particular Article 145 thereof,
Whereas the European consumer price index (ECPI) was 100,7 in December 1996 and 102,4 in December 1997,
The fixed amounts specified in the Regulation laying down detailed rules for the implementation of certain provisions of the Financial Regulation are updated as follows with effect from 1 January 1999:
>TABLE>
This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.
The Commission's Accounting Officer shall communicate this Decision to the other Community institutions and bodies. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32002R1759 | Commission Regulation (EC) No 1759/2002 of 2 October 2002 prohibiting fishing for horse mackerel by vessels flying the flag of France
| Commission Regulation (EC) No 1759/2002
of 2 October 2002
prohibiting fishing for horse mackerel by vessels flying the flag of France
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), as last amended by Regulation (EC) No 2846/98(2), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 2555/2001 of 18 December 2001 fixing for 2002 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required(3), lays down quotas for horse mackerel for 2002.
(2) In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.
(3) According to the information received by the Commission, catches of horse mackerel in the waters of ICES division IIa (EC waters), North Sea, by vessels flying the flag of France or registered in France have exhausted the quota allocated for 2002. France has prohibited fishing for this stock from 10 September 2002. This date should be adopted in this Regulation also,
Catches of horse mackerel in the waters of ICES division IIa (EC waters), North Sea, by vessels flying the flag of France or registered in France are hereby deemed to have exhausted the quota allocated to France for 2002.
Fishing for horse mackerel in the waters of ICES division IIa (EC waters), North Sea, by vessels flying the flag of France or registered in France is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 10 September 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 |
32003R1968 | Commission Regulation (EC) No 1968/2003 of 7 November 2003 concerning tenders submitted in response to the invitation to tender for the export of husked long grain B rice to the island of Réunion referred to in Regulation (EC) No 1878/2003
| Commission Regulation (EC) No 1968/2003
of 7 November 2003
concerning tenders submitted in response to the invitation to tender for the export of husked long grain B rice to the island of Réunion referred to in Regulation (EC) No 1878/2003
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 10(1) thereof,
Having regard to Commission Regulation (EEC) No 2692/89 of 6 September 1989 laying down detailed rules for exports of rice to Réunion(3), as amended by Regulation (EC) No 1453/1999(4), and in particular Article 9(1) thereof,
Whereas:
(1) Commission Regulation (EC) No 1878/2003(5) opens an invitation to tender for the subsidy on rice exported to Réunion.
(2) Article 9 of Regulation (EEC) No 2692/89 allows the Commission to decide, in accordance with the procedure laid down in Article 22 of Regulation (EC) No 3072/95 and on the basis of the tenders submitted, to make no award.
(3) On the basis of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 2692/89, a maximum subsidy should not be fixed.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
No action shall be taken on the tenders submitted from 3 to 6 November 2003 in response to the invitation to tender referred to in Regulation (EC) No 1878/2003 for the subsidy on exports to Réunion of husked long grain B rice falling within CN code 1006 20 98.
This Regulation shall enter into force on 8 November 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32007R0444 | Commission Regulation (EC) No 444/2007 of 23 April 2007 amending Council Regulation (EC) No 41/2007 as regards catch limits for the stock of herring in ICES zones I and II
| 24.4.2007 EN Official Journal of the European Union L 106/22
COMMISSION REGULATION (EC) No 444/2007
of 23 April 2007
amending Council Regulation (EC) No 41/2007 as regards catch limits for the stock of herring in ICES zones I and II
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks, and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (1), and in particular Annex IB thereto,
Whereas:
(1) Regulation (EC) No 41/2007 fixes for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required.
(2) Pursuant to consultations between the Community, the Faroe Islands, Iceland, Norway and the Russian Federation on 18 January 2007, an agreement on the fishing opportunities for the Atlanto-Scandian (Norwegian spring-spawning) herring stock in the north-east Atlantic was reached. The overall catch limitation for 2007 is fixed at a level of 1 280 000 tonnes in full conformity with the scientific advice from the International Council for the Exploration of the Sea (ICES). That agreement should be implemented into Community law.
(3) Regulation (EC) No 41/2007 should therefore be amended accordingly,
Annex IB to Regulation (EC) No 41/2007 is amended in accordance with the Annex to this Regulation.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 |
32012R0049 | Commission Implementing Regulation (EU) No 49/2012 of 19 January 2012 fixing the export refunds on pigmeat
| 20.1.2012 EN Official Journal of the European Union L 17/11
COMMISSION IMPLEMENTING REGULATION (EU) No 49/2012
of 19 January 2012
fixing the export refunds on pigmeat
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), and in particular Article 164(2), and Article 170, in conjunction with Article 4 thereof,
Whereas:
(1) Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products listed in Part XVII of Annex I to that Regulation and prices for those products on the Union market may be covered by an export refund.
(2) Given the present situation on the market in pigmeat, export refunds should therefore be fixed in accordance with the rules and criteria provided for in Articles 162, 163, 164, 167 and 169 of Regulation (EC) No 1234/2007.
(3) Article 164(1) of Regulation (EC) No 1234/2007 provides that the refund may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.
(4) Refunds should be granted only on products that are allowed to move freely in the Union and that bear the health mark as provided for in Article 5(1)(a) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2). Those products must also satisfy the requirements laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (3) and Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (4).
(5) The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 1058/2011 (5). Since new refunds should be fixed, that Regulation should therefore be repealed.
(6) In order to prevent divergence with the current market situation, to prevent market speculation and to ensure efficient management this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
1. Export refunds as provided for in Article 164 of Regulation (EC) No 1234/2007 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the condition provided for in paragraph 2 of this Article.
2. The products eligible for a refund under paragraph 1 shall meet the relevant requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004 and, in particular, shall be prepared in an approved establishment and comply with the health marking requirements laid down in Annex I, Section I, Chapter III to Regulation (EC) No 854/2004.
Implementing Regulation (EU) No 1058/2011 is hereby repealed.
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. | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 |
31998D1230(01) | Council Decision of 3 December 1998 extending the term of office of the president of the Office for Harmonisation in the Internal Market (trade marks and designs)
| COUNCIL DECISION of 3 December 1998 extending the term of office of the president of the Office for Harmonisation in the Internal Market (trade marks and designs) (98/C 409/01)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (1), and in particular Article 120(1) and (2) thereof,
Having regard to the Council Decision of 16 June 1994 appointing the President of the Office for Harmonisation in the Internal Market (trade marks and designs) (2),
Having regard to the proposal by the administrative board of the Office for Harmonisation in the Internal Market (trade marks and designs) of 21 September 1998 for an extension of the term of office of its president,
The term of office of Mr Jean-Claude COMBALDIEU, born in Toulouse (France) on 21 September 1935, as president of the Office for Harmonisation in the Internal Market (trade marks and designs) is hereby extended for the period from 1 September 1999 until 30 September 2000. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32007D0155 | 2007/155/EC: Council Decision of 5 March 2007 amending Decision 2000/265/EC on the establishment of a financial regulation governing the budgetary aspects of the management by the Deputy Secretary-General of the Council, of contracts concluded in his name, on behalf of certain Member States, relating to the installation and the functioning of the communication infrastructure or the Schengen environment ( SISNET )
| 8.3.2007 EN Official Journal of the European Union L 68/5
COUNCIL DECISION
of 5 March 2007
amending Decision 2000/265/EC on the establishment of a financial regulation governing the budgetary aspects of the management by the Deputy Secretary-General of the Council, of contracts concluded in his name, on behalf of certain Member States, relating to the installation and the functioning of the communication infrastructure or the Schengen environment (‘SISNET’)
(2007/155/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and in particular first sentence of the second subparagraph of Article 2(1) thereof,
Whereas:
(1) The Deputy Secretary-General of the Council was authorised by Decision 1999/870/EC (1) and Decision 2007/149/EC (2) to act, in the context of the integration of the Schengen acquis within the European Union, as representative of certain Member States for the purposes of concluding contracts relating to the installation and the functioning of the communication infrastructure for the Schengen environment (‘SISNET’) and to manage such contracts, pending the migration to a communication infrastructure at the charge of the European Community.
(2) The financial obligations arising under those contracts are borne by a specific budget (hereinafter ‘the SISNET budget’) financing the communication infrastructure referred to in those Council Decisions.
(3) The new Member States, within the meaning of the 2003 Act of Accession, with the exception of Cyprus, are to be integrated into the first generation Schengen Information System (SIS 1+) on a date to be set by the Council in accordance with Article 3(2) of the 2003 Act of Accession, (hereinafter the ‘SISone4ALL project’).
(4) From that date, those Member States should participate in the budget.
(5) Two Member States, Ireland and the United Kingdom, which contribute to the SISNET budget, but which are not connected to the Schengen Information System, should not contribute to additional costs entailed by the SISone4ALL project,
Decision 2000/265/EC (3) is hereby amended as follows:
1. Article 1 shall be replaced by the following:
2. Article 25(1) shall be replaced by the following:
3. A new sentence shall be added to Article 26:
4. A new paragraph shall be added to Article 28:
5. Article 29 shall be amended as follows:
(a) paragraphs 2 and 3 shall be replaced by the following:
(b) paragraph 5 shall be replaced by the following:
6. The fifth subparagraph of Article 37 shall be replaced by the following:
7. Article 39(a) shall be replaced by the following:
‘(a) all proposed contracts for supplies or services, including studies, for which the estimated value equals or exceeds the thresholds in the Directive on public procurement;’
8. Article 43(4) shall be replaced by the following:
9. Article 49(c) shall be replaced by the following:
‘(c) adjustment of the contributions of the States referred to in Article 25 in order to establish the proportion of earlier SISNET installation costs to be borne by the other State. This percentage shall be calculated on the basis of the ratio of the VAT resources paid by the other State to the total VAT resources of the European Communities for the earlier financial years in which the necessary SISNET installation costs have been incurred. If no data on VAT resources is available, the adjustment of contributions shall be calculated on the basis of the share of each Member State concerned in the total GDP of all the Member States referred to in Article 25. The percentage contribution shall be the subject of a ‘credit note’ to the States referred to in Article 25 for an amount pro rata to their share as calculated in accordance with Article 26. The other States may choose to allocate the amount concerned towards their share of the budget or request reimbursement.’
This Decision shall take effect from the date of its adoption.
This Decision shall be published in the Official Journal of the European Union. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31996D0319 | 96/319/EC: Commission Decision of 20 December 1995 refusing Belgium's application for protective measures with regard to pharmaceutical products coming from Spain (Only the French and Dutch texts are authentic)
| COMMISSION DECISION of 20 December 1995 refusing Belgium's application for protective measures with regard to pharmaceutical products coming from Spain (Only the French and Dutch texts are authentic) (96/319/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 379 thereof,
Having regard to the application by Belgium,
Whereas Belgium, by letter of 6 October 1995, applied to the Commission for authorization to invoke Article 379 of the Act of Accession for safeguard measures, aimed at refusing the import into Belgium of pharmaceutical products coming from Spain, which are protected in Belgium by a product patent but not in Spain;
Whereas in their request, the Belgian authorities provided the Commission with the material facts to enable it to evaluate the validity of the application;
Whereas the Belgian authorities base their application upon the economic difficulties to which the pharmaceutical products market in Belgium would, according to them, be subjected as a result of the expiry of the transitional period provided for by Article 47 of the Act of Accession, namely as from 7 October 1995; whereas they argue that since the price of pharmaceuticals on the Spanish market is lower than observed price for the same speciality products on the Belgian market, the expiry of the transitional period will lead to an appreciable increase in parallel imports from Spain into Belgium; whereas this increase will also damage parts of the market shared by Belgian operators in the export market;
Whereas Article 379 derogates from a fundamental principle of the EC Treaty, that of the free movement of goods; whereas consequently in accordance with the well-established case-law of the Court of Justice it should be restrictively interpreted;
Whereas consequently, in accordance with that case-law and with the established practice of the Commission in the past, Article 379 cannot apply;
Whereas the purpose of Article 379 is to rectify and adjust to the economy of the common market a given economic sector experiencing economic difficulties which are serious and liable to persist;
Whereas an analysis of the economic data provided by the Belgian authorities has shown that the conditions for the application of Article 379 are not fulfilled; whereas, more particularly, it has revealed that the Belgian pharmaceutical industry is not experiencing economic difficulties which are serious and liable to persist; whereas an increase in the volume of imports coming from Spain of pharmaceutical products patented in Belgium but not in Spain would not appear to be so significant in the long run as to bring about, by itself, serious economic difficulties on the Belgian pharmaceutical market,
The application for safeguard measures made by Belgium under Article 379 of the Act of Accession, aimed at refusing the import into Belgium of pharmaceutical products coming from Spain, which are protected by a product patent in Belgium but not in Spain, is rejected.
This Decision is addressed to the Kingdom of Belgium. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32015R0222 | Commission Implementing Regulation (EU) 2015/222 of 12 February 2015 excluding ICES Subdivisions 27 and 28.2 from certain fishing effort limitations for 2015, pursuant to Council Regulation (EC) No 1098/2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks
| 13.2.2015 EN Official Journal of the European Union L 37/4
COMMISSION IMPLEMENTING REGULATION (EU) 2015/222
of 12 February 2015
excluding ICES Subdivisions 27 and 28.2 from certain fishing effort limitations for 2015, pursuant to Council Regulation (EC) No 1098/2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 779/97 (1), and in particular Article 29(2) thereof,
Whereas:
(1) Provisions for setting fishing effort limitations for the cod stocks in the Baltic Sea are set out in Regulation (EC) No 1098/2007.
(2) On the basis of Regulation (EC) No 1098/2007, Annex II to Council Regulation (EU) No 1221/2014 (2) has established fishing effort limitations for 2015 in the Baltic Sea.
(3) According to Article 29(2) of Regulation (EC) No 1098/2007, the Commission may exclude ICES Subdivisions 27 and 28.2 from the scope of certain fishing effort limitations when the catches of cod were below a certain threshold in the last reporting period.
(4) Taking into account the reports submitted by Member States and the advice from the Scientific, Technical and Economic Committee for Fisheries, ICES Subdivisions 27 and 28.2 should be excluded in 2015 from the scope of those fishing effort limitations.
(5) Regulation (EU) No 1221/2014 will apply from 1 January 2015. In order to ensure coherence with that Regulation, this Regulation should also apply from 1 January 2015.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,
The provisions of Article 8(1)(b) and Article 8(3), (4) and (5) of Regulation (EC) No 1098/2007 shall not apply to ICES Subdivisions 27 and 28.2 in the year 2015.
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31997D0581 | 97/581/EC: Commission Decision of 25 July 1997 amending Decision 95/30/EC laying down special conditions governing imports of fishery and aquaculture products originating in Morocco (Text with EEA relevance)
| COMMISSION DECISION of 25 July 1997 amending Decision 95/30/EC laying down special conditions governing imports of fishery and aquaculture products originating in Morocco (Text with EEA relevance) (97/581/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (1), as last amended by Directive 95/71/EC (2), and in particular Article 11 (5) thereof,
Whereas the list of establishments approved by Morocco for imports of fishery products into the Community is set out in Commission Decision 95/30/EC (3); whereas that list may be amended where a new list is forwarded by the competent Moroccan authorities;
Whereas the competent Moroccan authorities have forwarded a new list including in particular 305 freezer vessels;
Whereas the list of approved establishments and vessels must be amended accordingly;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
Annex B to Decision 95/30/EC is hereby replaced by the Annex hereto.
This Decision is addressed to the Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32005R0289 | Council Regulation (EC) No 289/2005 of 17 February 2005 amending Regulation (EC) No 88/98 as regards the extension of the trawling ban to Polish waters
| 22.2.2005 EN Official Journal of the European Union L 49/1
COUNCIL REGULATION (EC) No 289/2005
of 17 February 2005
amending Regulation (EC) No 88/98 as regards the extension of the trawling ban to Polish waters
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to the proposal from the Commission,
Having regard to the 2003 Act of Accession and in particular Article 57(2) thereof,
Whereas:
(1) The International Baltic Sea Fishery Commission adopted a recommendation on 21 September 1991 to ban the fishing with trawls on the Oderbank Plateau. This recommendation was implemented in Community law by Article 8(3) of Council Regulation (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in waters of the Baltic Sea, the Belts and the Sound (1).
(2) In view of the accession of Poland to the European Union, the geographical area in which the trawling ban applies should be extended to Polish waters.
(3) Regulation (EC) No 88/98 should therefore be amended accordingly,
Article 8(3) of Regulation (EC) No 88/98 shall be replaced by the following:
‘3. It shall be prohibited throughout the year, to fish with any trawl, Danish seine and similar net in the geographical area bounded by a line joining the following coordinates:
54° 23′ N, 14° 35′ E,
54° 21′ N, 14° 40′ E,
54° 17′ N, 14° 33′ E,
54° 07′ N, 14° 25′ E,
54° 10′ N, 14° 21′ E,
54° 14′ N, 14° 25′ E,
54° 17′ N, 14° 17′ E,
54° 24′ N, 14° 11′ E,
54° 27′ N, 14° 25′ E,
54° 23′ N, 14° 35′ E’.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32010R0684 | Commission Regulation (EU) No 684/2010 of 29 July 2010 fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EU) No 463/2010
| 30.7.2010 EN Official Journal of the European Union L 198/12
COMMISSION REGULATION (EU) No 684/2010
of 29 July 2010
fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EU) No 463/2010
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), and in particular Article 144(1) in conjunction with Article 4 thereof,
Whereas:
(1) An invitation to tender for the maximum reduction in the duty on maize imported into Portugal from third countries was opened by Commission Regulation (EU) No 463/2010 (2).
(2) Under Article 8 of Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) the Commission, in accordance the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to fix a maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 7 and 8 of Regulation (EC) No 1296/2008 must be taken into account.
(3) A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.
(4) The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,
For tenders lodged from 16 July to 29 July 2010 under the invitation to tender issued in Regulation (EU) No 463/2010, the maximum reduction in the duty on maize imported shall be EUR 6,25/t for a total maximum quantity of 63 000 t.
This Regulation shall enter into force on 30 July 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
31996R0608 | Commission Regulation (EC) No 608/96 of 3 April 1996 amending Regulation (EC) No 443/96 on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of beef held by certain intervention agencies and intended for processing within the Community and repealing Regulation (EC) No 1181/95
| COMMISSION REGULATION (EC) No 608/96 of 3 April 1996 amending Regulation (EC) No 443/96 on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of beef held by certain intervention agencies and intended for processing within the Community and repealing Regulation (EC) No 1181/95
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 Commission Regulation (EC) No 2417/95 (2), and in particular Article 7 (3) thereof,
Whereas Commission Regulation (EC) No 443/96 (3) provides for a sale of beef stored in Germany and the United Kingdom; whereas, given the present situation on the market in the United Kingdom, the sale provided for in that Member State should be cancelled;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
Regulation (EC) No 443/96 is amended as follows:
1. Article 1 (1) (c) is deleted;
2. the third indent and the second subparagraph of Article 3 (2) are deleted;
3. Part (c) in Annex I is deleted;
4. the part headed 'UNITED KINGDOM` in Annex II is deleted.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 9 April 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31989R1736 | Commission Regulation (EEC) No 1736/89 of 19 June 1989 fixing for the 1989/90 marketing year the reference prices for apples
| COMMISSION REGULATION (EEC) No 1736/89
of 19 June 1989
fixing for the 1989/90 marketing year the reference prices for apples
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 Regulation (EEC) No 1035/72 of the Council of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EEC) No 1119/89 (2), and in particular Article 27 (1) thereof,
Whereas, under Article 23 (1) of Regulation (EEC) No 1035/72, reference prices valid for the whole Community are fixed annually before the beginning of the marketing year;
Whereas because of the importance of apple-growing in the Community it is necessary to fix a reference price for apples;
Whereas apples harvested during a given crop year are marketed from July of one year to June of the following year; whereas reference prices should therefore be fixed for the period from 1 July up to and including 30 June of the following year;
Whereas to take seasonal variations into account, the year should be divided into several periods and a reference price fixed for each of these periods;
Whereas Article 23 (2) (b) of Regulation (EEC) No 1035/72 stipulates that reference prices are to be fixed at the same level as for the preceding marketing year, adjusted, after deducting the standard cost of transporting Community products between production areas and Community consumption centres in the preceding year, by:
- the increase in production costs for fruit and vegetables, less productivity growth, and
- the standard rate of transport costs in the current marketing year;
Whereas the resulting figure may nevertheless not exceed the arithmetic mean of producer prices in each Member State plus transport costs for the current year, after this amount has been increased by the rise in production costs less productivity growth; whereas the reference price may, however, not be lower than in the preceding marketing year;
Whereas producer prices are the average of the prices recorded during the three years prior to the date of fixing the reference price, for a home-grown product with defined commercial characteristics, on the representative market or markets situated in the production areas where prices are lowest, for the products or varieties which represent a considerable proportion of production marketed throughout the year or for part of it and which satisfy specified requirements as regards market preparation; whereas when the average of prices recorded on each representative market is being calculated, prices which could be considered excessively high or excessively low in relation to normal price fluctuations on that market must be disregarded;
Whereas, in accordance with Article 147 of the Act of Accession, Spanish prices shall be used for the purpose of calculating reference prices as and from 1 January 1990;
Whereas, in accordance with Article 272 (3) of the Act of Accession, the prices of Portuguese products will not be used for the purpose of calculating reference prices, during the first stage of accession;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
For the 1989/90 marketing year, the reference prices for apples (CN codes 0808 10 91, 93 and 99), expressed in ECU per 100 kilograms net, shall be as follows for packed class I fruit, all sizes:
July: 46,25
August: 40,86
September: 43,98
October: 43,78
November: 44,61
December: 45,66
January: 48,62
February: 50,44
March: 52,73
April: 54,00
May: 56,31
June: 57,08.
This Regulation shall enter into force on 1 July 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31988R3469 | Council Regulation (EEC) No 3469/88 of 7 November 1988 amending Regulation (EEC) No 2203/82 laying down general rules for the granting of a carry-over premium for certain fishery products
| COUNCIL REGULATION ( EEC ) NO 3469/88
OF 7 NOVEMBER 1988
AMENDING REGULATION ( EEC ) NO 2203/82 LAYING DOWN GENERAL RULES FOR THE GRANTING OF A CARRY-OVER PREMIUM FOR CERTAIN FISHERY PRODUCTS
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3796/81 OF 29 DECEMBER 1981 ON THE COMMON ORGANIZATION OF THE MARKET IN FISHERY PRODUCTS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3468/88 ( 2 ), AND IN PARTICULAR ARTICLE 14 ( 6 ) THEREOF,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION,
WHEREAS ARTICLE 14 OF REGULATION ( EEC ) NO 3796/81 PROVIDES THAT, SUBJECT TO CERTAIN CONDITIONS, A CARRY-OVER PREMIUM MAY BE GRANTED IN RESPECT OF THE PROCESSING AND STORAGE, WITH A VIEW TO HUMAN CONSUMPTION, OF SOME OF THE PRODUCTS WHICH ARE LISTED IN ANNEX I ( A ) AND ( D ) TO THE ABOVEMENTIONED REGULATION AND WHICH HAVE BEEN WITHDRAWN FROM THE MARKET AT THE COMMUNITY WITHDRAWAL PRICE;
WHEREAS REGULATION ( EEC ) NO 2203/82 ( 3 ) LAST AMENDED BY REGULATION ( EEC ) NO 3940/87 ( 4 ), DETERMINES THE SPECIES WHICH MAY QUALIFY FOR THE CARRY-OVER PREMIUM;
WHEREAS, BECAUSE OF THE SPECIAL DIFFICULTIES ENCOUNTERED IN THE HERRING AND MACKEREL SECTOR, PROVISION SHOULD BE MADE FOR MEASURES TO IMPROVE THE SITUATION IN THAT SECTOR;
WHEREAS THE PROCESSING AND STORAGE OF HERRING AND MACKEREL ARE LIKELY TO ENCOURAGE CONSUMPTION OF THESE SPECIES AND TO INCREASE THE AVAILABILITY OF CERTAIN QUALITIES OF HERRING FOR A LONGER PERIOD OF THE YEAR; WHEREAS IT WOULD APPEAR NECESSARY TO INCLUDE THE TWO SPECIES IN THE CARRY-OVER PREMIUM SCHEME;
WHEREAS, THEREFORE, REGULATION ( EEC ) NO 2203/82 SHOULD BE AMENDED ACCORDINGLY,
THE FOLLOWING SPECIES ARE HEREBY ADDED TO THE ANNEX TO REGULATION ( EEC ) NO 2203/82 :
1.2.3.4CN CODE
DESCRIPTION
FRESHNESS ( 1 )
PRESENTATION ( 1 ) // // // //
( A ) BEFORE "COD' // // //
EX 0302 40 10 AND EX 0302 40 90
HERRING ( CLUPEA HARENGUS )
E, A
WHOLE
( B ) AFTER "COALFISH' // // //
EX 0302 64 10 AND EX 0302 64 90
MACKEREL ( SCOMBER SCOMBRUS AND SCOMBER JAPONICUS )
E, A
WHOLE // // // //
THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING THAT OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
IT SHALL APPLY WITH EFFECT FROM 1 JANUARY 1989 .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 |
32014D0451 | 2014/451/EU: Council Decision of 26 May 2014 on the signing and conclusion of the Participation Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)
| 12.7.2014 EN Official Journal of the European Union L 205/2
COUNCIL DECISION
of 26 May 2014
on the signing and conclusion of the Participation Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)
(2014/451/EU)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5) and (6) of the Treaty on the Functioning of the European Union,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) Article 10(4) of Council Decision 2013/233/CFSP of 22 May 2013 on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (1) provides that detailed arrangements regarding the participation of third States in EUBAM Libya are to be covered by agreements concluded pursuant to Article 37 of the Treaty on European Union and additional technical arrangements as necessary.
(2) Following the adoption of a Decision by the Council on 17 March 2014 authorising the opening of negotiations, the High Representative of the Union for Foreign Affairs and Security Policy negotiated a Participation Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (the ‘Participation Agreement’).
(3) The Participation Agreement should be approved,
The Participation Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) is hereby approved on behalf of the Union.
The text of the Participation Agreement is attached to this Decision.
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Participation Agreement in order to bind the Union.
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 9(1) of the Participation Agreement.
This Decision shall enter into force on the date of its adoption. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31988R1454 | Commission Regulation (EEC) No 1454/88 of 27 May 1988 re-establishing the levying of customs duties applicable to third countries on certain products originating in Yugoslavia
| COMMISSION REGULATION (EEC) No 1454/88
of 27 May 1988
re-establishing the levying of customs duties applicable to third countries on certain products originating in Yugoslavia
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia (1), and in particular Protocol 1 thereto,
Having regard to Article 1 of Council Regulation (EEC) No 4186/87 of 21 December 1987 establishing ceilings and Community supervision for imports of certain products originating in Yugoslavia (2),
Whereas the abovementioned Protocol 1 and Article 15 of the Cooperation Agreement provide that the products listed in Article 1 hereto are imported exempt of customs duty into the Community, subject to the annual ceiling of 648 tonnes, above which the customs duties applicable to third countries may be re-established;
Whereas imports into the Community of those products, originating in Yugoslavia, have reached that ceiling; whereas the situation on the Community market requires that customs duties applicable to third countries on the products in question be reimposed,
From 31 May to 31 December 1988, the levying of customs duties applicable to third countries shall be re-established on imports into the Community of the following products originating in Yugoslavia:
1.2.3 // // // // Order No // CN code // Description // // // // 01.0120 // 6403 // Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather // // //
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. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32001R2570 | Commission Regulation (EC) No 2570/2001 of 20 December 2001 fixing the amount of private storage aid for certain fishery products in the 2002 fishing year
| Commission Regulation (EC) No 2570/2001
of 20 December 2001
fixing the amount of private storage aid for certain fishery products in the 2002 fishing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products(1), as amended by Commission Regulation (EC) No 939/2001(2),
Having regard to Commission Regulation (EC) No 2813/2000 of 21 December 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the grant of private storage aid for certain fishery products(3), and in particular Article 1 thereof,
Whereas:
(1) The aid must not exceed the sum of technical and financial costs recorded in the Community during the fishing year preceding the year in question.
(2) To discourage long-term storage, to shorten payment times and to reduce the burden of controls, private storage aid should be paid in one instalment only.
(3) The measures provided for in this Regulation are in accordance with the Management Committee for Fishery Products,
For the 2002 fishing year the amount of private storage aid for the products listed in Annex II to Regulation (EC) No 104/2000 shall be as follows:
- first month: EUR 175/tonne,
- second month: EUR 0/tonne.
This Regulation shall enter into force on 1 January 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32014R0140 | Commission Implementing Regulation (EU) No 140/2014 of 13 February 2014 approving the active substance spinetoram, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 Text with EEA relevance
| 14.2.2014 EN Official Journal of the European Union L 44/35
COMMISSION IMPLEMENTING REGULATION (EU) No 140/2014
of 13 February 2014
approving the active substance spinetoram, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
(Text with EEA relevance)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2) and Article 78(2) thereof,
Whereas:
(1) In accordance with Article 80(1)(a) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which a decision has been adopted in accordance with Article 6(3) of that Directive before 14 June 2011. For spinetoram the conditions of Article 80(1)(a) of Regulation (EC) No 1107/2009 are fulfilled by Commission Decision 2008/740/EC (3).
(2) In accordance with Article 6(2) of Directive 91/414/EEC the United Kingdom received on 17 October 2007 an application from Dow AgroSciences Ltd for the inclusion of the active substance spinetoram in Annex I to Directive 91/414/EEC. Decision 2008/740/EC confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.
(3) For that active substance, the effects on human and animal health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 23 February 2012.
(4) The draft assessment report was reviewed by the Member States and the European Food Safety Authority (hereinafter ‘the Authority’). The Authority presented to the Commission its conclusion on the pesticide risk assessment of the active substance spinetoram (4) on 6 May 2013. The draft assessment report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 13 December 2013 in the format of the Commission review report for spinetoram.
(5) It has appeared from the various examinations made that plant protection products containing spinetoram may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve spinetoram.
(6) In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions. It is, in particular, appropriate to require further confirmatory information.
(7) A reasonable period should be allowed to elapse before approval in order to permit Member States and the interested parties to prepare themselves to meet the new requirements resulting from the approval.
(8) Without prejudice to the obligations provided for in Regulation (EC) No 1107/2009 as a consequence of approval, taking into account the specific situation created by the transition from Directive 91/414/EEC to Regulation (EC) No 1107/2009, the following should, however, apply. Member States should be allowed a period of six months after approval to review authorisations of plant protection products containing spinetoram. Member States should, as appropriate, vary, replace or withdraw authorisations. By way of derogation from that deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier, as set out in Directive 91/414/EEC, of each plant protection product for each intended use in accordance with the uniform principles.
(9) The experience gained from inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 (5) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the Directives which have been adopted until now amending Annex I to that Directive or the Regulations approving active substances.
(10) In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 (6) should be amended accordingly.
(11) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Approval of active substance
The active substance spinetoram, as specified in Annex I, is approved subject to the conditions laid down in that Annex.
Re-evaluation of plant protection products
1. Member States shall in accordance with Regulation (EC) No 1107/2009, where necessary, amend or withdraw existing authorisations for plant protection products containing spinetoram as an active substance by 31 December 2014.
By that date they shall in particular verify that the conditions in Annex I to this Regulation are met, with the exception of those identified in the column on specific provisions of that Annex, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to Directive 91/414/EEC in accordance with the conditions of Article 13(1) to (4) of that Directive and Article 62 of Regulation (EC) No 1107/2009.
2. By way of derogation from paragraph 1, for each authorised plant protection product containing spinetoram as either the only active substance or as one of several active substances, all of which were listed in the Annex to Implementing Regulation (EU) No 540/2011 by 30 June 2014 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, on the basis of a dossier satisfying the requirements of Annex III to Directive 91/414/EEC and taking into account the column on specific provisions of Annex I to this Regulation. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 29(1) of Regulation (EC) No 1107/2009.
Following that determination Member States shall:
(a) in the case of a product containing spinetoram as the only active substance, where necessary, amend or withdraw the authorisation by 31 December 2015 at the latest; or
(b) in the case of a product containing spinetoram as one of several active substances, where necessary, amend or withdraw the authorisation by 31 December 2015 or by the date fixed for such an amendment or withdrawal in the respective act or acts which added the relevant substance or substances to Annex I to Directive 91/414/EEC or approved that substance or those substances, whichever is the latest.
Amendments to Implementing Regulation (EU) No 540/2011
The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
Entry into force and date of application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 July 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
31990R0701 | Commission Regulation (EEC) No 701/90 of 22 March 1990 suspending advance fixing of export refunds on certain cereals exported in the form of prepared foods obtained by the swelling or roasting of cereals or cereal products
| COMMISSION REGULATION (EEC) No 701/90
of 22 March 1990
suspending advance fixing of export refunds on certain cereals exported in the form of prepared foods obtained by the swelling or roasting of cereals or cereal products
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 201/90 (2), and in particular the first paragraph of Article 16 (7) thereof,
Having regard to Council Regulation (EEC) No 3035/80 of 11 November 1980 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds (3), as last amended by Regulation (EEC) No 3209/88 (4), and in particular the first subparagraph of Article 5 (3) thereof,
Whereas Article 16 (7) of Regulation (EEC) No 2727/75 and Article 5 (3) of Regulation (EEC) No 3035/80 make prevision for advance fixing of the refund to be suspended for basic products exported in the form of certain goods;
Whereas the situation on certain markets may make it necessary for the refunds on certain products to be adjusted; whereas in order to prevent applications for advance fixing of refunds for speculative purposes, the abovementioned advance fixing should be suspended until this adjustment comes into force.
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
Advance fixing of export refunds on maize exported in the form of prepared foods obtained by the swelling or roasting of cereals or cereals products falling within CN code 1904 10 10 is suspended up to 26 April 1990 inclusive.
This Regulation shall enter into force on 23 March 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32003R0380 | Commission Regulation (EC) No 380/2003 of 28 February 2003 fixing the export refunds on syrups and certain other sugar products exported in the natural state
| Commission Regulation (EC) No 380/2003
of 28 February 2003
fixing the export refunds on syrups and certain other sugar products exported in the natural state
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 680/2002(2), and in particular the second subparagraph of Article 27(5) thereof,
Whereas:
(1) Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(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 1260/2001 is equal to the basic amount multiplied by the sucrose content, including, where appropriate, other sugars expressed as sucrose; the sucrose content of the product in question is determined in accordance with Article 3 of Commission Regulation (EC) No 2135/95.
(3) Article 30(3) of Regulation (EC) No 1260/2001 provides that the basic amount of the refund on sorbose exported in the natural state must be equal to the basic amount of the refund less one hundredth of the production refund applicable, pursuant to Commission Regulation (EC) No 1265/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards granting the production refund on certain sugar products used in the chemical industry(4) to the products listed in the Annex to the last mentioned Regulation;
(4) According to the terms of Article 30(1) of Regulation (EC) No 1260/2001, the basic amount of the refund on the other products listed in Article 1(1)(d) of the said Regulation exported in the natural state must be equal to one-hundredth of an amount which takes account, on the one hand, of the difference between the intervention price for white sugar for the Community areas without deficit for the month for which the basic amount is fixed and quotations or prices for white sugar on the world market and, on the other, of the need to establish a balance between the use of Community basic products in the manufacture of processed goods for export to third countries and the use of third country products brought in under inward-processing arrangements.
(5) According to the terms of Article 30(4) of Regulation (EC) No 1260/2001, the application of the basic amount may be limited to some of the products listed in Article 1(1)(d) of the said Regulation.
(6) Article 27 of Regulation (EC) No 1260/2001 makes provision for setting refunds for export in the natural state of products referred to in Article 1(1)(f) and (g) and (h) of that Regulation; the refund must be fixed per 100 kilograms of dry matter, taking account of the export refund for products falling within CN code 1702 30 91 and for products referred to in Article 1(1)(d) of Regulation (EC) No 1260/2001 and of the economic aspects of the intended exports; in the case of the products referred to in the said Article (1)(f) and (g), the refund is to be granted only for products complying with the conditions in Article 5 of Regulation (EC) No 2135/95; for the products referred to in Article 1(1)(h), the refund shall be granted only for products complying with the conditions in Article 6 of Regulation (EC) No 2135/95.
(7) The 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,
The export refunds on the products listed in Article 1(1)(d)(f)(g) and (h) of Regulation (EC) No 1260/2001, exported in the natural state, shall be set out in the Annex hereto.
This Regulation shall enter into force on 1 March 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32003D0691 | 2003/691/EC: Commission Decision of 9 July 2003 on State aid which Spain is planning to implement in the form of contract-related operating aid for three LNG ships built by IZAR (Text with EEA relevance) (notified under document number C(2003) 2009)
| Commission Decision
of 9 July 2003
on State aid which Spain is planning to implement in the form of contract-related operating aid for three LNG ships built by IZAR
(notified under document number C(2003) 2009)
(Only the Spanish text is authentic)
(Text with EEA relevance)
(2003/691/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Communities, and in particular the first paragraph of Article 88(2) of the EC Treaty,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having regard to Council Regulation (EC) No 1540/98 establishing new rules on aid to shipbuilding(1), and in particular to Article 3(2) thereof,
Having called on interested parties to submit their comments pursuant to the provisions cited above(2),
Whereas:
I. PROCEDURE
(1) On 6 November 2001 Spain notified the Commission of its request to be granted an extension of the delivery limit for four liquefied natural gas (LNG) tankers contracted by the Spanish shipbuilding group IZAR. By letter dated 24 April 2002 the Commission informed Spain that it had decided to initiate a proceeding under Article 88(2) of the EC Treaty in respect of the measure. Spain replied by letter dated 4 June 2002, registered on 6 June 2002.
(2) The Commission decision to initiate a proceeding was published in the Official Journal of the European Communities(3). The Commission called on interested parties to submit their comments.
(3) The Commission received comments from interested parties. It forwarded them to Spain, which was given the opportunity to react; its comments were received by letter dated 3 December 2002.
II. DETAILED DESCRIPTION OF THE AID
(4) Article 3(2) of Council Regulation (EC) No 1540/98 (the shipbuilding Regulation) states that the operating aid rate applicable to a contract shall be that in force at the date of signature of the final contract. However, for any ship delivered more than three years from the date of signing of the final contract the ceiling applicable to that contract shall be that in force three years before the date of the vessel's delivery.
(5) According to the same Article, operating aid of 9 % is allowed for ships contracted before 31 December 2000. For ships contracted after that date, no operating aid is allowed. Therefore, without an extension of the three-year delivery limit, no operating aid can be provided for ships delivered after 31 December 2003, even if the contracts were signed before the end of 2000. According to Article 3(2) of the shipbuilding Regulation, the Commission may extend the three-year delivery limit in case of exceptional circumstances or technical complexity of the ships.
(6) Spain has requested an extension of this three-year delivery limit, due to technical complexity, for three LNG tankers built by IZAR. The original request concerned four ships, but in a letter dated 6 March 2002 Spain informed the Commission that one order had been cancelled, and that the request now concerns three ships. IZAR is owned by the Spanish state holding company SEPI, and is a shipbuilding group consisting of six civil and three military yards.
(7) The Spanish notification concerns ships numbers 3 to 5 in the table, with planned dates as follows. Ships 1 and 2, in the same series, are included for comparison.
TABLE
>TABLE>
Note:
S = Sestao shipyard, PR = Puerto Real shipyard.
(8) Spain has referred to a Commission statement(4) from 1990 to the effect that, when the Commission first proposed the possibility of extending the three-year delivery limit for technical reasons, it was taking account in particular of the construction of liquid gas carriers and very large cruise liners. Spain further argues that these ships are at least as complicated as the product tankers for which the Commission granted an extension(5) in 1993. Spain also claims that the production time is no longer than that of other major shipyards building, or having built LNG tankers.
III. COMMENTS FROM THIRD PARTIES
(9) The Commission has received comments from France. France contests a statement in the initiation of the proceeding that the normal period from contract to delivery for LNG tankers is 36 months, and provides figures from Japanese and Korean yards showing that this time is often between 35 and 60 months. France therefore finds it normal that the Spanish yards cannot deliver the five ships before the end of 2003. However, France underlines that Spain should have requested the extension of the three-year delivery limit before the contracts were signed, and not almost one year after. A retrospective extension would to some extent distort competition with other yards interested in the same orders.
IV. COMMENTS FROM SPAIN
(10) Spain agreed with the French comments on the time needed between contract and delivery. Concerning notification of the extension one year after the contracts were signed, Spain stated that it had notified the request in any event and would wait for a Commission decision before any contract-related aid was provided.
V. ASSESSMENT OF THE MEASURE
(11) According to Article 87(1) of the Treaty, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the common market. In accordance with the established case-law of the Community law courts, the criterion of trade being affected is met, if the recipient firm carries out an economic activity involving trade between Member States. Shipbuilding is an economic activity involving trade between Member States.
(12) According to Article 87(3)(e) of the EC Treaty, categories of aid specified by a decision of the Council acting by a qualified majority on a proposal from the Commission may be considered compatible with the common market. The Commission notes that the Council adopted the shipbuilding Regulation on this basis on 29 June 1998.
(13) The Commission notes that, according to that Regulation, "shipbuilding" means building of self-propelled seagoing commercial vessels. The Commission also notes that the IZAR-owned shipyards Puerto Real and Cadiz build such ships and consequently are undertakings covered by the Regulation.
(14) Under Article 3(1) of the shipbuilding Regulation, a maximum ceiling of 9 % for contract-related operating aid for ships was allowed until 31 December 2000. The aid ceiling applicable to the contract would be the one in force at the date when the final contract is signed. However, this does not apply to ships delivered more than three years after the signing of the contract. In these cases, the ceiling applicable is the one in force three years before the date of the delivery of the ship. Consequently, the last delivery date for a vessel still qualifying for operating aid is 31 December 2003.
(15) Article 3(2) of the shipbuilding Regulation stipulates that "the Commission may, however, grant an extension of the three-year delivery limit when this is found justified by the technical complexity of the individual shipbuilding project concerned or by delays resulting from unexpected disruptions of a substantial and defensible nature in the working programme of a yard due to exceptional circumstances, unforeseeable and external to the company". It will be noted that Spain bases its request for extension of the delivery limit on the technical complexity of the individual shipbuilding project concerned.
(16) The Commission notes that extension of the delivery limit is crucial to deciding whether the ships in question will qualify for contract-related operating aid. The operating aid in question concerns financing from State resources part of the costs that the yard in question would normally have to bear when building a vessel. Therefore, the aid which can be provided if the three-year delivery limit is extended for the ships falls within the scope of Article 87(1) of the EC Treaty.
(17) When it initiated the proceeding, the Commission expressed doubts about two aspects of the case. These were the production time and the period between contract and delivery of the vessels in question. These doubts will be analysed below in light of the information received during the proceeding.
(18) As regards the first doubt, the construction period for the LNG tankers, the Commission stated that it currently took only about 30 months to build a vessel of this type. The fact that it is possible to deliver LNG tankers within 36 months of signing the contract led to doubts that such ships could benefit from an extension of the three-year limit due to technical complexity.
(19) On this issue Spain has highlighted the complexity of the ships, and requested that production times should be compared with other EU shipyards and not with the most experienced Korean shipyards. It has also underlined the need to make a certain number of installations at the shipyards concerned, since it is the first time LNG tankers have been built there. Spain also points out that double hull LNG tankers, built in Spain, are more complex than some other LNG tankers, and therefore need a longer construction period.
(20) The information provided during the proceeding has not contradicted the statement made when the proceeding was initiated that, currently, the construction period could be about 30 months. Nevertheless, the Commission acknowledges that LNG tankers are particularly complex ships technically, with a long construction period. It also notes that the fact that the two Spanish yards, and IZAR, are building vessels of this type for the first time, is a valid reason for accepting a somewhat longer production time than in the case of the most experienced Korean shipyards.
(21) Furthermore, the Commission would cite its statement from 1990 to the effect that when it proposed the possibility of extending the three-year limit for technical reasons, it was taking account in particular of the construction of liquid gas tankers and very large cruise liners.
(22) As regards the second doubt, the period from contract to delivery of the vessels concerned, the Commission wondered whether this was not much longer than could be considered necessary. Both France and Spain submitted comments in this respect. Spain states that the average period from contract to delivery for LNG tankers built in the EU is around 49 months, and for LNG tankers built in Asia around 42 months. France agrees that periods from contract to delivery in the major Asian yards are between 35 and 60 months.
(23) The Commission notes that the period from contract to delivery is a combination of the construction period and the time from signing the contract to starting production. The Commission would not be able to extend the delivery period, if the time from contract to the start of production was excessively long. In the present case, the time from contract to start of production of the vessels is 6, 5 and 12 months respectively, which the Commission considers to be acceptable.
(24) For the reasons set out above, the Commission considers that the delivery time may be extended for the vessels concerned in accordance with the abovementioned planned delivery dates.
(25) It will be noted that, when it initiated the proceeding, the Commission stated that, following its negative decision on State aid in the form of tax credits for publicly owned Spanish shipyards (2000/131/EC)(6), the yards in question have not repaid the aid. If, in its final decision on this case, the Commission should find that there is reason to authorise the three-year extension for any of the three LNG tankers, it would also have to examine the relevance of the judgment of the Court of Justice of 15 May 1997 in Case C-355/95 Textilwerke Deggendorf(7), if the abovementioned aid has still not been recovered.
(26) The Commission considers in this respect that it can adopt a decision to suspend payment of aid which is compatible with the common market, the principle in Deggendorf, only if the aid granted in the new decision gives rise to a combination of aid that renders the new aid incompatible. The Commission considers that the present case does not concern the effect of combination on the amount of aid to be authorised, but only whether specific conditions for an extension exist.
(27) The Commission finds, therefore, that the fact that it does not consider that the illegal state aid referred to above has been recovered does not prevent Spain from granting the operating aid linked to the three vessels in question.
(28) Lastly, regarding the French comment that a retrospective extension would to some extent distort competition with other yards interested in the same orders, the Commission notes that Article 3(2) of the Shipbuilding Regulation does not state that requests for an extension of the delivery limit have to be notified before the contracts are signed. The Commission also notes that Spain has informed it that no operating aid will be granted for the vessels in question, unless the Commission decides to extend the delivery period.
VI. CONCLUSION
(29) In view of the reasons set out above, the Commission considers that an extension of the three-year delivery period can be approved for the three vessels in question. The delivery period should be extended to the planned delivery dates mentioned above (15 February 2004, 30 June 2004 and 31 December 2004),
The three-year delivery limit laid down in Article 3(2) of Regulation (EC) No 1540/98 is extended for three LNG tankers built by IZAR as follows:
(a) until 15 February 2004, for ship 321 built at Sestao shipyard;
(b) until 30 June 2004, for ship 103 built at Puerto Real shipyard, and
(c) until 31 December 2004, for ship 105 built at Puerto Real shipyard.
This decision is addressed to the Kingdom of Spain. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
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