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31997R2179
|
Commission Regulation (EC) No 2179/97 of 31 October 1997 amending Regulation (EC) No 1466/95 laying down special detailed rules of application for export refunds on milk and milk products
|
COMMISSION REGULATION (EC) No 2179/97 of 31 October 1997 amending Regulation (EC) No 1466/95 laying down special detailed rules of application for export refunds on milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EC) No 1587/96 (2), and in particular Article 17 (14) thereof,
Whereas Commission Regulation (EC) No 1466/95 (3), as last amended by Regulation (EC) No 1913/97 (4), lays down special detailed rules of application for export refunds on milk and milk products; whereas Article 9a of the Regulation lays down that the export licences for cheeses exported to the United States of America as part of the additional quota under the Agreements concluded during the Uruguay Round of multilateral trade negotiations can be allocated under a special procedure designating the preferential importers in the United States of America; whereas experience has shown the need to make some technical amendments to ensure the sound working of the procedure;
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 3b is added to Article 9a of Regulation (EC) No 1466/95:
'3b. The provisional licence referred to in the first subparagraph of paragraph 2 shall include the following in Section 20:
Provisional export licence referred to in the first subparagraph of Article 9a (2) of Regulation (EC) No 1466/95: not valid for exports`.
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 |
31982D0058
|
82/58/EEC: Commission Decision of 21 December 1981 establishing that the apparatus described as 'Unigon waterfall sonogram frequency analysis system, model BC- 1' may not be imported free of Common Customs Tariff duties
|
COMMISSION DECISION
of 21 December 1981
establishing that the apparatus described as 'Unigon waterfall sonogram frequency analysis system, model BC-1' may not be imported free of Common Customs Tariff duties
(82/58/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials (1), as amended by Regulation (EEC) No 1027/79 (2),
Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Article 7 thereof,
Whereas, by letter dated 6 July 1981, the Government of the Federal Republic of Germany has requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as 'Unigon waterfall sonogram frequency analysis system, model BC-1', to be used for the analysis of animal signals, 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 18 November 1981 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question is a frequency analysis system;
Whereas it does not have the requisite objective characteristics making it specifically suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for non-scientific activities; 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 justified,
The apparatus described as 'Unigon waterfall sonogram frequency analysis system, model BC-1', which is the subject of an application by the Federal Republic of Germany of 6 July 1981, may not be imported free of Common Customs Tariff duties.
This Decision is addressed to the Member States.
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32010D0241
|
2010/241/: Council Decision of 26 April 2010 appointing one Dutch alternate member of the Committee of the Regions
|
29.4.2010 EN Official Journal of the European Union L 107/19
COUNCIL DECISION
of 26 April 2010
appointing one Dutch alternate member of the Committee of the Regions
(2010/241/EU)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on the functioning of the European Union, and in particular Article 305 thereof,
Having regard to the proposal of the Dutch Government,
Whereas:
(1) On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU and 2010/29/EU appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015 (1).
(2) An alternate member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Harry DIJKSMA,
The following is hereby appointed to the Committee of the Regions as an alternate member for the remainder of the current term of office, which runs until 25 January 2015:
Mr M.F.A. (René) van DIESSEN, Gedeputeerde (Deputy Queen’s Commissioner) of the Province of Flevoland,
This Decision shall take effect on the day of its adoption.
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31999R1649
|
Commission Regulation (EC) No 1649/1999 of 27 July 1999 derogating from Regulation (EEC) No 3444/90 laying down detailed rules for granting private storage aid for pigmeat
|
COMMISSION REGULATION (EC) No 1649/1999
of 27 July 1999
derogating from Regulation (EEC) No 3444/90 laying down detailed rules for granting private storage aid for pigmeat
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organisation of the market in pigmeat(1), as last amended by Regulation (EC) No 3290/94(2), and in particular Article 4(6) and Article 5(4) thereof,
(1) Whereas Article 4(1) of Commission Regulation (EEC) No 3444/90 of 27 November 1990, laying down detailed rules for granting private storage aid for pigmeat(3), as last amended by Regulation (EC) No 3533/93(4), stipulates that placing in storage must be completed not later than 28 days after the date of conclusion of the contract; whereas Article 5(5) of that Regulation stipulates that where the time limit for placing in storage is exceeded the contract is to be annulled and the security forfeit;
(2) Whereas Commission Decisions 1999/363/EC(5), 1999/368/EC(6), 1999/389/EC(7), 1999/390/EC(8) and 1999/449/EC(9), lay down measures to protect certain products of animal origin intended for human or animal consumption from contamination by dioxin;
(3) Whereas operators having concluded private storage contracts persuant to Commission Regulation (EC) No 2042/98 of 25 September 1998 on special conditions for the granting of private storage aid for pigmeat(10), as amended by Regulation (EC) No 2619/98(11), have experienced difficulties in starting or finishing placing in storage within the specified time limit because of the protection measures linked to the contamination by dioxin of certain products intended for human consumption and the slaughtering ban imposed by the Belgian authorities during the period 3 to 13 June 1999; whereas it is therefore necessary to extend by 21 days the time limit for allowing unfinished placing in storage to be completed or to allow placing in storage to begin at a later date, so as to prevent contracts being cancelled and securities being lost;
(4) Whereas this Regulation should be made to apply from 17 July 1999 so as to allow the Belgian authorities and the operators to carry out placing in storage quickly;
(5) Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
By derogation from Article 5(1) of Regulation (EEC) No 3444/90, operators who have concluded private storage contracts pursuant to Regulation (EC) No 2042/98, but who have not been able to complete placing in storage as a result of difficulties linked to the slaughtering ban imposed during the period 3 to 13 June 1999 may have a further 21 days in which to complete it.
By derogation from Article 5(5) of Regulation (EEC) No 3444/90, operators who have concluded private storage contracts pursuant to Regulation (EC) No 2042/98 but who have not been able to commence placing in storage as a result of difficulties linked to the slaughtering ban imposed during the period 3 to 13 June 1999 may commence placing in storage no sooner than the third working day following the date on which the application referred to in Article 3 is lodged, but no later than 6 August 1999. The time limit for placing in storage provided for in Article 4(1) of Regulation (EEC) No 3444/90 shall commence on the same day.
This Regulation shall apply at the request of operators who can prove to the satisfaction of the competent authority that they have not been able to start or finish placing in storage within the time limits laid down in Article 4 of Regulation (EEC) No 3444/90 as a result of the protection measures taken pursuant to Decisions 1999/363/EC, 1999/368/EC, 1999/389/EC, 1999/390/EC and 1999/449/EC and of the slaughtering ban imposed by the Belgian authorities.
In evaluating the situation referred to in the first paragraph the competent authorities shall use the commercial documents referred to in Article 1(2) of Council Regulation (EEC) No 4045/89(12).
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 17 July 1999.
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 |
31997D0455
|
97/455/EC: Commission Decision of 1 July 1997 concerning a request for exemption submitted by 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 1 July 1997 concerning a request for exemption submitted by 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) (97/455/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 96/79/EC (2), and in particular Article 8 (2) (c) thereof,
Whereas the request submitted by Germany on 5 August 1996, which was received by the Commission on 14 August 1996, was accompanied by a report containing the information required by Article 8 (2) (c); whereas the request concerns two types of gas discharge lamp for two types of headlamp for one type of motor vehicle;
Whereas the information provided by Germany shows that the technology and principle embodied in these new types of gas discharge lamp and headlamp do not meet the requirements of Community regulations; whereas, however, the descriptions of the tests, the results thereof and the action taken in order to ensure road safety are satisfactory and ensure a level of safety equivalent to that of the lamps and headlamps covered by the requirements of the Directives in force and, in particular, of Council Directive 76/761/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to motor-vehicle headlamps which function as main-beam and/or dipped-beam and to incandescent electric filament lamps for such headlamps (3), as last amended by Commission Directive 89/517/EEC (4);
Whereas these new types of gas discharge lamp and these new types of headlamp meet the requirements of UNECE (United Nations Economic Commission for Europe) Regulations Nos 98 and 99; whereas it is therefore justified to allow the three items covered by the request for exemption, i.e. the types of gas discharge lamp, the types of headlamp fitted with these types of lamp and the type of motor vehicle, to benefit from the granting of EC type-approval on condition that the type of vehicle concerned is equipped with an automatic headlamp levelling system, a headlamp cleaning device and a system guaranteeing that dipped-beam headlamps are lit even if the main-beam headlamps are lit;
Whereas the Community Directives concerned will be amended in order to enable gas discharge lamps embodying this new technology, headlamps fitted with such lamps and motor vehicles equipped with such headlamps to be placed on the market;
Whereas the measure provided for in this Decision is in accordance with the opinion of the Committee on Adaptation to Technical Progress set up by Directive 70/156/EEC,
The request submitted by Germany for an exemption concerning two types of gas discharge lamp for two types of headlamp for one type of motor vehicle is hereby approved on condition that the vehicle type concerned is equipped with an automatic headlamp levelling system, a headlamp cleaning device and a system guaranteeing that dipped-beam headlamps are lit even if the main-beam headlamps are lit.
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 |
31993R2347
|
COUNCIL REGULATION (EEC) No 2347/93 of 24 August 1993 repealing Regulation (EEC) No 112/90 imposing anti-dumping measures concerning imports of certain compact disc players originating in Japan and the Republic of Korea
|
COUNCIL REGULATION (EEC) No 2347/93 of 24 August 1993 repealing Regulation (EEC) No 112/90 imposing anti-dumping measures concerning imports of certain compact disc players originating in Japan and the Republic of Korea
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Articles 9 and 14 thereof,
Having regard to the proposal submitted by the Commission, after consultations within the Advisory Committee as provided for under the above Regulation,
Whereas:
A. Procedure (1) By Regulation (EEC) No 112/90 (2), the Council imposed a definitive anti-dumping duty on imports of certain compact disc players originating in Japan and the Republic of Korea. This Regulation was amended by Regulation (EEC) No 819/92 (3) with regard to the definition of the product concerned with the imposition of the anti-dumping duty.
(2) In July 1991, the Commission announced, by a notice published in the Official Journal of the European Communities (4), the initiation of an investigation provided for in Articles 13 (11) and 14 of Regulation (EEC) No 2423/88, to examine the allegations of a complaint by the Committee of Mechoptronics Producers and connected Technologies ('Compact') representing a major proportion of the Community industry concerned. This complaint was that the anti-dumping duty referred to in recital 1 of this Regulation had been borne by the exporters. At the same time, the Commission had initiated, on the basis of Article 14 of Regulation (EEC) No 2423/88, a partial review of Regulation (EEC) No 112/90 in respect of the exports of one Japanese producer, Accuphase Laboratory (5).
(3) In view of the nature of the information submitted by the exporting parties known to be concerned, together with the particular characteristics of the market for the product and the time which had elapsed since the original investigation period, the Commission considered that, in order to avoid any potential discrimination, the investigation referred to in recital 2 should involve a full review of Regulation (EEC) No 112/90 and published for this purpose a notice in the Official Journal of the European Communities (6).
(4) The Commission officially advised the exporters and importers known to be concerned, the respresentative of the exporting countries and the complainant and gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing.
(5) All the known Korean exports, most of the Japanese exporters and all complainant Community producers made their views known in writing. Submissions were also made by a number of importers.
(6) The Commission sought and verified all information considered necessary and carried out investigations at the premises of the complainant Community producers, the Japanese and Korean producers, and a number of importers.
(7) The Commission requested, and received, written and oral submissions from the Community producers, from a number of exporters and from a number of importers, and verified the information provided to the extent considered necessary.
(8) In June 1992, following the submission of a further complaint by Compact containing sufficient evidence of dumping and injury resulting therefrom, the Commission announced, by a notice published in the Official Journal of the European Communities (7), the initiation of an anti-dumping proceeding concerning imports of compact disc players originating in Taiwan, Singapore and Malaysia. In this notice, the Commission indicated that at least some of the compact disc players at present exported from Taiwan, Singapore and Malaysia may not originate, according to the Community rules on origin, in these three countries, but in Japan. The Commission therefore stated that the findings on the question of origin of these products could also be relevant to the review of the anti-dumping measures imposed by Regulation (EEC) No 112/90 which imposed anti-dumping duties on imports of the product concerned originating in Japan and Korea.
(9) The investigation of dumping covered the period from 1 January to 30 June 1991 (investigation period).
B. Community industry (10) The Commission found two categories of producers of compact disc players in the Community during the investigation period:
- manufacturing subsidiaries of the Japanese producers whose products are subject to anti-dumping duty. In accordance with the provisions of Article 4 (5) of Regulation (EEC) No 2423/88 and with the consistent practice of the Community Institutions, these companies have therefore been excluded from the Community industry for the purpose of the injury assessment;
- the Community producers on behalf of which the complaint was lodged which, according to the information available to the Commission, manufacted, during the investigation period, 100 % of total Community output of the product under investigation.
C. Withdrawal of the complaint, termination of the review and repeal of the existing measures (11) The two major Community producers, comprising 97 % of the Community industry's output of the product, have officially advised the Commission of their intention to cease production of compact disc players in the Community. These producers declared that the discontinuation of their production within the Community would be completed by the end of 1993 and that they were of the opinion that there was no justication for the continued existence of protective measures.
(12) Furthermore, the complainant, Compact, representing all producers comprising the Community industry, formally withdrew its complaints on 6 April 1993 and requested the Commission to propose to the Council the repeal of the anti-dumping measures currently in force concerning imports of compact disc player originating in Japan and the Republic of Korea.
(13) In these circumstances, the Commission considers that protective measures are no longer necessary. The Council agrees,
Regulation (EEC) No 112/90 is hereby repealed.
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 | 0.5 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32011D0123
|
2011/123/EU: Commission Decision of 23 February 2011 recognising in principle the completeness of the dossiers submitted for detailed examination in view of the possible inclusion of sedaxane and Bacillus firmus I-1582 in Annex I to Council Directive 91/414/EEC (notified under document C(2011) 989) Text with EEA relevance
|
24.2.2011 EN Official Journal of the European Union L 49/40
COMMISSION DECISION
of 23 February 2011
recognising in principle the completeness of the dossiers submitted for detailed examination in view of the possible inclusion of sedaxane and Bacillus firmus I-1582 in Annex I to Council Directive 91/414/EEC
(notified under document C(2011) 989)
(Text with EEA relevance)
(2011/123/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(3) thereof,
Whereas:
(1) Directive 91/414/EEC provides for the development of a European Union list of active substances authorised for incorporation in plant protection products.
(2) The dossier for the active substance sedaxane was submitted by Syngenta Crop Protection AG to the authorities of France on 18 June 2010 with the application to obtain its inclusion in Annex I to Directive 91/414/EEC.
(3) The dossier for the active substance Bacillus firmus I-1582 was submitted by Bayer CropScience SAS to the authorities of France on 29 September 2010 with the application to obtain its inclusion in Annex I to Directive 91/414/EEC.
(4) The French authorities have indicated to the Commission that, on preliminary examination, the dossiers for the active substances concerned appear to satisfy the data and information requirements set out in Annex II to Directive 91/414/EEC. The dossiers submitted appear also to satisfy the data and information requirements set out in Annex III to Directive 91/414/EEC in respect of one plant protection product containing the active substances concerned. In accordance with Article 6(2) of Directive 91/414/EEC, the dossiers were subsequently forwarded by the applicants to the Commission and other Member States, and were referred to the Standing Committee on the Food Chain and Animal Health.
(5) By this Decision it should be formally confirmed at European Union level that the dossiers are considered as satisfying in principle the data and information requirements set out in Annex II and, for at least one plant protection product containing one of the active substances concerned, the requirements set out in Annex III to Directive 91/414/EEC.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
The dossiers concerning the active substances identified in the Annex to this Decision, which were submitted to the Commission and the Member States with a view to obtaining the inclusion of those substances in Annex I to Directive 91/414/EEC, satisfy in principle the data and information requirements set out in Annex II to that Directive.
The dossiers also satisfy the data and information requirements set out in Annex III to Directive 91/414/EEC in respect of one plant protection product containing the active substance, taking into account the uses proposed.
The rapporteur Member State shall pursue the detailed examination for the dossiers referred to in Article 1 and shall communicate to the Commission the conclusions of its examination accompanied by any recommendations on the inclusion or non-inclusion in Annex I to Directive 91/414/EEC of the active substances referred to in Article 1 and any conditions for that inclusion as soon as possible and by 28 February 2012 at the latest.
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 |
31996D0737
|
96/737/EC: Council Decision of 16 December 1996 concerning a multiannual programme for the promotion of energy efficiency in the Community - SAVE II
|
COUNCIL DECISION of 16 December 1996 concerning a multiannual programme for the promotion of energy efficiency in the Community - SAVE II (96/737/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 130s (1) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Having regard to the opinion of the Committee of the Regions (3),
Acting in accordance with the procedure laid down in Article 189 (c) of the Treaty (4),
(1) Whereas Article 130r of the Treaty states that one objective of the Community policy on the environment shall be to ensure a prudent and rational utilization of natural resources;
(2) Whereas at its meeting on 29 October 1990 the Council set an objective of stabilizing total CO2 emissions by the year 2000 at the 1990 level in the Community as a whole;
(3) Whereas Decision 93/389/EEC (5) established a monitoring mechanism of Community CO2 and other greenhouse gas emissions;
(4) Whereas nonetheless, despite efforts made, CO2 emissions in the Community generated by energy consumption are expected to increase by 5 to 8 % between 1995 and 2000, assuming normal economical growth; whereas, therefore, additional measures are indispensable;
(5) Whereas the Commission, in its communication of 8 February 1990 on energy and the environment, highlighted energy efficiency as the cornerstone of future efforts to reduce the negative impact of energy on the environment;
(6) Whereas improvement in the management of energy is urgently needed in order to contribute to the protection of the environment, to a better security of energy supply and to sustainable development;
(7) Whereas the Commission has communicated to the Council and the European Parliament, by means of the Green paper of 11 January 1995 and the White Paper of 13 December 1995, its views on the future of energy policy in the Community, and the role of energy-saving and energy efficiency measures;
(8) Whereas Article 130a of the Treaty provides that the Community should develop and pursue its actions leading to the strengthening of its economic and social cohesion, and that it should, in particular, reduce disparities between the levels of development of the various regions and the backwardness of the least-favoured regions; whereas energy should be integrated into that effort;
(9) Whereas, by Decision 91/565/EEC (6), a Community energy efficiency programme (SAVE), aimed at strengthening energy efficiency infrastructures within the Community, was adopted; whereas that programme expired on 31 December 1995;
(10) Whereas the Community recognized the SAVE programme as an important element of the Community's CO2 reduction strategy; whereas the communication of the Commission of 8 May 1991 on the European Community's energy programming activities at regional level, the conclusion of the Council on this communication, and the Resolution of the European Parliament of 16 July 1993 (7) stated that those activities should be pursued, amplified and utilized as a support for the energy strategy of the Community; whereas this initiative for regional actions should now be totally incorporated into a new SAVE II programme;
(11) Whereas by Decision No 1110/94/EC on the European Parliament and of the Council (8), a fourth framework programme for actions in technological research, development and demonstration was established; whereas energy efficiency policy constitutes an important instrument for the use and promotion of the new energy technologies that the framework programme will establish; whereas the SAVE II programme represents a policy instrument which complements this programme;
(12) Whereas the SAVE II programme aims at improving energy intensity of final consumption by a further one percentage point per annum over that which would have been otherwise attained;
(13) Whereas at its meeting on 15 on 16 December 1994 the Council stated that the target of stabilizing CO2 emissions can only be achieved by a coordinated package of measures to import energy efficiency and the rational use of energy which are based on supply and demand at all levels of energy production, conversion, transport and consumption and to exploit renewable energies, and that local energy management programmes are amongst these measures;
(14) Whereas in its opinion on the Commission's Green Paper on energy policy (9), the European Parliament called for the formulation of objectives and a common programme for energy efficiency and savings compatible with the objectives concerning the emissions of greenhouse gases as agreed in Rio de Janeiro (1992) and Berlin (1995), called for a SAVE II programme and requested that the Commission clarify the role which it intends to play in energy savings and efficiency by creating practical projects;
(15) Whereas improved energy efficiency will have a positive impact on both the environment and the security of energy supplies which are global in nature; whereas a high level of international cooperation is needed to produce the most positive results;
(16) Whereas all the elements of the Community action programme for improving the efficiency of electricity use set out in Council Decision 89/364/EEC (10) should be incorporated into the SAVE II programme; whereas therefore that Decision should be repealed;
(17) Whereas between 180 and 200 million tonnes of CO2 emissions could be avoided by the year 2000 by an improvement of 5 % in the energy intensity of final demand additional to the conventional expectations;
(18) Whereas the SAVE II programme is an important and necessary instrument for promoting increased energy efficiency;
(19) Whereas in order to prevent duplication and to achieve synergy, care should be taken in implementing the programme to ensure close cooperation with other Community programmes linked directly with energy efficiency promotion;
(20) Whereas it is politically and economically desirable to open the SAVE II programme to the associated Central and Eastern European Countries in accordance with the conclusions of the European Council meeting in Copenhagen in June 1994 and as outlined in the Commission communication to the Council on the subject in May 1994, and to the associated Mediterranean Countries Cyprus and Malta;
(21) Whereas, in order to ensure that Community aid is used efficiently, the Commission shall ensure that projects are subject to thorough prior appraisal and shall systematically monitor and evaluate the progress and results of supported projects;
(22) Whereas a financial reference amount within the meaning of point 2 of the Declaration by the European Parliament, the Council and the Commission of 6 March 1995 (11), is included in this decision for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty;
(23) Whereas, before the end of 1997, the financial reference amount for the remaining period of the programme should be reviewed, on the basis of a study carried out by the Commission on the coordination of all the relevant programmes in the energy sector,
1. The Community shall support a five-year programme for the preparation and implementation of measures and actions in a cost-effective manner in order to promote energy efficiency within the Community. The general overall objectives of this programme are:
(a) to stimulate energy efficiency measures in all sectors;
(b) to encourage investments in energy conservation by private and public consumers and by industry;
(c) to create the conditions for improving the energy intensity of final consumption.
2. Community financing will be given under the 'SAVE II programme to promote energy efficiency in the Community`, hereafter referred to as 'the programme`, for actions which fall within the objectives of this Decision.
Under the programme, the following categories of actions and measures on energy efficiency shall be financed:
(a) studies and other related actions aimed at the implementation and completion of Community measures (such as voluntary agreements, mandates to standardization bodies, cooperative procurements and legislation) taken to improve energy efficiency, studies concerning the effects of energy pricing on energy efficiency, and studies with a view to establishing energy efficiency as a criterion within Community programmes;
(b) sectorial targeted pilot actions aimed at accelerating energy efficiency investment and/or improving energy use patterns, to be carried out by organizations or public and private enterprises as well as by existing Community-wide networks or temporary groupings of organizations and/or enterprises formed to accomplish the projects;
(c) measures proposed by the Commission to foster the exchange of experience aimed at promoting better coordination between international, Community, national, regional and local activities by appropriate means for information dissemination;
(d) measures as under (c) but proposed otherwise than by the Commission;
(e) monitoring of energy efficiency progress in the Community and in individual Member States and ongoing evaluation and monitoring of the actions and measures undertaken under the programme;
(f) specific actions in favour of energy management at regional and urban level and in favour of greater cohesion between Member States and regions in the field of energy efficiency.
1. All the costs relating to the actions and measures referred to in Article 2 (a), (c) and (e) shall be borne by the general budget of the European Communities.
2. The level of funding for the actions and measures referred to in Article 2 (b), (d) and (f) shall be set at a maximum of 50 % of their total cost.
3. The balance of the funding of the actions and measures referred to in Article 2 (b), (d) and (f) may be made up from either public or private sources or from a combination of the two.
1. The final reference amount for the implementation of this programme shall be ECU 45 million. The annual appropriations shall be authorized by the budgetary authority within the limits of the financial perspectives.
2. Before the end of 1997, the Council, in accordance with the relevant provisions of the Treaty, shall review the financial reference amount for the remaining period of the programme, on the basis of a communication and, if appropriate, proposals from the Commission taken into account all the relevant programmes in the energy sector.
1. The Commission will be responsible for the financial execution and implementation of the programme. The Commission will also ensure that actions under this programme are subject to prior appraisal, monitoring and subsequent evaluation, which, on completion of the project, shall include assessment of impact, implementation and whether their original objectives have been achieved.
2. The selected beneficiaries shall submit reports to the Commission on a six-monthly basis and on completion.
3. The conditions and guidelines to be applied for the support of all actions and measures referred to in Article 2 shall be defined each year taking into account:
- the cost effectiveness criteria, the savings potential and environmental impact, in particular the reduction of CO2 emissions,
- the list of priorities referred to in Article 7,
- the cohesion of Member States in the field of energy efficiency.
The Committee referred to in Article 6 (2) will assist the Commission in defining these conditions and guidelines.
1. In cases where the amount involved does not exceed ECU 100 000, the following shall apply:
The Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.
The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.
The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.
The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.
2. In cases where the amount involved exceeds ECU 100 000, the following shall apply:
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 Council forthwith. In that event:
- the Commission may defer application of the measures which it has decided for a period of not more than 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 indent.
The Commission shall formulate, on an annual basis, a list of priorities for funding under the programme. This list shall take into account complementarity between the SAVE II programme and the national programmes on the basis of annual information in a summary form supplied by each Member State. Priority shall be given to those areas where such complementaried is greatest.
The committee referred to in Article 6 (2) will assist the Commission in defining the list of priorities.
1. After every year of the programme, the Commission shall present to the European Parliament and to the Council a progress report together with proposals concerning modifications of guidelines, defined according to Article 5 (3), which could be necessary in the light on the results of the previous year.
2. After the third year of the programme, the Commission shall present a report to the European Parliament and to the Council on the energy efficiency measures undertaken at Community and Member State level and on the results achieved, with particular reference to the objectives outlined under Article 1. The report shall be accompanied by proposals for any amendments which may be necessary to the programme in the light of these results.
3. On expiry of the programme, the Commission shall make an overall assessment of the results obtained through the application of this Decision, and of the consistency of national and Community actions. It shall present a report thereon to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions, stating in particular, how far the objective outlined under Article 1 has been achieved.
Decision 89/364/EEC is hereby repealed.
0
The programme shall be open to the participation of associated Central and Eastern European countries in accordance with the conditions, including financial arrangements, agreed to in the Additional Protocols to the association Agreements, concerning participation in Community programmes. This programme shall be open to the participation of Cyprus and Malta on the basis of additional appropriations in accordance with the same rules as apply to the EFTA countries following procedures to be agreed with the countries in question.
1
This Decision shall apply from 1 January 1996 to 31 December 2000.
2
This Decision is addressed to the Member States,
| 0 | 0 | 0.125 | 0 | 0 | 0 | 0.5 | 0 | 0.125 | 0.125 | 0 | 0 | 0 | 0 | 0 | 0.125 | 0 |
31992R2025
|
Commission Regulation (EEC) No 2025/92 of 22 July 1992 on detailed rules for the application of the specific supply measures for the Canary Islands as regards olive oil and establishing the forecast supply balance
|
COMMISSION REGULATION (EEC) No 2025/92 of 22 July 1992 on detailed rules for the application of the specific supply measures for the Canary Islands as regards olive oil and establishing the forecast supply balance
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic 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), and in particular Article 10 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 rate to be applied for the purposes of the common agricultural policy (2), as last amended by Regulation (EEC) No 2205/90 (3), and in particular Article 12 thereof,
Whereas common detailed rules for implementation of the specific arrangements for the supply of certain agricultural products to the Canary Islands are laid down by Commission Regulation (EEC) No 1695/92 (4);
Whereas Commission Regulation (EEC) No 3719/88 (5), as last amended by Regulation (EEC) No 1599/90 (6) lays down in particular detailed rules for the application of the system of import licences;
Whereas, pursuant to Article 2 of Regulation (EEC) No 1601/92 the forecast supply balance for olive oil for the Canary Islands until the end of the present marketing year should be drawn up; whereas this must permit interchangeability of the quantities set for certain products and must if necessary be reviewed in line with the islands' actual requirements;
Whereas under the terms of Article 3 of Regulation (EEC) No 1601/92 the Canary Islands' olive oil requirements in terms of quantity, price and quality are to be met by mobilization of Community products on terms equivalent for the end user to exemption from import duties; whereas this requires the granting of aid on Community supplies; whereas this aid must reflect the costs of the various sources of supply and the prices of exports to third countries; whereas this will involve differentiating the aid by type of product;
Whereas the Member State in question should designate the authority responsible for issuing import licences and aid certificates, receiving aid applications and paying aid;
Whereas a time schedule should be set for the lodging of applications for licences and certificates and the terms of acceptability of applications, particularly in regard to the lodging of security, whereas the periods of validity of import licences and aid certificates should be set in line with supply requirements and administrative needs; whereas accordingly, given the special situation of the Canary Islands, a longer period of validity for aid certificates should be granted;
Whereas the arrangements introduced by Regulation (EEC) No 1601/92 came into force on 1 July 1992; whereas the detailed rules of application must be effective from the same date;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,
1. Pursuant to Articles 2 and 3 of Regulation (EEC) No 1601/92 the quantities of olive oil covered by the forecast supply balance which qualify, during the period 1 July to 31 October 1992, for exemption from duties on imports from third countries or for Community aid shall be those shown in the Annex.
Without prejudice to possible review during the period for which the balance is valid, the quantities set for each type of oil may be exceeded by 20 % provided that the overall quantity is not exceeded.
2. Pursuant to Article 3 (2) of Regulation (EEC) No 1601/92 the aid granted on olive oil of Community origin under the specific supply arrangements for the Canary Islands shall be equal, for each type of oil, to the average of the maximum export refund amounts set by tendering procedure for oil in small containers in the course of the month preceding that of submission of the certificate application, adjusted, where appropriate, by the accession compensatory amounts in force in the Member State of dispatch in respect of third countries, plus ECU 1 per 100 kg.
The Member State shall designate the authority responsible for:
(a) issuing import licences;
(b) issuing the aid certificate provided for in Article 4 (1) of Regulation (EEC) No 1695/92; and
(c) paying the aid to the operators concerned.
The provisions of Regulation (EEC) No 1695/92 shall apply.
1. Applications for import licences and aid certificates shall be lodged with the competent authority during the first five working days of each month. For July 1992, however, they shall be lodged before 25 July 1992. Importers may submit only one application per month. Applications shall not be admissible unless:
(a) submitted by a natural or legal person active in the olive-oil sector and enrolled to that effect in a public register of a Member State at 30 June 1992;
(b) the dtotal quantity requested by the operator does not exceed 400 tonnes, within the limit of the maximum quantity available when the application is lodged;
(c) proof is furnished before the end of the period for lodging applications that the importer has provided a security of ECU 10 per 100 kg.
2. The application and box 16 of the licence/certificate itself shall indicate the appropriate code as shown in the annexed estimate and the type of packaging of the product.
3. If, pursuant to Article 5 of Regulation (EEC) No 1695/92, licences/certificates are issued for quantities smaller than applied for, importers may withdraw their applications in writing within three working days of the date of issue.
4. Licences/certificates shall be issued not later than the tenth working day of each month. For July 1992, however, they shall be issued on 31 July.
1. The validity of import licences shall expire on the last day of the month following that of issue.
2. The validity of aid certificates shall expire on the last day of the second month following that of issue.
The aid provided for in Article 3 of Regulation (EEC) No 1601/92 shall be paid on quantities actually delivered to the Canary Islands. The rate applicable for payment in the national currency shall be the agricultural conversion rate applicable on the first day of the month in which the aid application is submitted.
Security provided against licences/certificates shall be released:
(a) if the competent authority has rejected the application;
(b) if the importer has withdrawn his application under Article 4 (3);
(c) when proof is furnished that the licence/certificate has been used; the security shall be released pro rata to the quantities charged to the licence/certificate; the full security shall be released when 95 % of the scheduled quantity has been used;
(d) when proof is furnished that the product has become unfit for any use or that importation has been prevented by force majeure.
Within three months of publication of this Regulation Spain shall adopt and notify to the Commission all further rules required, in particular to ensure that the benefit of the supply measures is actually passed on to the end user.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 July 1992. 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 |
31987R2428
|
Commission Regulation (EEC) No 2428/87 of 7 August 1987 amending quantitative limits fixed for imports of certain textile products originating in Czechoslovakia, Hungary and Romania
|
COMMISSION REGULATION (EEC) No 2428/87
of 7 August 1987
amending quantitative limits fixed for imports of certain textile products originating in Czechoslovakia, Hungary and Romania
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4136/86 of 22 December 1986 on common rules for imports of certain textile products originating in third countries (1), and in particular Articles 7 and 9 (2) thereof,
Whereas, by Regulation (EEC) No 4136/86, quantitative limits agreed with third countries are shared between the Member States for 1987;
Whereas, in the bilateral agreements, the Community has given undertakings to the supplier countries to adjust the allocation of limits among Member States in such a way as to ensure optimum utilization and to establish efficient and speedy procedures for adjusting the allocations;
Whereas Czechoslovakia, Hungary and Romania have asked that the allocation of Community quantitative limits among the Member States be adjusted in order to take account of the trend of trade flows, and to enable suppliers to utilize agreed Community limits more fully;
Whereas, under Article 9 (2) of Regulation (EEC) No 4136/86, quantiative limits may be increased where it appears that additional imports are required;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee,
The quantiative limits for textile products originating in Czechoslovakia, Hungary and Romania, as fixed in Annexes III and IV to Regulation (EEC) No 4136/86, are hereby amended for 1987 as laid down in Annexes I and II hereto.
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 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31988R4278
|
Council Regulation (EEC) No 4278/88 of 21 December 1988 concerning the safeguard measure laid down in Article 2 of Decision No 5/88 of the EEC-Finland Joint Committee amending Protocol 3
|
COUNCIL REGULATION (EEC) No 4278/88 of 21 December 1988 concerning the safeguard measure laid down in Article 2 of Decision No 5/88 of the EEC-Finland Joint Committee amending Protocol 3
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas an Agreement between the European Economic Community and the Republic of Finland (1) was signed on 5 October 1973 and came into force on 1 January 1974;
Whereas Protocol 3 concerning the definition of the concept of ´originating products' and methods of administrative cooperation, which is an integral part of the said Agreement, was amended by Decision No 5/88 of the EEC-Finland Joint Committee of 12 December 1988 (2) with a view to simplifying the cumulation rules; whereas a specific safeguard measure is provided for in Article 2 of that Decision;
Whereas Council Regulation (EEC) No 3288/73 of 3 December 1973 on the safeguard measures provided for in the Agreement between the European Economic Community and the Republic of Finland (3) relates only to the implementation of the safeguard and interim protective measures provided for in Articles 22 to 27 of the Agreement; whereas it is not suitable for implementation of the specific safeguard measure provided for in Article 2 of Decision No 5/88; whereas procedures for implementing the said safeguard should consequently be laid down;
Whereas the said safeguard measure is to apply throughout the experimental three-year period laid down in Decision No 5/88,
Where the application of the new provisions concerning cumulation leads to such an increase in the quantity of non-originating materials effectively incorporated that serious injury or threat of serious injury is caused to production being carried out in the Community, the Commission, acting on its own initiative or a reasoned request from a Member State, may adopt the safeguard measures provided for in Article 2 of Decision No 5/88 of the EEC-Finland Joint Committee. Such measures shall become applicable immediately.
Before deciding on the measures to be taken, the Commission may hold consultations. Such consultations shall be held in the Committee on Origin set up under Article 12 of Council Regulation (EEC) No 802/68 of 27 June 1968 on the common definition of the concept of the origin of goods Article 3 The Commission shall communicate any decision concerning the safeguard measures referred to in Article 1 to the Council and the Member States without delay. Any Member State may refer the Commission's decision to the Council within a period of not more than 15 working days.
The Council, acting on a qualified majority, may take a different decision within a period which shall in no circumstances exceed three months from the date of the communication referred to in the first subparagraph.
Nothing in this Regulation shall affect the procedures for implementation of the safeguard measures and interim protective measures in Articles 22 to 27 of the Agreement laid down by Regulation (EEC) No 3288/73.
The notification on behalf of the Community to the Joint Committee provided for in the second paragraph of Article 2 of Decision No 5/88 shall be made by the Commission.
This Regulation shall enter into force on 1 January 1989.
It shall apply until 31 December 1991.
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 |
31987D0104
|
87/104/EEC: Council Decision of 9 February 1987 accepting an undertaking given in connection with the anti-dumping proceeding concerning imports of paint, distemper, varnish and similar brushes originating in the People' s Republic of China, and terminating the investigation
|
COUNCIL DECISION
of 9 February 1987
accepting an undertaking given in connection with the anti-dumping proceeding concerning imports of paint, distemper, varnish and similar brushes originating in the People's Republic of China, and terminating the investigation
(87/104/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 10 thereof,
Having regard to the proposal from the Commission, presented after consultation within the Advisory Committee as provided for under the above Regulation,
Whereas:
A. Procedure
(1) In April 1986 the Commission received a complaint lodged by the 'FĂŠdĂŠration europĂŠenne de l'industrie de la brosserie et de la pinceauterie' on behalf of Community producers in all Member States of paint, distemper, varnish and similar brushes whose collective output constitutes practically all Community production of the product in question. The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice in the Official Journal of the European Communities (2), the initiation of an anti-dumping proceeding concerning imports into the Community of paint, distemper, varnish and similar brushes falling within Common Customs Tariff subheading ex 96.01 B III and corresponding to NIMEXE code 96.01-49, originating in the People's Republic of China and commenced an investigation.
(2) The Commission officially so advised the exporters and importers known to be concerned, the representatives of the exporting country and the complainants and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.
(3) The majority of the known producers and the exporter and a few importers made their views known in writing. Some have requested and have been granted hearings.
(4) No submissions were made on behalf of Community purchasers of the product in question.
(5) The Commission sought and verified all information it deemed to be necessary for the purposes of a preliminary determination and carried out investigations at the premises of the following:
EEC producers
Bechtloff KG, Burk, Federal Republic of Germany,
Briton Chadwick, Attleborough, United Kingdom,
D. O'Sullivan & Co. Ltd, Cork, Ireland,
Fleetwood Products Ltd, Dublin, Ireland,
L. G. Harris & Co. Ltd, Stoke Prior, Bromsgrove, United Kingdom,
Kronen-Pinselfabrik GmbH & Co. KG, Lohne, Federal Republic of Germany,
Messerer GmbH, Wieseth, Federal Republic of Germany,
Mosley-Stone Ltd, Stockport, United Kingdom,
H. L. Sterkel GmbH, Ravensburg, Federal Republic of Germany,
Wistoba-Pinselfabrik, Bad Lauterberg, Federal Republic of Germany.
EEC importers
Bristle, Hair & Fibre Company Ltd, London, United Kingdom,
Charles Bentey & Son Ltd, Loughborough, United Kingdom,
Tobias Braude & Co. Ltd, London, United Kingdom,
Delbanco Meyer & Co. Ltd, London, United Kingdom.
Third country
Harris (Ceylon) Ltd, Meegoda, Sri Lanka
The Commission requested and received detailed written submissions from almost all the complainant Community producers, the exporter and a few importers concerned and verified the information therein to the extent considered necessary.
(6) The investigation of dumping covered the period from 1 April 1985 to 31 March 1986.
B. Normal value
(7) In order to establish whether the imports from the People's Republic of China were dumped, the Commission had to take account of the fact that this country does not have a marked economy and the Commission therefore had to base its determination on the normal value in a market economy country. In this connection, the complainants had suggested the Sri Lankan market.
The Chinese exporter and one importer challenged the choice of Sri Lanka as a third country market but made no proposal as to another analogue country.
More specifically, one importer maintained that there was virtually no production in Sri Lanka. This assertion proved to be factually incorrect.
(8) The Commission is satisfied that there are no extraordinary differences in production processes between Sri Lanka and the exporting country.
It was furthermore established that there was sufficient internal competition in Sri Lanka between two major and a number of smaller producers to ensure that price levels were in a reasonable proportion to production costs.
(9) The Commission therefore concluded that it would be appropriate and not unreasonable to determine normal value on the basis of domestic prices in Sri Lanka.
C. Export price
(10) Export prices were determined on the basis of the prices actually paid or payable for the products sold for export to the Community.
D. Comparison
(11) For the purpose of comparing normal value with export prices the Chinese exporter claimed an allowance for import charges and indirect taxes in Sri Lanka; this was granted. No other allowances were claimed.
All comparisons were made at ex-works level.
E. Margins
(12) The above preliminary examination of the facts shows the existence of dumping in respect of the Chinese exporter, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community.
Varying margins of dumping were established depending on the type of brush concerned and the importing Member State. The weighted average dumping margin for all exports to the Community was found to be in excess of 100 %.
F. Injury
(13) It was found during the investigation that approximately 90 % of Chinese exports were concentrated in three Community markets, namely Germany, Ireland and the United Kingdom. The injury assessment therefore centred generally on these Member States.
(14) With regard to injury caused by the dumped imports the evidence available to the Commission shows that imports into the Community from the People's Republic of China were already substantial in 1980 and more than doubled between 1980 and 1981. Ever since, they have remained at a very high annual level of at least 25 million pieces (1) and substantially exceeded this amount in several years. The exact figures were, however, greatly influenced by large-scale shipments of brushes which would normally only have found their way onto the markets gradually but which nevertheless, since they were exported and imported in large consignments, have had an abrupt and immediate effect on the import figures, thus resulting in sharp fluctuations.
(15) As to market shares, since only a small number of importers have cooperated satisfactorily it proved impossible to establish with confidence exact market shares based on effective sales in the Community. The Commission, however, could satisfy itself on the basis of information supplied by the Chinese exporter that the market share held since 1982 by Chinese imports has been between 30 % and 40 % and that annual fluctuations generally remained within this bracket.
(16) The resale prices at which the imported Chinese product was resold in the Community undercut the prices of the Community industry by more than 50 % on average during the investigation period; the exact levels of undercutting varied according to product types. The Commission found that the resale prices of these imports were, in general, lower by far than those required to cover the costs of Community producers and provide a reasonable profit. There were even instances where Community producers received offers of Chinese brushes from importers in the Community at prices below their purchase price for the principal raw material involved, namely bristles, which was also supplied by the same exporter in the People's Republic of China.
(17) The consequent impact on the Community industry in the three Member States principally concerned has been a decrease in production between 1982 and the period of investigation which, according to the market concerned, varied between 28 % and 15 %. This led to a substantial reduction in capacity utilization for those producers which, given the situation, decided not to reduce their capacity or which, unlike a number of producers, did not diversify into other product lines.
The Commission further examined whether the dumped imports had a major effect on stock figures and employment. As to stock figures it was found that in view of the fact that the producers were generally small firms they were normally obliged to reduce production, either temporarily or permanently, rather than to increase stocks the financing of which would have proved impossible for them.
As to employment, the available figures were not found to lend themselves to any meaningful conclusion because most producers had introduced new machinery rationalizing the production process and almost all producers manufactured a variety of products for which their workforce would be equally available.
It was, however, found that a number of brush manufacturers had ceased production in recent years for which the availability of very cheap dumped Chinese brushes was a contributory factor.
When establishing the exact market share held by the Community producers the Commission encountered the same difficulties as described above in the context of the share held by Chinese exports. The Commission could, however, establish with confidence that, subject to annual fluctuations, their market share remained between 50 % and 60 %.
As regards the profit situation of the remaining Community producers the Commission established that, confronted by the very low prices of Chinese brushes which normally did not even cover the variable production costs of the Community producers, the latter normally followed one of a number of different options or a combination of these options to remain in business. They either diversified into manufacturing other related products and thus reduced their overhead costs for brushes; or they simply refused to sell their product below cost since as small companies they could not have sustained such action for any length of time; or they purchased limited quantities of Chinese brushes themselves from independent importers and sold them at a profit thus subsidizing their own production.
In the latter context, the Commission established on the basis of the available data that the amount of Chinese brushes sold by the Community producers in the period of investigation varied, according to the Member State, between 0 % and about 25 % of all sales of the Chinese product and that contrary to the action of some firms which ceased producing brushes in order to sell imported products only, the remaining producers only started selling Chinese brushes in order to prevent their established markets from being taken over by suppliers offering imported goods only; that the Community producers did not at any stage take the initiative to import Chinese products; that, consequently, the injury findings are not invalidated by the fact that the Community producers themselves sold limited quantities of Chinese goods. This conclusion was not contested by the exporter.
(18) Some importers claimed that they had created a new market for cheap throw-away brushes, especially in supermarkets and do-it-yourself stores and that the traditional Community producers were not interested in selling to this market. The Commission cannot accept this assertion. A new market is not created by simply selling an established product at less than half the price at which it is normally sold in the market. In any event, it is only because of the low dumping prices that a consumer is more readily prepared to consider discarding a brush after a limited use instead of supporting the additional expense and inconvenience of cleaning it. Furthermore, it is understandable that the Community industry is not interested in selling, and cannot sell for the sake of its own survival, at prices below its variable production costs.
(19) The Commission has considered whether injury has been caused by other factors such as imports from other sources or a substantial change in the pattern of consumption. Imports from other third countries have been estimated at a level never in excess of 10 % in the market concerned and consumption does not appear to have undergone any substantial changes since 1982. However, the continuing high level of dumped imports and especially the very low prices at which they are offered for sale in the Community led the Commission to determine that the effects of the dumped imports of paint, distemper, varnish and similar brushes originating in the People's Republic of China, taken in isolation, have to be considered as constituting material injury to the Community industry concerned.
G. Community interest
(20) No observations were received from any consumers of the product in question. In view of the serious difficulties of the Community industry as set out above, the Commission has come to the conclusion that it is in the Community's interest that action be taken.
H. Undertaking
(21) Following the completion of the preliminary investigation the exporter concerned offered an undertaking concerning its exports of paint, distemper, varnish and similar brushes.
The effect of the said undertakings will be that exports cease to such an extent that the injury suffered by the Community industry is eliminated. It appears that correct operation of the undertaking can be effectively monitored.
In these circumstances, the undertaking offered is considered acceptable and the investigation may, therefore, be terminated without imposition of anti-dumping duties.
(22) Objections to this course were raised in the Advisory Committee,
The undertaking offered by the China National Native Produce & Animal By-Products Import & Export Corporation in connection with the anti-dumping proceeding concerning imports of paint, distemper, varnish and similar brushes falling within Common Customs Tariff subheading ex 96.01 B III, corresponding to NIMEXE code 96.01-49, originating in the People's Republic of China, is hereby accepted.
The investigation in connection with the anti-dumping proceeding referred to in Article 1 is hereby terminated.
| 0 | 0 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0.25 |
32011R0432
|
Commission Regulation (EU) No 432/2011 of 4 May 2011 refusing to authorise certain health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health Text with EEA relevance
|
5.5.2011 EN Official Journal of the European Union L 115/1
COMMISSION REGULATION (EU) No 432/2011
of 4 May 2011
refusing to authorise certain health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health
(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 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (1), and in particular Article 18(5) thereof,
Whereas:
(1) Pursuant to Regulation (EC) No 1924/2006 health claims made on food are prohibited unless they are authorised by the Commission in accordance with that Regulation and included in a list of permitted claims.
(2) Regulation (EC) No 1924/2006 also provides that applications for authorisations of health claims may be submitted by food business operators to the national competent authority of a Member State. The national competent authority is to forward valid applications to the European Food Safety Authority (EFSA), hereinafter referred to as ‘the Authority’.
(3) Following receipt of an application the Authority is to inform without delay the other Member States and the Commission and to deliver an opinion on a health claim concerned.
(4) The Commission is to decide on the authorisation of health claims taking into account the opinion delivered by the Authority.
(5) Following an application from Gencor Pacific Inc, submitted on 10 November 2009 pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of ethanol-water extract of Caralluma fimbriata (Slimaluma®) on help to reduce waist circumference (Question No EFSA-Q-2010-00027) (2). The claim proposed by the applicant was worded, as follows: ‘Slimaluma® helps to reduce waist circumference’.
(6) On 12 May 2010 and on 18 May 2010, the Commission and the Member States received the scientific opinion from the Authority and its amendment respectively, which concluded that on the basis of the data submitted, a cause and effect relationship had not been established between the consumption of Slimaluma® and the beneficial physiological effect as defined by the Authority, namely, reduction of waist circumference leading to an improvement in adverse health effects associated with an excess abdominal fat. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(7) Following an application from Gencor Pacific Inc, submitted on 10 November 2009 pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of ethanol-water extract of Caralluma fimbriata (Slimaluma®) on help to reduce body fat (Question No EFSA-Q-2010-00028) (3). The claim proposed by the applicant was worded, as follows: ‘Slimaluma® helps to reduce body fat’.
(8) On 12 May 2010, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data submitted, a cause and effect relationship had not been established between the consumption of Slimaluma® and the claimed effect. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(9) Following an application from Gencor Pacific Inc, submitted on 10 November 2009 pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of ethanol-water extract of Caralluma fimbriata (Slimaluma®) on help to reduce body weight (Question No EFSA-Q-2010-00029) (4). The claim proposed by the applicant was worded, as follows: ‘Slimaluma® helps to reduce body weight’.
(10) On 12 May 2010, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data submitted, a cause and effect relationship had not been established between the consumption of Slimaluma® and the claimed effect. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(11) Following an application from Gencor Pacific Inc, submitted on 10 November 2009 pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of ethanol-water extract of Caralluma fimbriata (Slimaluma®) on decreased energy intake (Question No EFSA-Q-2010-00030) (5). The claim proposed by the applicant was worded, as follows: ‘Slimaluma® helps to reduce caloric intake’.
(12) On 12 May 2010, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data submitted, a cause and effect relationship had not been established between the consumption of Slimaluma® and the claimed effect. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(13) Following an application from Gencor Pacific Inc, submitted on 10 November 2009 pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of ethanol-water extract of Caralluma fimbriata (Slimaluma®) on help to control hunger/appetite (Question No EFSA-Q-2010-00031) (6). The claim proposed by the applicant was worded, as follows: ‘Slimaluma® helps to control hunger/appetite’.
(14) On 12 May 2010, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data submitted, a cause and effect relationship had not been established between the consumption of Slimaluma® and the beneficial physiological effect as defined by the Authority, namely, reduction of appetite leading to a reduction in subsequent energy intake. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(15) Following an application from Leiber GmbH, submitted on 2 October 2009 pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of Yestimun® on immune responses (Question No EFSA-Q-2008-667) (7). The claim proposed by the applicant was worded, inter alia, as follows: ‘Daily administration of Yestimun® strengthens the body’s defence during the cold season’.
(16) On 27 May 2010, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data submitted, a cause and effect relationship had not been established between the consumption of Yestimun® and the initiation of appropriate innate and adaptive immune responses. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(17) Following an application from Laboratoires innéov SNC, submitted on 30 December 2008 pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of blackcurrant seed oil (Ribes nigrum), fish oil, lycopene from tomato (Lycopersicon esculentum) extract, vitamin C and vitamin E on help to improve dry skin conditions (Question No EFSA-Q-2009-00767) (8). The claim proposed by the applicant was worded, inter alia, as follows: ‘Helps to improve dry skin condition’.
(18) On 25 May 2010, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data submitted, a cause and effect relationship had not been established between the intake of a combination of blackcurrant seed oil (Ribes nigrum), fish oil, lycopene from tomato (Lycopersicon esculentum) extract, vitamin C and vitamin E and the claimed effect. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(19) The comments from the applicants and the members of the public received by the Commission, pursuant to Article 16(6) of Regulation (EC) No 1924/2006, have been considered when setting the measures provided for in this Regulation.
(20) The health claims related to Slimaluma® are health claims as referred to in point (c) of Article 13(1) of Regulation (EC) No 1924/2006 and are therefore subject to the transition period laid down in Article 28(6) of that Regulation. However, as the applications were not made before 19 January 2008, the requirement provided for in point (b) of Article 28(6) of that Regulation is not fulfilled, and therefore those claims may not benefit from the transition period provided for in that Article.
(21) The health claims related to Yestimun®, and to blackcurrant seed oil (Ribes nigrum), fish oil, lycopene from tomato (Lycopersicon esculentum) extract, vitamin C and vitamin E, are health claims as referred to in point (a) of Article 13(1) of Regulation (EC) No 1924/2006 and are therefore subject to the transition period laid down in Article 28(5) of that Regulation. As the Authority concluded that cause and effect relationships have not been established between the foods and the respective claimed effects, the two claims do not comply with Regulation (EC) No 1924/2006, and therefore they may not benefit from the transition period provided for in that Article.
(22) In order to ensure that this Regulation is fully complied with, both food business operators and the national competent authorities should take the necessary actions to ensure that, at the latest six months following the entry into force of this Regulation, products bearing the health claims listed in its Annex are no longer present on the market.
(23) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council have opposed them,
The health claims set out in the Annex to this Regulation shall not be included in the Union list of permitted claims as provided for in Article 13(3) of Regulation (EC) No 1924/2006.
However, products bearing these health claims placed on the market or labelled prior to the date referred to in Article 2 may remain on the market for a maximum period of six months after that date.
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
| 0 | 0.25 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31992D0509
|
92/509/EEC: Council Decision of 19 October 1992 concerning the conclusion of the Framework Agreement for cooperation between the European Economic Community and the Republic of Paraguay
|
30.10.1992 EN Official Journal of the European Communities L 313/71
COUNCIL DECISION
of 19 October 1992
concerning the conclusion of the Framework Agreement for cooperation between the European Economic Community and the Republic of Paraguay
(92/509/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 113 and 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas the Community should approve, for the attainment of its aims in the sphere of external economic relations, the Framework Agreement for trade and economic cooperation with the Republic of Paraguay,
The Framework Agreement for trade and economic cooperation between the European Economic Community and the Republic of Paraguay is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
The President of the Council shall give the notification provided for in Article 25 of the Agreement (3).
The Commission, assisted by representatives of the Member States, shall represent the Community in the Joint Committee set up by Article 21 of the Agreement.
This Decision shall enter into force on the day following that of 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 |
32000D0710
|
2000/710/EC: Council Decision of 7 November 2000 on the accession by the European Community to United Nations Economic Commission for Europe Regulation No 67 on the approval of special equipment for motor vehicles fuelled by liquefied petroleum gas
|
Council Decision
of 7 November 2000
on the accession by the European Community to United Nations Economic Commission for Europe Regulation No 67 on the approval of special equipment for motor vehicles fuelled by liquefied petroleum gas
(2000/710/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions ("Revised 1958 Agreement")(1), and in particular Article 3(3) and the second indent of Article 4(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the assent of the European Parliament(2),
Whereas:
(1) The amended version of Regulation No 67 on the approval of special equipment for motor vehicles that are fuelled by liquefied petroleum gas will remove the technical barriers to the trade in motor vehicles between the Contracting Parties in respect of the special equipment fitted to such motor vehicles. The uniform requirements of that Regulation ensure a high level of safety and environmental protection.
(2) The Contracting Parties have been notified of the amended version of Regulation No 67, which will enter into force, in all of the Contracting Parties which have not made known their opposition, on the date(s) specified therein in the form of a regulation annexed to the Revised 1958 Agreement.
(3) Regulation No 67 should be incorporated into the approval system for vehicles and should thus supplement Community legislation currently in force,
The European Community shall accede to United Nations Economic Commission for Europe Regulation No 67 on the approval of special equipment for motor vehicles fuelled by liquefied petroleum gas, as amended and as notified to the Contracting Parties, if the measure or amendment enters into force on the date(s) specified therein.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 |
32014D0585
|
Decision No 585/2014/EU of the European Parliament and of the Council of 15 May 2014 on the deployment of the interoperable EU-wide eCall service Text with EEA relevance
|
3.6.2014 EN Official Journal of the European Union L 164/6
DECISION No 585/2014/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 May 2014
on the deployment of the interoperable EU-wide eCall service
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 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 Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) Under Article 3(d) of Directive 2010/40/EU of the European Parliament and of the Council (3), the harmonised provision for an interoperable EU-wide eCall service constitutes a priority action (the ‘eCall priority action’) for the development and use of specifications and standards.
(2) Pursuant to Articles 6 and 7 of Directive 2010/40/EU, the Commission is to adopt delegated acts as regards the specifications necessary to ensure the compatibility, interoperability and continuity for the deployment and operational use of intelligent transport systems (‘ITS’) for the priority actions.
(3) Commission Delegated Regulation (EU) No 305/2013 (4) establishes the specifications for the upgrading of the Public Safety Answering Point (PSAP) infrastructure required for the proper receipt and handling of eCalls using the 112 number, in order to ensure the compatibility, interoperability and continuity of the harmonised EU-wide eCall service.
(4) Pursuant to Directive 2010/40/EU, the Commission is to present at the latest 12 months after the adoption of Delegated Regulation (EU) No 305/2013, where appropriate and after conducting an impact assessment including a cost-benefit analysis, a proposal to the European Parliament and the Council, in accordance with Article 294 of the Treaty on the Functioning of the European Union, on the deployment of the eCall priority action in accordance with the specifications laid down in Delegated Regulation (EU) No 305/2013.
(5) It is expected that, by reducing the response time of the emergency services, the interoperable EU-wide eCall service will reduce the number of fatalities in the Union as well as the severity of injuries caused by road accidents. The interoperable EU-wide eCall service is also expected to bring savings to society by improving incident management and by reducing road congestion and secondary accidents.
(6) In order to ensure the full functionality, compatibility, interoperability, continuity and conformity of the service throughout the Union, and to reduce the costs of implementation for the Union as a whole, all Member States should deploy the eCall priority action in accordance with the common specifications established in Delegated Regulation (EU) No 305/2013. That should be without prejudice to the right of each Member State to deploy additional technical means to handle other emergency calls.
(7) Member States should ensure that data transmitted via the EU-wide eCall service are used exclusively to attain the objectives of this Decision.
(8) As experience with other emergency calls systems has demonstrated, manually triggered eCalls may include a share of assistance calls. If necessary, Member States should be able to implement all appropriate technical and organisational means in order to filter those assistance calls so as to ensure that only real emergency calls are handled by eCall PSAPs.
(9) Since not all Union citizens are familiar with the use of the EU-wide eCall service, its deployment should be preceded by an awareness-raising campaign supported by the Commission, explaining to citizens the benefits, functionalities and data protection safeguards of the new system. The campaign should take place in Member States and should aim at informing users on how to use the system properly and how to avoid false alarms.
(10) In line with the recommendations made by the Working Party on the Protection of Individuals with regard to the Processing of Personal Data (the ‘Article 29 Data Protection Working Party’) in its Working document on data protection and privacy implications in eCall initiative, adopted on 26 September 2006, when deploying the eCall PSAP infrastructure, Member States are to ensure that the processing of personal data in the context of handling eCalls fully complies with the personal data protection rules provided for in Directive 95/46/EC of the European Parliament and of the Council (5) and in Directive 2002/58/EC of the European Parliament and of the Council (6).
(11) Since eCalls are emergency calls, as defined in Delegated Regulation (EU) No 305/2013, the handling of those calls should be provided free of charge to users of the EU-wide eCall service.
(12) Depending on the organisation of the handling of emergency calls in each Member State, such calls can be first received under the responsibility of a public authority or a private organisation recognised by the Member State concerned. In particular, eCalls can be dealt with in a different way depending on the type of eCall activation (manual or automatic).
(13) In accordance with national procedures determined by the national authority concerned, data can be transferred to service partners, defined as public or private organisations recognised by national authorities that play a role in the handling of incidents related to eCalls (including road operators and assistance services), which should be subject to the same privacy and data protection rules as are applicable to the eCall PSAPs.
(14) Since the objectives of this Decision, namely to ensure the coordinated and coherent deployment of the interoperable EU-wide eCall service and to guarantee the full functionality, compatibility, interoperability, continuity and conformity of the service throughout Europe, cannot be sufficiently achieved by the Member States and/or the private sector but can rather, by reason of their scale and effects, 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 Decision does not go beyond what is necessary in order to achieve those objectives,
1. Member States shall deploy on their territory, at least six months before the date of application of the Regulation of the European Parliament and of the Council concerning the type-approval requirements for the deployment of the eCall in-vehicle system and amending Directive 2007/46/EC and in any case no later than 1 October 2017, the eCall PSAP infrastructure required for the proper receipt and handling of all eCalls, if necessary purged of non-emergency calls, in accordance with the specifications laid down in Delegated Regulation (EU) No 305/2013, in order to ensure the full functionality, compatibility, interoperability, continuity and conformity of the interoperable EU-wide eCall service.
2. Paragraph 1 is without prejudice to the right of each Member State to organise its emergency services in a way which is most cost-effective and most appropriate to its needs, including the ability to reject calls that are not emergency calls and might not be handled by eCall PSAPs, in particular in the case of manually triggered eCalls.
This paragraph and paragraph 1 are without prejudice to the right of each Member State to allow private organisations recognised by it to deal with the receipt and handling of some or all eCalls, in accordance with the specifications laid down in Delegated Regulation (EU) No 305/2013.
3. Member States shall ensure that data transmitted via the eCall service are used exclusively for the attainment of the objectives of this Decision.
Member States shall ensure that the handling of eCalls is provided free of charge to users of the EU-wide eCall service.
By 24 December 2015, Member States shall report to the Commission on the state of implementation of this Decision. In their reports, they shall include at least the list of competent authorities entrusted with the assessment of the conformity of operations of the eCall PSAPs with the requirements listed in Article 3 of Delegated Regulation (EU) No 305/2013, the list and geographical coverage of the eCall PSAPs, the description of the conformance tests and the description of the privacy and data protection protocols.
Member States shall ensure that eCalls can originate from anywhere in their territory, provided there is at least one public mobile wireless communications network available.
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Decision is addressed to the Member States.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
32001D0188
|
2001/188/EC: Commission Decision of 28 February 2001 amending for the sixth time Decision 95/124/EC establishing the list of approved fish farms in Germany (Text with EEA relevance) (notified under document number C(2001) 454)
|
Commission Decision
of 28 February 2001
amending for the sixth time Decision 95/124/EC establishing the list of approved fish farms in Germany
(notified under document number C(2001) 454)
(Text with EEA relevance)
(2001/188/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(1), as last amended by Directive 98/45/EC(2), and in particular Article 6 thereof,
Whereas:
(1) The Member States may obtain the status of approved free of infectious haematopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS) for fish farms located in zones which are non-approved in respect of IHN and VHS.
(2) The list of approved fish farms in Germany was established by Commission Decision 95/124/EC(3), as last amended by Decision 2000/302/EC(4).
(3) Germany has submitted to the Commission the justifications for obtaining the status of approved farm in a non-approved zone in respect of IHN and VHS for certain fish farms, as well as the national rules ensuring compliance with the requirements for maintenance of the approved status.
(4) The Commission and the Member States examined the justifications notified by Germany for each farm.
(5) The result of this examination is that three of the farms concerned meet the requirements of Article 6 of Directive 91/67/EEC.
(6) Therefore, these three farms are eligible for the status of approved farm situated in a non-approved zone.
(7) These three farms should be added to the list of farms which have already been approved. The three farms to be approved are situated in Saxony and Baden-Württemberg.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
The Annex to Decision 95/124/EEC is hereby replaced by the Annex hereto.
This Decision is addressed to the Member States.
| 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32004R2002
|
Commission Regulation (EC) No 2002/2004 of 22 November 2004 on the issuing of system A3 export licences in the fruit and vegetables sector (tomatoes, oranges, lemons, table grapes and apples)
|
23.11.2004 EN Official Journal of the European Union L 346/7
COMMISSION REGULATION (EC) No 2002/2004
of 22 November 2004
on the issuing of system A3 export licences in the fruit and vegetables sector (tomatoes, oranges, lemons, table grapes 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), and in particular the third subparagraph of Article 35(3) thereof,
Whereas:
(1) Commission Regulation (EC) No 1894/2004 (2) opens an invitation to tender setting the indicative refund rates and indicative quantities for system A3 export licences, which may be issued, other than those tendered for as part of food aid.
(2) In the light of the tenders submitted, the maximum refund rates and the percentages of quantities to be awarded for tenders quoting those maximum rates should be set.
(3) In the case of tomatoes, oranges, lemons, table grapes and apples, the maximum rate necessary to award licences for the indicative quantity up to the quantities tendered for is not more than one-and-a-half times the indicative refund rate,
In the case of tomatoes, oranges, lemons, table grapes and apples, the maximum refund rates and the percentages for reducing the quantities awarded under the invitation to tender opened by Regulation (EC) No 1894/2004 shall be fixed in the Annex.
This Regulation shall enter into force on 23 November 2004.
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 |
31984D0151
|
84/151/EEC: Commission Decision of 5 March 1984 on the implementation of the reform of agricultural structures in Greece pursuant to Council Directive 72/159/EEC and to Titles III and IV of Council Directive 75/268/EEC (Only the Greek text is authentic)
|
COMMISSION DECISION
of 5 March 1984
on the implementation of the reform of agricultural structures in Greece pursuant to Council Directive 72/159/EEC and to Titles III and IV of Council Directive 75/268/EEC
(Only the Greek text is authentic)
(84/151/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/159/EEC of 17 April 1972 on the modernization of farms (1), as last amended by Directive 82/436/EEC (2), and in particular Article 18 (3) thereof,
Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (3), as last amended by Directive 82/786/EEC (4), and in particular Article 13 thereof,
Whereas the Greek Government notified the following regulations:
- Presidential Decree No 890/1981 on the modernization of farms,
- Ministerial Decree of 8 June 1983 amending Presidential Decree No 890/1981,
- Decision No 124 of the prices and incomes board of 3 June 1983 on the authorization of a financial aid programme for the modernization of agricultural holdings with an approved development plan as amended on 22 July and 23 December 1983,
- Decision No 129 of the prices and incomes board of 30 June 1983 on the authorization of a financial aid programme for the modernization of agricultural holdings with an approved improvement plan as amended on 22 July and 23 December 1983,
- Ministerial Decree of 22 July 1983 determining the comparable income for 1983;
Whereas, under Article 18 (3) of Directive 72/159/EEC and Article 13 of Directive 75/268/EEC, the Commission has to decide whether, having regard to the objectives of the said Directives and to the need for a proper connection between the various measures, such laws, regulations and administrative provisions comply with the Directives and thus satisfy the conditions for financial contribution by the Community;
Whereas the abovementioned provisions satisfy the conditions and objectives of Directive 72/159/EEC and of Titles III and IV of Directive 75/268/EEC; whereas some provisions, which were adapted only as and from 23 December 1983, were not of a kind to justify a negative appraisal;
Whereas the EAGGF Committee has been consulted on the financial aspects;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure,
The laws, regulations and administrative provisions for the implementation of Directives 72/159/EEC and 75/268/EEC in Greece, listed in the preamble hereto, satisfy from 22 July 1983 the conditions for financial contribution by the Community to common measures within the meaning of Article 15 of Directive 72/159/EEC and Article 13 of Directive 75/268/EEC.
This Decision is addressed to the Hellenic Republic.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32012R0467
|
Commission Implementing Regulation (EU) No 467/2012 of 1 June 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables
|
2.6.2012 EN Official Journal of the European Union L 143/5
COMMISSION IMPLEMENTING REGULATION (EU) No 467/2012
of 1 June 2012
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:
(1) 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.
(2) The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
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 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32003D0745
|
2003/745/EC: Commission Decision of 13 October 2003 concerning a Community financial contribution for the eradication of classical swine fever in Germany in 2002 (notified under document number C(2003) 3584)
|
Commission Decision
of 13 October 2003
concerning a Community financial contribution for the eradication of classical swine fever in Germany in 2002
(notified under document number C(2003) 3584)
(Only the German text is authentic)
(2003/745/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(1), as last amended by Regulation (EC) No 806/2003(2), and, in particular, Article 3(3) and Article 5(3) thereof,
Whereas:
(1) Outbreaks of classical swine fever occurred in Germany in 2002, representing a serious danger to the Community livestock population.
(2) With a view to helping to eradicate the disease as rapidly as possible, the Community may contribute financially to eligible expenditure borne by the Member State, as provided for in Decision 90/424/EEC.
(3) Pursuant to Article 3(2) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy(3), veterinary and plant health measures undertaken in accordance with Community rules shall be financed under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund. The auditing of these measures comes under Articles 8 and 9 of the said Regulation.
(4) The payment of the financial contribution from the Community must be subject to the condition that the actions planned have actually been carried out and that the authorities supply all the necessary information within the time limits laid down.
(5) On 19 June 2003, Germany submitted an official application for the reimbursement of all the expenditure incurred on its territory.
(6) Pending checks by the Commission, it is now necessary to set the amount of an advance on the Community financial assistance. This advance must be equal to 50 % of the Community contribution established on the basis of the costs presented (EUR 1675000) for compensation for the slaughter of pigs, limiting the amount of "other costs" to 10 % of the amount of this compensation for the time being.
(7) The terms "swift and adequate compensation of the livestock farmers" used in Article 3 of Decision 90/424/EEC, "reasonable payments" and "justified payments" and the categories of eligible expenditure under "other costs" associated with the compulsory slaughter must all be defined.
(8) The measures provided for in this decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Granting of Community financial assistance to Germany
In order to eradicate classical swine fever in 2002, Germany is eligible for a Community financial contribution equal to 50 % of the expenses incurred for:
(a) the swift and adequate compensation of the livestock farmers forced to cull their animals as part of the measures to eradicate the outbreaks of classical swine fever that occurred in 2002, pursuant to Article 3(2), seventh indent, of Decision 90/424/EC and this decision;
(b) operating expenditure associated with the destruction of the contaminated animals and products, as well as cleaning and disinfecting of premises and the disinfecting or destruction, where necessary, of contaminated equipment, under the conditions provided for in Article 3(2), first, second and third indents, of Decision 90/424/EEC and this decision.
Definitions
The following definitions apply to this decision:
(a) "swift and adequate compensation": payment, within 90 days of the slaughter of the animals, of compensation corresponding to the market value of the animals immediately before they became infected or were slaughtered;
(b) "reasonable payments": payments made for the purchase of equipment or services at proportionate prices compared to the market prices that applied before the outbreak;
(c) "justified payments": payments made for the purchase of equipment or services in accordance with Article 3(2) of Decision 90/424/EEC, where their nature and direct link to the compulsory slaughter of animals on holdings have been demonstrated.
Payment arrangements
1. Subject to the results of the checks referred to in Article 6 below, an advance of EUR 460000 shall be paid as part of the Community financial contribution mentioned in Article 1, on the basis of supporting documents submitted by Germany relating to the swift and adequate compensation of owners for the compulsory slaughter, the destruction of the animals and, if necessary, the products used for the cleaning, disinfecting and disinsectisation of the holdings and equipment and the destruction of contaminated feeds and equipment.
2. Once the inspections referred to in Article 6 have been carried out, the Commission shall decide on the balance in accordance with the procedure provided for in Article 41 of Decision 90/424/EEC.
Eligible operational expenditure covered by the Community contribution
1. The non-compliance of the German authorities with the payment deadline in Article 2(a) has led to a reduction in the eligible amounts, in accordance with the rules below:
- 25 % reduction for payments made between 91 and 105 days after slaughter of the animals,
- 50 % reduction for payments made between 106 and 120 days after slaughter of the animals,
- 75 % reduction for payments made between 121 and 135 days after slaughter of the animals,
- 100 % reduction for payments made later than 136 days after slaughter of the animals.
However, the Commission will apply a different scale and/or lower reduction rates (or a zero reduction rate) if specific management conditions can be demonstrated for certain measures or if Germany provides a well-grounded justification for the delay.
2. The Community financial contribution referred to in Article 1(b) relates only to justified and reasonable payments for the eligible expenditure mentioned in Annex I.
3. It does not include:
(a) value added tax;
(b) officials' wages;
(c) the use of public equipment, except consumables.
Payment conditions and supporting documents
1. The Community financial contribution referred to in Article 1 is paid on the basis of the following documents:
(a) an application submitted in accordance with Annexes II and III, within the deadline in paragraph 2 of this Article;
(b) the supporting documents in Article 3(1), including an epidemiological report on each holding where animals have been culled and destroyed, as well as a financial report;
(c) the results of any in situ Commission inspections, as referred to in Article 6.
The documents referred to in (b) above must be made available for the Commission's in situ audits.
2. The application referred to in paragraph 1(a) must be provided in computerised form in accordance with Annexes II and III within 30 calendar days of the date of notification of this decision. If this time limit is not observed, the financial contribution from the Community shall be reduced by 25 % for every month of delay.
Commission in situ inspections
The Commission, in collaboration with the competent German authorities, may conduct in situ inspections relating to the implementation of the measures in Article 1 and the associated costs.
Addressee
This Decision is addressed to the Federal Republic of Germany.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32009R0875
|
Commission Regulation (EC) No 875/2009 of 23 September 2009 establishing a prohibition of fishing for common sole in VIIIa and b by vessels flying the flag of Belgium
|
24.9.2009 EN Official Journal of the European Union L 251/29
COMMISSION REGULATION (EC) No 875/2009
of 23 September 2009
establishing a prohibition of fishing for common sole in VIIIa and b by vessels flying the flag of Belgium
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (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 43/2009 of 16 January 2009 fixing for 2009 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 2009.
(2) According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2009.
(3) It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,
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 2009 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 |
32012D0176
|
2012/176/EU: Council Decision of 8 March 2012 on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, on a framework agreement between the European Union and the Kingdom of Morocco on the general principles for the participation of the Kingdom of Morocco in Union programmes
|
28.3.2012 EN Official Journal of the European Union L 90/1
COUNCIL DECISION
of 8 March 2012
on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, on a framework agreement between the European Union and the Kingdom of Morocco on the general principles for the participation of the Kingdom of Morocco in Union programmes
(2012/176/EU)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with point (a)(i) of Article 218(6) and the second subparagraph of Article 218(8), thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament,
Whereas:
(1) The Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and its Member States, of the one part, and the Kingdom of Morocco, of the other part, on a framework agreement between the European Union and the Kingdom of Morocco on the general principles for the participation of the Kingdom of Morocco in Union programmes (hereinafter ‘the Protocol’) was signed on behalf of the Union on 7 October 2010.
(2) As a result of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.
(3) The Protocol should be concluded,
The Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, on a framework agreement between the European Union and the Kingdom of Morocco on the general principles for the participation of the Kingdom of Morocco in Union programmes is hereby approved on behalf of the Union.
The text of the Protocol is attached to this Decision.
The President of the Council shall give, on behalf of the Union, the notification provided for in Article 10 of the Protocol.
This Decision shall enter into force on the date of its adoption.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32003R0254
|
Council Regulation (EC) No 254/2003 of 11 February 2003 amending Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds
|
Council Regulation (EC) No 254/2003
of 11 February 2003
amending Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) It is appropriate to ensure that the provisions established by Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds(1) enable all WTO-members fulfilling the requirements of the Kimberley Process certification scheme to participate in the scheme. Therefore, the definition of participant set out in Article 2 of that Regulation and the conditions governing the insertion into the list of participants contained in Annex II to that Regulation should be amended.
(2) The Community and all other participants listed in Annex II to Regulation (EC) No 2368/2002 have fulfilled the requirements of the Kimberley Process certification scheme in such a manner that the full application of all provisions of that Regulation will not lead to a serious disturbance of international trade in rough diamonds.
(3) Sufficient evidence has been submitted that those requirements will be fulfilled by 1 February 2003. The suspension of the applicability of those provisions should, therefore, be lifted from that date,
Regulation (EC) No 2368/2002 is amended as follows:
1. Article 2(c) is replaced by the following:
"(c) 'Participant' means any State, regional economic integration organisation, WTO-member or separate customs territory that fulfils the requirements of the KP certification scheme, has notified that fact to the Chair of the KP certification scheme and is listed in Annex II;"
2. Article 20 is replaced by the following:
"Article 20
On the basis of relevant Information provided to the Chair of the KP certification scheme and/or by participants, the Commission may amend the list of participants and their competent authorities."
3. Article 29(3) is replaced by the following:
"3. Articles 3, 4, 5, 10, 11, 12, 13, 14, 15 and 18 shall apply from 1 February 2003."
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 | 1 |
31991R2070
|
Commission Regulation (EEC) No 2070/91 of 15 July 1991 amending Regulation (EEC) No 441/88 laying down detailed rules for applying compulsory distillation as referred to in Article 39 of Council Regulation (EEC) No 822/87
|
COMMISSION REGULATION (EEC) No 2070/91 of 15 July 1991 amending Regulation (EEC) No 441/88 laying down detailed rules for applying compulsory distillation as referred to in Article 39 of Council Regulation (EEC) No 822/87
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Council Regulation (EEC) No 1734/91 (2), and in particular Article 39 (9) thereof,
Whereas there is a need to ensure that the obtaining of supplies of wine products from different production regions can be used as a means of evading obligations as regards distillation; whereas it is accordingly necessary to lay down rules for calculating production volumes, yields, and scales for compulsory distillation applicable to the producers concerned and to make provision for the communication of these data to the authorities responsible for receiving the production declaration referred to in Commission Regulation (EEC) No 3929/87 of 17 December 1987 on harvest, production and stock declarations relating to wine-sector products (3), as last amended by Regulation (EEC) No 2776/90 (4);
Whereas the consequences of exceeding certain time limits should be specified in a uniform manner for all distillation measures in the wine sector; whereas it is accordingly necessary to amend Commission Regulation (EEC) No 441/88 of 17 February 1988 laying down detailed rules for distillation as referred to in Article 39 of Council Regulation (EEC) No 822/87 (5), as last amended by Regulation (EEC) No 467/90 (6);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,
Regulation (EEC) No 441/88 is hereby amended as follows:
1. the following is added to Article 6:
'4. In the case of a producer who has purchased products upstream of wine from different production regions, a production volume shall be established separately for each of these regions from which supplies have been obtained. In such cases the producer concerned shall send, together with the production declaration which he is required to submit in accordance with Regulation (EEC) No 3929/87 and to the same authorities, the breakdown of the products declared by region of provenance.';
2. the following sentence is added to Article 7:
'In cases where the products purchased have come from different production regions, a yield shall be calculated for each production region.';
3. the second indent of Article 8 is replaced by the following:
'- the rising scale established in accordance with Article 5 (2),
(a) for the production region in which the producer's holding is situated,
(b) and where necessary, for each of the production regions from which supplies have been obtained,';
4. the third and fourth subparagraphs of Article 16 (3), and Article 16 (4), are deleted;
5. the second subparagraph of Article 17 (2) is deleted;
6. the third subparagraph of Article 18 (6) is deleted;
7. the following paragraph is added to Article 22:
'2. Where a distiller does not fulfil his obligations within the time limits, the aid shall be reduced as follows:
(a) with regard to the payment of the buying-in price to the producer in accordance with Article 13, the aid shall be reduced by 1 % for each day's delay for a period of one month.
After one month, no further aid shall be paid;
(b) with regard to:
- the provision of proof of payment of the buying-in price in accordance with Article 16 (3),
- the submission of the application for aid in accordance with Articles 16 (2) and 18 (5),
- the delivery of the alcohol, in accordance with Article 17 (1),
the aid shall be reduced by 0,5 % for each day's delay for a period of two months.
At the end of the two-month period, no further aid shall be paid;
(c) with regard to:
- the forwarding of a statement of the quantities distilled and the products obtained, in accordance with Article 12 (5),
- the forwarding of a statement of quantities delivered for fortification, in accordance with Article 18 (4),
the aid shall be reduced by 0,1 % for each day's delay.
If an advance has been granted, the relevant security shall be released in proportion to the amount of aid actually due. In cases where aid is not due, the security shall be forfeit.' Article 2 This Regulation shall enter into force on 1 September 1991. 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 |
31989R3630
|
Commission Regulation (EEC) No 3630/89 of 4 December 1989 on the supply of refined rape seed oil to the United Nations High Commissioner for Refugees (UNHCR) as food aid
|
COMMISSION REGULATION (EEC) No 3630/89 of 4 December 1989 on the supply of refined rape seed oil to the United Nations High Commissioner for Refugees (UNHCR) as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3972/86 of 22 December 1986 on food-aid policy and food-aid management (1), as last amended by Regulation (EEC) No 1750/89 (2), and in particular Article 6 (1) (c) thereof,
Whereas Council Regulation (EEC) No 1420/87 of 21 May 1987 laying down implementing rules for Regulation (EEC) No 3972/86 on food-aid policy and food-aid management (3) lays down the list of countries and organizations eligible for food-aid operations and specifies the general criteria on the transport of food aid beyond the fob stage;
Whereas, by its decision of 12 April 1989 on the supply of food aid to the UNHCR, the Commission allocated to that organization 1 140 tonnes of refined rape seed oil;
Whereas it is necessary to provide for the carrying-out of this measure in accordance with the rules laid down by Commission Regulation (EEC) No 2200/87 of 8 July 1987 laying down general rules for the mobilization in the Community of products to be supplied as Community food aid (4); whereas it is necessary to specify the time limits and conditions of supply and the procedure to be followed to determine the resultant costs,
A tendering procedure is hereby initiated for the award of a contract for the supply of refined rape seed oil to the UNHCR in accordance with the provisions of Regulation (EEC) No 2200/87 and with the conditions laid down in the Annexes hereto.
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 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31987D0411
|
87/411/EEC: Commission Decision of 8 July 1987 authorizing the Kingdom of Spain to apply intra- Community surveillance to imports of certain tools and hand tools originating in certain third countries and placed in free circulation in one of the Member States (Only the Spanish text is authentic)
|
COMMISSION DECISION
of 8 July 1987
authorizing the Kingdom of Spain to apply intra-Community surveillance to imports of certain tools and hand tools originating in certain third countries and placed in free circulation in one of the Member States
(Only the Spanish text is authentic)
(87/411/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular the first paragraph of Article 115 thereof,
Having regard to Commission Decision 80/47/EEC of 20 December 1979 on surveillance and protective measures which Member States may be authorized to take in respect of imports of certain products originating in third countries and put into free circulation in another Member State (1), and in particular Articles 1 and 2 thereof,
Whereas Decision 80/47/EEC requires Member States to have prior authorization from the Commission before introducing intra-Community surveillance of the imports concerned;
Whereas the Spanish Government requested such authorization from the Commission in respect of certain tools and hand tools, falling within heading Nos 82.03 and 82.04 of the Common Customs Tariff, NIMEXE codes 82.03-10 to 99 and 82.04-10 to 90, and originating in certain third countries;
Whereas Spain applies quantitative restrictions to the direct imports in question;
Whereas, therefore, there are disparities in the conditions governing these imports in the Member States and whereas these disparities could cause deflection of trade which might aggravate the continuing difficulties affecting Spain's hand tool production;
Whereas the Spanish authorities asserted that their hand tool industry, located in greatly disadvantaged regions, is being completely reorganized, and whereas to that end major investment is being made; whereas the modernization process involves considerable job cuts in the industry, causing serious social and economic problems;
Whereas the Spanish authorities informed the Commission that, since the beginning of the year, Spain has been receiving a major flow of indirect trade in the products in question, which originate in certain third countries and are placed in free circulation in the other Member States; whereas the prices for these imports are much lower than the prices for national products;
Whereas the Commission examined the request from the Spanish Government and whereas it emerged from this analysis that there is a danger of unpredictable and substantial deflection of trade which is liable to give rise to economic difficulties in the industry in question;
Whereas, under these conditions, foreseeable imports should be monitored closely; whereas the imports in question originating in the third countries listed in the Annex should therefore be subject to prior intra-Community surveillance in accordance with Article 2 of Decision 80/47/EEC,
The Kingdom of Spain is hereby authorized to apply intra-Community surveillance in accordance with Article 2 of Decision 80/47/EEC until 31 December 1988 to the following imports:
1.2.3.4 // // // // // CCT heading No // NIMEXE code // Description of goods // Country of origin // // // // // 82.03 // 82.03-10 to 99 // Hand tools, the following: pliers (including cutting pliers), pincers, tweezers, tinmen's snips, bolt croppers and the like; perforating punches; pipe cutters; spanners and wrenches (but not including tap wrenches); files and rasps // China, Czechoslovakia, German Democratic Republic, Japan, Poland, Taiwan, Yugoslavia // 82.04 // 82.04-10 to 90 // Hand tools, including glaziers' diamonds, not falling within any other heading of this Chapter; blow lamps, anvils; vices and clamps, other than accessories for, and parts of, machine tools; portable forges; grinding wheels with frameworks (hand or pedal operated) // China, Czechoslovakia, German Democratic Republic, Hong Kong, Japan, Poland, Taiwan, USSR, Yugoslavia // // // //
This Decision is addressed to the Kingdom of Spain.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.666667 | 0 |
32011R0127
|
Commission Regulation (EU) No 127/2011 of 11 February 2011 amending Regulation (EU) No 1017/2010 as regards the quantities covered by the standing invitations to tender for the resale on the internal market of cereals held by the Danish, French and Finnish intervention agencies
|
12.2.2011 EN Official Journal of the European Union L 38/26
COMMISSION REGULATION (EU) No 127/2011
of 11 February 2011
amending Regulation (EU) No 1017/2010 as regards the quantities covered by the standing invitations to tender for the resale on the internal market of cereals held by the Danish, French and Finnish intervention agencies
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 43(f), in conjunction with Article 4, thereof,
Whereas:
(1) Commission Regulation (EU) No 1017/2010 (2) opened standing invitations to tender for the resale on the internal market of cereals held by the intervention agencies of the Member States.
(2) In view of the situation on the European Union market for common wheat and barley and of developments in demand for cereals in the different regions in recent weeks, new quantities of cereals held in intervention should be made available in some Member States. The intervention agencies in the Member States concerned should therefore be authorised to increase the quantities put out for tender by 125 tonnes in Finland for common wheat, and by 54 tonnes in France and 33 tonnes in Denmark for barley, the 125 tonnes of common wheat held in Finland, and the 54 tonnes and 33 tonnes of barley held in France and Denmark respectively, constituting retrospective corrections following an update of the stocks actually available in the storage facilities at the intervention centres and the sale of the balance under the partial invitations to tender of 16 December 2010, 13 January 2011 and 27 January 2011.
(3) Regulation (EU) No 1017/2010 should therefore be amended accordingly.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
The Annex to Regulation (EU) No 1017/2010 is amended as follows:
(a) the row relating to Denmark is replaced by the following:
‘Denmark — 59 583 —’
(b) the row relating to France is replaced by the following:
‘France — 70 439 —’
(c) the row relating to Finland is replaced by the following:
‘Finland 22 882 784 136 —’
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 | 0.4 | 0.2 | 0 | 0 | 0 | 0 | 0 | 0.2 | 0 | 0 | 0 | 0 | 0 | 0 | 0.2 | 0 |
32014D0090
|
2014/90/EU: Commission Implementing Decision of 14 February 2014 amending Annex I to Decision 2004/558/EC as regards the approval of a control programme for eradicating infectious bovine rhinotracheitis in a region in Italy (notified under document C(2014) 737) Text with EEA relevance
|
18.2.2014 EN Official Journal of the European Union L 46/10
COMMISSION IMPLEMENTING DECISION
of 14 February 2014
amending Annex I to Decision 2004/558/EC as regards the approval of a control programme for eradicating infectious bovine rhinotracheitis in a region in Italy
(notified under document C(2014) 737)
(Text with EEA relevance)
(2014/90/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
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), and in particular Article 9(2) thereto,
Whereas:
(1) Directive 64/432/EEC lays down rules for trade within the Union in bovine animals. Article 9 thereof provides that a Member State which has a compulsory national control programme for one of the contagious diseases listed in Annex E(II) thereto, may submit its programme to the Commission for approval. That list includes infectious bovine rhinotracheitis. Infectious bovine rhinotracheitis is the description of the most prominent clinical signs of the infection with the bovine herpes virus type 1 (BHV1).
(2) Article 9 of Directive 64/432/EEC also provides for the definition of the additional guarantees which may be required in intra-Union trade.
(3) Commission Decision 2004/558/EC (2) approves the programmes for the control and eradication of BHV1 presented by the Member States listed in Annex I thereto for the regions listed in that Annex and for which additional guarantees apply in accordance with Article 9 of Directive 64/432/EEC.
(4) Italy has submitted to the Commission a programme for the control and eradication of BHV1 in the Autonomous Region of Valle d’Aosta. This programme complies with the criteria set out in Article 9(1) of Directive 64/432/EEC. This programme also provide for rules for the movement of bovine animals within and into that region, which are equivalent to those previously implemented in the Province of Bolzano in Italy, which were successful in eradicating the disease in that Province.
(5) The programme presented by Italy for the Autonomous Region of Valle d’Aosta and the additional guarantees presented in accordance with Article 9 of Directive 64/432/EEC should be approved.
(6) Annex I to Decision 2004/558/EC should therefore be amended accordingly.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Annex I to Decision 2004/558/EC is replaced by the text in the Annex to this Decision.
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 |
31993D0684
|
93/684/EC: Commission Decision of 15 December 1993 amending Decision 93/536/EEC concerning Regulation (EEC) No 685/69 in respect of the fixing of aid for the private storage of butter and cream
|
COMMISSION DECISION of 15 December 1993 amending Decision 93/536/EEC concerning Regulation (EEC) No 685/69 in respect of the fixing of aid for the private storage of butter and cream (93/684/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EEC) No 685/69 of 14 April 1969 on detailed rules of application for intervention on the market in butter and cream (1), as last amended by Regulation (EEC) No 1756/93 (2), and in particular the first paragraph of
Article 29
thereof,
Whereas Commission Decision 93/536/EEC of 4 October 1993 concerning Regulation (EEC) No 685/69 in respect of the fixing of aid for the private storage of butter and cream (3) fixes the compensation referred to in Article 29 of Regulation (EEC) No 685/69 resulting from the adjustment of the buying-in price on 1 July 1993, and taking account only of the adjustment of the agricultural conversion rates that occurred on that date; whereas that Decision has led to uncertainty as regards the taking into account of adjustments of the agricultural conversion rates which occurred after 1 July 1993, and as regards the determination of private storage aid where the first day of contractual storage is after 30 June 1993; whereas, as a result, that Decision should be amended in order to clarify these points;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Management Committee for Milk and Milk Products,
The following Article 1a is hereby added to Commission Decision 93/536/EEC:
'Article 1a
1. As regards the quantities of butter referred to in Article 1, on request from the interested party, the compensation referred to in that Article shall be equal to the difference between 90 % of the buying-in price expressed in national currency applicable on 30 June 1993, on the one hand, and 90 % of that applicable on the last day of contractual storage on the other.
2. As regards the quantities of butter for which the first day of the contractual storage period is after 30 June 1993, where between that date and the last day of the contractual storage period there is an adjustment of the maximum buying-in price expressed in national currency equal to or greater than 2 %, the compensation referred to in Article 29 of Regulation (EEC) No 685/69 shall be equal to the difference between 90 % of the buying-in price expressed in national currency applicable on the first day of the contractual storage period, on the one hand, and 90 % of that applicable on the last day of the contractual storage period on the other.'
This Decision is addressed to the Member States.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 |
31996R1821
|
Council Regulation (EC) No 1821/96 of 16 September 1996 amending for the sixth time Regulation (EEC) No 1866/86 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound
|
COUNCIL REGULATION (EC) No 1821/96 of 16 September 1996 amending for the sixth time Regulation (EEC) No 1866/86 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community and, in particular, Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion from the European Parliament (2),
Whereas, under Articles 2 and 4 of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and acquaculture (3), the Council is responsible for adopting, in the light of the available scientific advice, the conservation measures necessary to ensure the rational and responsible exploitation of living marine resources on a sustainable basis; whereas, to that end, the Council may lay down technical measures concerning fishing gear and the ways in which it is used;
Whereas Regulation (EEC) No 1866/86 (4) lays down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound;
Whereas the International Baltic Sea Fishery Commission, set up by the Convention on fishing and conservation of living resources in the Baltic Sea and the Belts (Gdansk Convention) and hereinafter referred to as the 'Baltic Sea Commission`, lays down the rules governing fishing operations in the Baltic Sea;
Whereas by letter of 11 September 1995 the International Baltic Sea Commission notified the Contracting States of certain recommendations, adopted at the 21st session of the Commission, to modify, among other things, the technical measures;
Whereas the Gdansk Convention provides that the Community must give effect to the said recommendations in the waters of the Baltic Sea, the Belts and the Sound, subject to the objection procedure laid down in Article XI of the Convention; whereas there are no grounds for such objections,
Regulation (EEC) No 1866/86 is hereby amended as follows:
(1) Article 9 (1) is replaced by the following:
'1. It shall be prohibited, in fishing for salmon (Salmo salar) or sea trout (Salmo trutta):
- to use drifting or anchored nets from 15 June to 30 September in the waters of subdivisions 22 to 28, 29 south of 59°30'N and 32,
- to use drifting or anchored nets from 1 June to 15 September in the waters of subdivisions 29, 30 and 31 north of 59°30'N,
- to use drifting lines and anchored lines from 1 April to 15 November in the waters of subdivisions 22 to 31,
- to use drifting lines and anchored lines from 1 July to 15 September in the waters of subdivision 32.
The area of prohibition during the closed season is beyond four nautical miles measured from the baselines, except in subdivision 32 and the area east of longitude 22°30'E (Bengtskar lighthouse) inside the Finnish fishery zone where fishing with drifting lines and anchored lines is prohibited from 1 July to 15 September.`
(2) Footnote 4 on page 4 of Annex IV shall be replaced by the following:
'(4) With the exception of subdivisions 22-24 where normal trawls and Danish seines with a mesh opening of 90 mm are allowed.`
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 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 |
32014R0581
|
Commission Implementing Regulation (EU) No 581/2014 of 28 May 2014 entering a name in the register of protected designations of origin and protected geographical indications (Jambon sec de Corse/Jambon sec de Corse — Prisuttu (PDO))
|
29.5.2014 EN Official Journal of the European Union L 160/23
COMMISSION IMPLEMENTING REGULATION (EU) No 581/2014
of 28 May 2014
entering a name in the register of protected designations of origin and protected geographical indications (Jambon sec de Corse/Jambon sec de Corse — Prisuttu (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, France's application to register the name ‘Jambon sec de Corse’/‘Jambon sec de Corse — Prisuttu’ 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 ‘Jambon sec de Corse’/‘Jambon sec de Corse — Prisuttu’ should therefore be entered in the register.
(3) In their letter accompanying the application received on 26 April 2012 the French authorities notified the Commission that the undertakings L'Aziana Charcuterie Corse Nunzi Sauveur, Orezza Charcuterie La Castagniccia, Charcuterie Costa & Fils, Charcuterie Fontana, Salaisons Joseph Pantaloni, Charcuterie Passoni, Salaisons Sampiero, Salaisons réunies and Etablissements Semidei had been legally marketing the product sold under the name ‘Jambon sec de Corse’/‘Jambon sec de Corse — Prisuttu’, using this name continuously for at least five years, and that this point had been noted in the national opposition procedure. An adjustment period, with effect from the date on which the application was lodged with the Commission, was therefore granted to those undertakings under Article 5(6) of Council Regulation (EC) No 510/2006 (3), which was in force when the application was submitted.
(4) Moreover, as the undertakings met the requirements laid down in the second subparagraph of Article 13(3) of Regulation (EC) No 510/2006, the French authorities asked the Commission in the same letter to set a transitional period under that article to allow the undertakings to make legal use of the sales name after registration.
(5) Regulation (EC) No 510/2006 has now been replaced by Regulation (EU) No 1151/2012, in force since 3 January 2013. The requirements laid down in the second subparagraph of Article 13(3) of Regulation (EC) No 510/2006 have been incorporated in Article 15(1) of Regulation (EU) No 1151/2012.
(6) As the undertakings L'Aziana Charcuterie Corse Nunzi Sauveur, Orezza Charcuterie La Castagniccia, Charcuterie Costa & Fils, Charcuterie Fontana, Salaisons Joseph Pantaloni, Charcuterie Passoni, Salaisons Sampiero, Salaisons réunies and Etablissements Semidei meet the requirements laid down in Article 15(1) of Regulation (EU) No 1151/2012, they should be granted a five-year transitional period in which to use the name ‘Jambon sec de Corse’/‘Jambon sec de Corse — Prisuttu’. However, as they have already benefited from the national adjustment period, the five years should take effect from the date on which the application was lodged with the Commission.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Agricultural Product Quality Policy Committee,
The name ‘Jambon sec de Corse’/‘Jambon sec de Corse — Prisuttu’ (PDO) is hereby entered in the register.
The name referred to in the first paragraph identifies a product in Class 1.2. Meat products (cooked, salted, smoked, etc.) of Annex II to Commission Regulation (EC) No 1898/2006 (4).
The undertakings L'Aziana Charcuterie Corse Nunzi Sauveur, Orezza Charcuterie La Castagniccia, Charcuterie Costa & Fils, Charcuterie Fontana, Salaisons Joseph Pantaloni, Charcuterie Passoni, Salaisons Sampiero, Salaisons réunies and Etablissements Semidei are authorised to continue to use the registered name ‘Jambon sec de Corse’/‘Jambon sec de Corse — Prisuttu’ (PDO) on a transitional basis until 27 April 2017.
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 |
32011D0436
|
2011/436/EU: Commission Implementing Decision of 19 July 2011 on the recognition of the ‘Abengoa RED Bioenergy Sustainability Assurance’ scheme for demonstrating compliance with the sustainability criteria under Directives 2009/28/EC and 2009/30/EC of the European Parliament and of the Council
|
21.7.2011 EN Official Journal of the European Union L 190/75
COMMISSION IMPLEMENTING DECISION
of 19 July 2011
on the recognition of the ‘Abengoa RED Bioenergy Sustainability Assurance’ scheme for demonstrating compliance with the sustainability criteria under Directives 2009/28/EC and 2009/30/EC of the European Parliament and of the Council
(2011/436/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (1), and in particular Article 18(6) thereof,
Having regard to Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels (2) as amended by Directive 2009/30/EC (3), and in particular Article 7c(6) thereof,
After consulting the Advisory Committee established by Article 25, paragraph 2 of Directive 2009/28/EC,
Whereas:
(1) Directives 2009/28/EC and 2009/30/EC both lay down sustainability criteria for biofuels. When reference is made to the provisions of Articles 17 and 18 of, and Annex V to, Directive 2009/28/EC this should be construed as the reference also to the similar provisions of Articles 7a, 7b and 7c of, and Annex IV to, Directive 2009/30/EC.
(2) Where biofuels and bioliquids are to be taken into account for the purposes referred to in Article 17(1)(a), (b) and (c), Member States shall require economic operators to show the compliance of biofuels and bioliquids with the sustainability criteria set out in Article 17(2) to (5) of Directive 2009/28/EC.
(3) Recital 76 of Directive 2009/28/EC states that the imposition of an unreasonable burden on industry should be avoided and voluntary schemes can help creating efficient solutions for proving compliance with these sustainability criteria.
(4) The Commission may decide that a voluntary national or international scheme demonstrates that consignments of biofuels comply with the sustainability criteria set out in Article 17(3) to (5) of Directive 2009/28/EC or that a voluntary national or international scheme to measure greenhouse gas emission savings contains accurate data for the purposes of Article 17(2) of this Directive.
(5) The Commission may recognise such a voluntary scheme for a period of 5 years.
(6) When an economic operator provides proof or data obtained in accordance with a scheme that has been recognised by the Commission, to the extent covered by that recognition decision, a Member State shall not require the supplier to provide further evidence of compliance with the sustainability criteria.
(7) The ‘Abengoa RED Bioenergy Sustainability Assurance’ (hereinafter ‘RBSA’) scheme was submitted on 8 April 2011 to the Commission with the request for recognition. The scheme covers a wide range of products and applies to all geographic locations. The recognised scheme will be made available at the transparency platform established under Directive 2009/28/EC. The Commission will take into account considerations of commercial sensitivity and may decide to only partially publish the scheme.
(8) Assessment of the RBSA scheme found it to adequately cover the sustainability criteria of Directive 2009/28/EC, as well as applying a mass balance methodology in line with the requirements of Article 18(1) of Directive 2009/28/EC.
(9) The evaluation of the RBSA scheme found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in Annex V to Directive 2009/28/EC.
(10) Any additional sustainability elements covered by the ‘RBSA’ scheme are not part of the consideration of this Decision. These additional sustainability criteria are not mandatory to show compliance with sustainability requirements set up in Directive 2009/28/EC. The Commission may at a later stage take a view on whether the scheme also contains accurate data for the purpose of information on measures taken for issues referred to in the second paragraph, second sentence of Article 18(4) of Directive 2009/28/EC,
The voluntary scheme ‘RBSA’ for which the request for recognition was submitted to the Commission on 8 April 2011 demonstrates that consignments of biofuels comply with the sustainability criteria as laid down in Article 17(3)(a), (b) and (c) and Article 17(4) and (5) of Directive 2009/28/EC and Article 7b(3)(a), (b) and (c) and Article 7b(4) and (5) of Directive 98/70/EC. The scheme also contains accurate data for purposes of Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC.
Furthermore, it may be used for demonstrating compliance with Article 18(1) of Directive 2009/28/EC and Article 7c(1) of Directive 98/70/EC.
1. The Decision is valid for a period of 5 years after it enters into force. If the scheme, after adoption of Commission decision, undergoes changes to its contents in a way that might affect the basis of this Decision, such changes shall be notified to the Commission without delay. The Commission will assess the notified changes with a view to establish whether the scheme is still adequately covering the sustainability criteria for which it is recognised.
2. If it has been clearly demonstrated that the scheme has not implemented elements considered to be decisive for this Decision and if severe and structural breach of those elements has taken place, the Commission reserves the right to revoke its Decision.
This Decision enters into force 20 days after its publication 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 |
32015R0319
|
Commission Implementing Regulation (EU) 2015/319 of 27 February 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables
|
28.2.2015 EN Official Journal of the European Union L 57/4
COMMISSION IMPLEMENTING REGULATION (EU) 2015/319
of 27 February 2015
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 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (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:
(1) 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.
(2) The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
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 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32009D0871
|
2009/871/EC: Commission Decision of 30 November 2009 conferring on the Republic of Croatia management of aid relating to the Component V — Agriculture and rural development of the instrument for pre-accession assistance (IPA) for pre-accession measures 101 and 103 in the pre-accession period
|
2.12.2009 EN Official Journal of the European Union L 315/15
COMMISSION DECISION
of 30 November 2009
conferring on the Republic of Croatia management of aid relating to the Component V — Agriculture and rural development of the instrument for pre-accession assistance (IPA) for pre-accession measures 101 and 103 in the pre-accession period
(2009/871/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (1),
Having regard to Commission Regulation (EC) No 718/2007 of 12 June 2007 implementing Council Regulation (EC) No 1085/2006 establishing an instrument for pre-accession assistance (IPA) (2) and in particular Articles 18 and 186 thereof,
Having regard to 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) (hereinafter referred to as the Financial Regulation), and in particular Article 53c and 56(2) thereof,
Having regard to Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (hereinafter referred to as the Implementing Rules) (4) and in particular Article 35 thereof,
Whereas:
(1) Regulation (EC) No 1085/2006 lays down the objectives and main principles for pre-accession assistance to candidate and potential candidate countries for the period from 2007 to 2013 and confers the responsibility for its implementation to the Commission.
(2) Articles 11, 12, 13, 14, 18 and 186 of Regulation (EC) No 718/2007 give the Commission the possibility to confer management powers to the beneficiary country and define the requirements for such conferral relating to the Component V — Agriculture and rural development of the instrument for pre-accession assistance.
(3) Under Article 7 of Regulation (EC) No 718/2007 the Commission and the beneficiary country shall conclude a framework agreement, in order to set out and agree on the rules for cooperation concerning EC financial assistance to the beneficiary country. Where necessary, the framework agreement may be complemented by a sectoral agreement, or sectoral agreements, covering component specific provisions.
(4) For conferring management powers to the beneficiary country the conditions laid down in Article 53c and 56(2) of the Financial Regulation and in Article 35 of the Implementing Rules must be fulfilled.
(5) The Framework Agreement on the rules for cooperation concerning EC financial assistance to the Republic of Croatia in the framework of the implementation of the assistance under the instrument for pre-accession assistance (IPA) between the Government of the Republic of Croatia and the Commission of the European Communities was concluded on 17 December 2007.
(6) The Programme for Agriculture and Rural Development of the Republic of Croatia under the IPA (hereinafter referred to as the IPARD Programme), approved by Commission Decision C(2008) 690 of 25 February 2008, in accordance with Article 7(3) of Regulation (EC) No 1085/2006, and Article 184 of Regulation (EC) No 718/2007, included a plan for the annual Community contributions as well as the financing agreement.
(7) The Sectoral Agreement concluded on 12 January 2009 between the Commission of the European Community, acting for and on behalf of the European Community and the Government of the Republic of Croatia, acting on behalf of the Republic of Croatia, complements the provisions of the Framework Agreement, laying down the specific provisions applicable for the implementation and the execution of the IPARD Programme for Agriculture and Rural Development of the Republic of Croatia under the instrument for pre-accession assistance (IPA).
(8) The IPARD Programme was last amended on 10 September 2009 by Commission Decision C(2009) 6770.
(9) Pursuant to Article 21 of Commission Regulation (EC) No 718/2007 the beneficiary country has to designate bodies and authorities responsible for implementation of the IPARD Programme: the Competent Accrediting Officer, the National Authorising Officer, the National Fund, the Managing Authority, the IPARD Agency and the Audit Authority.
(10) The Government of Croatia has appointed the National Fund Sector, an organisational unit of the State Treasury within the Ministry of Finance, acting as the National Fund, which will execute the functions and responsibilities as defined in Annex I of the Sectoral Agreement.
(11) The Government of Croatia has appointed the Directorate for Market and Structural Support in Agriculture, an organisational unit of the Ministry of Agriculture, Fisheries and Rural Development, to act as the IPARD Agency, which will execute the functions and responsibilities as defined in Annex I of the Sectoral Agreement.
(12) The Government of Croatia has appointed the Directorate for Rural Development, Sapard/IPARD Programme Managing Authority, within the Ministry of Agriculture, Fisheries and Rural Development, to act as the Managing Authority, which will execute the functions and responsibilities as defined in Annex I of the Sectoral Agreement.
(13) The Competent Accrediting Officer notified the European Commission on 12 November 2008 of the accreditation of the National Authorising Officer and the National Fund in accordance with Article 12(3) of Regulation (EC) No 718/2007.
(14) The National Authorising Officer notified the European Commission on 12 November 2008 of the accreditation of the operating structure in charge of the management and implementation of IPA Component V — Rural development, in accordance with Article 13(3) of Regulation (EC) No 718/2007.
(15) The Directorate for Market and Structural Support in Agriculture, acting as the IPARD Agency, and the Directorate for Rural Development, Sapard/IPARD Programme Managing Authority, acting as the Managing Authority, will be responsible for implementing the three measures accredited by the National Authorising Officer out of seven from the IPARD Programme: 101 ‘Investments in agriculture holdings to restructure and to upgrade to community standards’, 103 ‘Investments in the processing and marketing of agricultural and fishery products to restructure these activities and to upgrade them to Community standards’ and 301 ‘Improvement and development of rural infrastructure’ as defined in the Programme.
(16) On 16 March 2009 the Croatian Authorities submitted to the Commission the list of eligible expenditure in conformity with Article 32(3) of the Sectoral Agreement. The Commission approved this list on 8 April 2009.
(17) In order to take into account the requirements of Article 19(1) of the Framework Agreement the expenditure pursuant to this Decision shall be eligible for Community co-finance only if not paid earlier than the date of conferral decision, with the exception of general costs referred to in Article 172(3c) of Regulation (EC) No 718/2007. Expenditure shall be eligible if it is in accordance with the principles of sound financial management and, in particular, of economy and cost-effectiveness.
(18) Regulation (EC) No 718/2007 provides that the ex-ante approval requirement referred to in Article 18(2) of Regulation (EC) No 718/2007 may be waived on the basis of a case-by-case analysis of effective functioning of the management and control system concerned and provides for detailed rules for the carrying out of the said analysis.
(19) Pursuant to Articles 14 and 18 of Regulation (EC) No 718/2007, the accreditations referred to in Articles 11, 12 and 13 of Regulation (EC) No 718/2007 have been reviewed; and the procedures and structures of the bodies and authorities concerned, as set out in the application submitted by the National Authorising Officer, have been examined, including by on-the-spot verifications.
(20) None the less, the verifications carried out by the Commission for measure 101 ‘Investments in agriculture holdings to restructure and to upgrade to community standards’ and measure 103 ‘Investments in the processing and marketing of agricultural and fishery products to restructure these activities and to upgrade them to Community standards’ are based on a system that is operational, but not yet operating, with regard to all relevant elements.
(21) Although the Audit Authority is not itself part of this Decision, its level of readiness to operate as a functionally independent audit body by the time of submission to the Commission of the accreditation package for the conferral of management has been evaluated by on-the-spot verifications.
(22) Croatia’s compliance with the requirements of Article 56(2) of the Financial Regulation and Articles 11, 12 and 13 of Regulation (EC) No 718/2007 has been assessed by on-the-spot verifications.
(23) The assessment has shown that Croatia complies with the requirements for measures 101 and 103. However, the Directorate for Market and Structural Support in Agriculture, acting as the IPARD Agency, has not yet implemented properly the accreditation criteria for the functions it is due to perform in the framework of the implementation of measure 301 of the Programme for Croatia.
(24) It is therefore appropriate to waive the ex-ante approval requirements referred to in Article 18(1) of Regulation (EC) No 718/2007 and Article 165 of the Financial Regulation and to confer on the National Authorising Officer, on the National Fund, on the IPARD Agency and on the Managing Authority, the management powers relating to the measures 101 and 103 of the Programme for Croatia on a decentralised basis,
1. The management of assistance provided for under IPA — Component V as regards agriculture and rural development of the instrument for pre-accession assistance (IPA) is conferred on the concerned bodies under the conditions laid down in this Decision.
2. The requirement for ex-ante approval by the Commission of managing, paying and implementing functions for measure 101 ‘Investments in agriculture holdings to restructure and to upgrade to community standards’ and measure 103 ‘Investments in the processing and marketing of agricultural and fishery products to restructure these activities and to upgrade them to Community standards’ by the Republic of Croatia for in Article 18 of Regulation (EC) No 718/2007, is hereby waived.
This Decision shall apply on the basis of the following structures, bodies and authorities designated by the Republic of Croatia for the management of measures 101 and 103 of the Programme provided for under IPA — Component V:
(a) the National Authorising Officer;
(b) the National Fund;
(c) the Operating Structure for IPA — Component V:
— the Managing Authority,
— the IPARD Agency.
1. The management powers are conferred on the structures, bodies and authorities as specified in Article 2 of this Decision.
2. The national authorities shall carry out further verifications with regard to the structures, bodies and authorities set out in Article 2 of this Decision, in order to ensure that the management and control system operates satisfactorily. Verifications shall be carried out before the submission of the first Declaration of Expenditure requesting the reimbursement related to measures stated in Article 1(2) above.
1. Expenditure paid earlier than the date of this Decision shall in no case be eligible with the exception of general costs referred to in Article 172(3c) of Regulation (EC) No 718/2007.
2. Expenditure shall be eligible if it is in accordance with the principles of sound financial management and, in particular, of economy and cost-effectiveness.
Without prejudice to any decisions granting aid under the IPARD Programme to individual beneficiaries, the rules for eligibility of expenditure proposed by Croatia by letter No ‘Class: NP 018-04/09-01/106, Ref. number: 525-12-3-0472/09-2’ of 16 March 2009 and registered in the Commission on 26 March 2009 under No 8151 shall apply.
1. The Commission shall monitor compliance with the requirements for the conferral of management powers as laid down in Article 17 of Regulation (EC) No 718/2007.
2. At any time during the implementation of this Decision, should the Commission consider that the obligations of the Republic of Croatia under this Decision are no longer met, the Commission may decide to withdraw or suspend the conferral of management powers.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31995R1874
|
Commission Regulation (EC) No 1874/95 of 28 July 1995 concerning the stopping of fishing for cod by vessels flying the flag of Belgium
|
COMMISSION REGULATION (EC) No 1874/95 of 28 July 1995 concerning the stopping of fishing for cod by vessels flying the flag of Belgium
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), and in particular Article 21 (3) thereof,
Whereas Council Regulation (EC) No 3362/94 of 20 December 1994 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1995 and certain conditions under which they may be fished (2), as amended by Regulation (EC) No 746/95 (3), provides for cod quotas for 1995;
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 IIIa Skagerrak by vessels flying the flag of Belgium or registered in Belgium have reached the quota allocated for 1995; whereas Belgium has prohibited fishing for this stock as from 16 July 1995; whereas it is therefore necesary to abide by that date,
Catches of cod in the waters of ICES division IIIa Skagerrak by vessels flying the flag of Belgium or registered in Belgium are deemed to have exhausted the quota allocated to Belgium for 1995.
Fishing for cod in the waters of ICE division IIIa Skagerrak by vessels flying the flag of Belgium or registered in Belgium 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 16 July 1995.
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 |
32009L0024
|
Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (Codified version) (Text with EEA relevance)
|
5.5.2009 EN Official Journal of the European Union L 111/16
DIRECTIVE 2009/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 April 2009
on the legal protection of computer programs
(Codified version)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) The content of Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (3) has been amended (4). In the interests of clarity and rationality the said Directive should be codified.
(2) The development of computer programs requires the investment of considerable human, technical and financial resources while computer programs can be copied at a fraction of the cost needed to develop them independently.
(3) Computer programs are playing an increasingly important role in a broad range of industries and computer program technology can accordingly be considered as being of fundamental importance for the Community's industrial development.
(4) Certain differences in the legal protection of computer programs offered by the laws of the Member States have direct and negative effects on the functioning of the internal market as regards computer programs.
(5) Existing differences having such effects need to be removed and new ones prevented from arising, while differences not adversely affecting the functioning of the internal market to a substantial degree need not be removed or prevented from arising.
(6) The Community's legal framework on the protection of computer programs can accordingly in the first instance be limited to establishing that Member States should accord protection to computer programs under copyright law as literary works and, further, to establishing who and what should be protected, the exclusive rights on which protected persons should be able to rely in order to authorise or prohibit certain acts and for how long the protection should apply.
(7) For the purpose of this Directive, the term ‘computer program’ shall include programs in any form, including those which are incorporated into hardware. This term also includes preparatory design work leading to the development of a computer program provided that the nature of the preparatory work is such that a computer program can result from it at a later stage.
(8) In respect of the criteria to be applied in determining whether or not a computer program is an original work, no tests as to the qualitative or aesthetic merits of the program should be applied.
(9) The Community is fully committed to the promotion of international standardisation.
(10) The function of a computer program is to communicate and work together with other components of a computer system and with users and, for this purpose, a logical and, where appropriate, physical interconnection and interaction is required to permit all elements of software and hardware to work with other software and hardware and with users in all the ways in which they are intended to function. The parts of the program which provide for such interconnection and interaction between elements of software and hardware are generally known as ‘interfaces’. This functional interconnection and interaction is generally known as ‘interoperability’; such interoperability can be defined as the ability to exchange information and mutually to use the information which has been exchanged.
(11) For the avoidance of doubt, it has to be made clear that only the expression of a computer program is protected and that ideas and principles which underlie any element of a program, including those which underlie its interfaces, are not protected by copyright under this Directive. In accordance with this principle of copyright, to the extent that logic, algorithms and programming languages comprise ideas and principles, those ideas and principles are not protected under this Directive. In accordance with the legislation and case-law of the Member States and the international copyright conventions, the expression of those ideas and principles is to be protected by copyright.
(12) For the purposes of this Directive, the term ‘rental’ means the making available for use, for a limited period of time and for profit-making purposes, of a computer program or a copy thereof. This term does not include public lending, which, accordingly, remains outside the scope of this Directive.
(13) The exclusive rights of the author to prevent the unauthorised reproduction of his work should be subject to a limited exception in the case of a computer program to allow the reproduction technically necessary for the use of that program by the lawful acquirer. This means that the acts of loading and running necessary for the use of a copy of a program which has been lawfully acquired, and the act of correction of its errors, may not be prohibited by contract. In the absence of specific contractual provisions, including when a copy of the program has been sold, any other act necessary for the use of the copy of a program may be performed in accordance with its intended purpose by a lawful acquirer of that copy.
(14) A person having a right to use a computer program should not be prevented from performing acts necessary to observe, study or test the functioning of the program, provided that those acts do not infringe the copyright in the program.
(15) The unauthorised reproduction, translation, adaptation or transformation of the form of the code in which a copy of a computer program has been made available constitutes an infringement of the exclusive rights of the author. Nevertheless, circumstances may exist when such a reproduction of the code and translation of its form are indispensable to obtain the necessary information to achieve the interoperability of an independently created program with other programs. It has therefore to be considered that, in these limited circumstances only, performance of the acts of reproduction and translation by or on behalf of a person having a right to use a copy of the program is legitimate and compatible with fair practice and must therefore be deemed not to require the authorisation of the rightholder. An objective of this exception is to make it possible to connect all components of a computer system, including those of different manufacturers, so that they can work together. Such an exception to the author's exclusive rights may not be used in a way which prejudices the legitimate interests of the rightholder or which conflicts with a normal exploitation of the program.
(16) Protection of computer programs under copyright laws should be without prejudice to the application, in appropriate cases, of other forms of protection. However, any contractual provisions contrary to the provisions of this Directive laid down in respect of decompilation or to the exceptions provided for by this Directive with regard to the making of a back-up copy or to observation, study or testing of the functioning of a program should be null and void.
(17) The provisions of this Directive are without prejudice to the application of the competition rules under Articles 81 and 82 of the Treaty if a dominant supplier refuses to make information available which is necessary for interoperability as defined in this Directive.
(18) The provisions of this Directive should be without prejudice to specific requirements of Community law already enacted in respect of the publication of interfaces in the telecommunications sector or Council Decisions relating to standardisation in the field of information technology and telecommunication.
(19) This Directive does not affect derogations provided for under national legislation in accordance with the Berne Convention on points not covered by this Directive.
(20) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex I, Part B,
Object of protection
1. In accordance with the provisions of this Directive, Member States shall protect computer programs, by copyright, as literary works within the meaning of the Berne Convention for the Protection of Literary and Artistic Works. For the purposes of this Directive, the term ‘computer programs’ shall include their preparatory design material.
2. Protection in accordance with this Directive shall apply to the expression in any form of a computer program. Ideas and principles which underlie any element of a computer program, including those which underlie its interfaces, are not protected by copyright under this Directive.
3. A computer program shall be protected if it is original in the sense that it is the author's own intellectual creation. No other criteria shall be applied to determine its eligibility for protection.
4. The provisions of this Directive shall apply also to programs created before 1 January 1993, without prejudice to any acts concluded and rights acquired before that date.
Authorship of computer programs
1. The author of a computer program shall be the natural person or group of natural persons who has created the program or, where the legislation of the Member State permits, the legal person designated as the rightholder by that legislation.
Where collective works are recognised by the legislation of a Member State, the person considered by the legislation of the Member State to have created the work shall be deemed to be its author.
2. In respect of a computer program created by a group of natural persons jointly, the exclusive rights shall be owned jointly.
3. Where a computer program is created by an employee in the execution of his duties or following the instructions given by his employer, the employer exclusively shall be entitled to exercise all economic rights in the program so created, unless otherwise provided by contract.
Beneficiaries of protection
Protection shall be granted to all natural or legal persons eligible under national copyright legislation as applied to literary works.
Restricted acts
1. Subject to the provisions of Articles 5 and 6, the exclusive rights of the rightholder within the meaning of Article 2 shall include the right to do or to authorise:
(a) the permanent or temporary reproduction of a computer program by any means and in any form, in part or in whole; in so far as loading, displaying, running, transmission or storage of the computer program necessitate such reproduction, such acts shall be subject to authorisation by the rightholder;
(b) the translation, adaptation, arrangement and any other alteration of a computer program and the reproduction of the results thereof, without prejudice to the rights of the person who alters the program;
(c) any form of distribution to the public, including the rental, of the original computer program or of copies thereof.
2. The first sale in the Community of a copy of a program by the rightholder or with his consent shall exhaust the distribution right within the Community of that copy, with the exception of the right to control further rental of the program or a copy thereof.
Exceptions to the restricted acts
1. In the absence of specific contractual provisions, the acts referred to in points (a) and (b) of Article 4(1) shall not require authorisation by the rightholder where they are necessary for the use of the computer program by the lawful acquirer in accordance with its intended purpose, including for error correction.
2. The making of a back-up copy by a person having a right to use the computer program may not be prevented by contract in so far as it is necessary for that use.
3. The person having a right to use a copy of a computer program shall be entitled, without the authorisation of the rightholder, to observe, study or test the functioning of the program in order to determine the ideas and principles which underlie any element of the program if he does so while performing any of the acts of loading, displaying, running, transmitting or storing the program which he is entitled to do.
Decompilation
1. The authorisation of the rightholder shall not be required where reproduction of the code and translation of its form within the meaning of points (a) and (b) of Article 4(1) are indispensable to obtain the information necessary to achieve the interoperability of an independently created computer program with other programs, provided that the following conditions are met:
(a) those acts are performed by the licensee or by another person having a right to use a copy of a program, or on their behalf by a person authorised to do so;
(b) the information necessary to achieve interoperability has not previously been readily available to the persons referred to in point (a); and
(c) those acts are confined to the parts of the original program which are necessary in order to achieve interoperability.
2. The provisions of paragraph 1 shall not permit the information obtained through its application:
(a) to be used for goals other than to achieve the interoperability of the independently created computer program;
(b) to be given to others, except when necessary for the interoperability of the independently created computer program; or
(c) to be used for the development, production or marketing of a computer program substantially similar in its expression, or for any other act which infringes copyright.
3. In accordance with the provisions of the Berne Convention for the protection of Literary and Artistic Works, the provisions of this Article may not be interpreted in such a way as to allow its application to be used in a manner which unreasonably prejudices the rightholder's legitimate interests or conflicts with a normal exploitation of the computer program.
Special measures of protection
1. Without prejudice to the provisions of Articles 4, 5 and 6, Member States shall provide, in accordance with their national legislation, appropriate remedies against a person committing any of the following acts:
(a) any act of putting into circulation a copy of a computer program knowing, or having reason to believe, that it is an infringing copy;
(b) the possession, for commercial purposes, of a copy of a computer program knowing, or having reason to believe, that it is an infringing copy;
(c) any act of putting into circulation, or the possession for commercial purposes of, any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of any technical device which may have been applied to protect a computer program.
2. Any infringing copy of a computer program shall be liable to seizure in accordance with the legislation of the Member State concerned.
3. Member States may provide for the seizure of any means referred to in point (c) of paragraph 1.
Continued application of other legal provisions
The provisions of this Directive shall be without prejudice to any other legal provisions such as those concerning patent rights, trade-marks, unfair competition, trade secrets, protection of semi-conductor products or the law of contract.
Any contractual provisions contrary to Article 6 or to the exceptions provided for in Article 5(2) and (3) shall be null and void.
Communication
Member States shall communicate to the Commission the provisions of national law adopted in the field governed by this Directive.
0
Repeal
Directive 91/250/EEC, as amended by the Directive indicated in Annex I, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex I, Part B.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.
1
Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
2
Addressees
This Directive is addressed to the Member States.
| 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
32003R0741
|
Commission Regulation (EC) No 741/2003 of 28 April 2003 amending Regulation (EC) No 1555/96 as regards the trigger levels for additional duties on cherries, other than sour cherries
|
Commission Regulation (EC) No 741/2003
of 28 April 2003
amending Regulation (EC) No 1555/96 as regards the trigger levels for additional duties on cherries, other than sour cherries
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 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(3), as last amended by Regulation (EC) No 570/2003(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 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(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 cherries, other than sour cherries 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 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 May 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 |
32012D0463
|
2012/463/EU: Commission Decision of 23 July 2012 amending Decisions 2006/679/EC and 2006/860/EC concerning technical specifications for interoperability (notified under document C(2012) 4984) Text with EEA relevance
|
14.8.2012 EN Official Journal of the European Union L 217/11
COMMISSION DECISION
of 23 July 2012
amending Decisions 2006/679/EC and 2006/860/EC concerning technical specifications for interoperability
(notified under document C(2012) 4984)
(Text with EEA relevance)
(2012/463/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (1), and in particular Article 6(1) thereof,
Whereas:
(1) Article 12 of Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European railway agency (Agency Regulation) (2) requires the European Railway Agency (hereinafter referred to as ‘the Agency’) to ensure that the technical specifications for interoperability (hereinafter referred to as ‘TSIs’) are adapted to technical progress and market trends and to the social requirements and to propose to the Commission the amendments to the TSIs which it considers necessary.
(2) By Decision C(2007) 3371 of 13 July 2007, the Commission gave a framework mandate to the Agency to perform certain activities under Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (3) and Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the trans-European conventional rail system (4). Under the terms of that framework mandate, the Agency was requested to revise the TSIs on high-speed rolling stock, freight wagons, locomotives and passenger rolling stock, noise, infrastructure, energy, control-command and signalling, operation and traffic management, telematic applications for freight and passenger services, safety on railway tunnels and accessibility to persons with reduced mobility.
(3) On 31 March 2011, the Agency issued a recommendation on the specification of the register of infrastructure, the procedure of demonstrating the level of compliance with the basic parameters of the TSIs for existing lines, and subsequent amendments to TSIs (ERA/REC/04-2011/INT).
(4) On 9 June 2011, the Committee established in accordance with Article 29(1) of Directive 2008/57/EC gave a positive opinion on the draft Commission Implementing Decision on the European register of authorised types of railway vehicles and on the draft Commission Implementing Decision on the common specifications of the register of railway infrastructure. Following the adoption of these two Commission acts based on these drafts, namely Commission Implementing Decision 2011/633/EU of 15 September 2011 on the common specifications of the register of railway infrastructure (5) and Commission Implementing Decision 2011/665/EU of 4 October 2011 on the European register of authorised types of railway vehicles (6), the relevant TSIs need to be updated to ensure global consistency.
(5) For practical reasons, it is preferable to amend a series of TSIs by a single Commission Decision to implement particular corrections and updates in the legal texts. These corrections and updates are not arising from a global revision of the TSIs or from the extension of their geographical scope.
(6) It is therefore necessary to amend the following Decisions:
— Commission Decision 2006/679/EC of 28 March 2006 concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system (7), and
— Commission Decision 2006/860/EC of 7 November 2006 concerning a technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European high speed rail system and modifying Annex A to Decision 2006/679/EC concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system (8).
(7) The measures provided for in this Decision are in conformity with the opinion of the Committee established in accordance with Article 29(1) of Directive 2008/57/EC,
The Annex to Decision 2006/679/EC is amended in accordance with Annex I to this Decision.
The Annex to Decision 2006/860/EC is amended in accordance with Annex II to this Decision.
This Decision shall apply from 24 January 2013.
This Decision is addressed to the Member States.
| 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32003R1853
|
Commission Regulation (EC) No 1853/2003 of 21 October 2003 on periodical sales by tender of beef held by certain intervention agencies
|
Commission Regulation (EC) No 1853/2003
of 21 October 2003
on periodical sales by tender of beef held by certain intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), as last amended by Commission Regulation (EC) No 806/2003(2), and in particular Article 28(2) thereof,
Whereas:
(1) The application of intervention measures in respect of beef has resulted in a build-up of stocks in several Member States. In order to prevent storage being prolonged excessively, part of those stocks should be put up for sale by periodical tender.
(2) 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 and repealing Regulation (EEC) No 216/69(3), as last amended by Regulation (EC) No 2417/95(4), and in particular Titles II and III thereof.
(3) In the light of the frequency and nature of tenders under this Regulation it is necessary to derogate from Articles 6 and 7 of Regulation (EEC) No 2173/79 with regard to the information and deadlines to be provided by the notice of invitation to tender.
(4) 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.
(5) Provisions 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.
(6) In order to ensure a proper functioning of the tender arrangements it is necessary to provide for a higher amount of security than the one fixed in Article 15(1) of Regulation (EEC) No 2173/79.
(7) On the basis of experience gained with regard to the disposal of bone-in intervention beef, it is necessary to reinforce the quality controls of the products before their delivery to the purchasers, in particular to ensure that the products comply with the provisions in Annex III of 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(5), as last amended by Regulation (EC) No 1564/2001(6).
(8) 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 beef shall be put up for sale:
- 16 tonnes of bone-in hindquarters held by the German intervention agency,
- 5 tonnes of bone-in hindquarters held by the Italian intervention agency,
- 9 tonnes of bone-in forequarters held by the Italian intervention agency,
- 1279 tonnes of bone-in forequarters held by the Spanish intervention agency,
- 2 tonnes of boneless beef held by the German intervention agency,
- 12 tonnes of boneless beef held by the Spanish intervention agency,
- 1685 tonnes of boneless beef held by the French intervention agency.
Detailed information concerning quantities is given in Annex I.
2. 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.
1. Tenders shall be submitted for the following closing dates:
(a) 27 October 2003
(b) 10 November 2003
(c) 24 November 2003
(d) 8 December 2003
until the quantities put up for sale are used up.
2. 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 for each sale, setting out, in particular:
- the quantities of beef put up for sale, and
- the deadline and place for the submission of tenders.
3. 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 2 at their head offices and may also publish them in other ways.
4. The intervention agencies concerned shall sell first meat which has been in storage for the longest time. However, Member States may in exceptional cases and after having obtained authorisation from the Commission derogate from that obligation.
5. Only tenders reaching the intervention agencies concerned by 12.00 on the relevant closing date for each sale by tender shall be considered.
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 and the relevant date. The sealed envelopes must not be opened by the intervention agency before the deadline for submission, as referred to in paragraph 5, 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.
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 shall be set or no award shall be made.
The intervention agency shall send each tenderer the information referred to in Article 11 of Regulation (EEC) No 2173/79 by fax.
1. The Member States shall take all necessary measures to ensure that bone-in intervention products delivered to the purchasers are presented in a state which fully complies with Annex III to Regulation (EC) No 562/2000 and in particular the sixth indent of point 2(a) of that Annex.
2. The costs related to the measures referred to in paragraph 1 shall be borne by the Member States and shall, in particular, not be imposed on the purchaser or any other third party.
3. Member States shall notify the Commission(7) of all cases where a bone-in intervention quarter has been identified as not complying with Annex III as referred to in paragraph 1, specifying the quality and quantity of the quarter as well as the slaughterhouse where it was produced.
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 | 1 | 0 |
32003D0250
|
2003/250/EC: Commission Decision of 9 April 2003 authorising Member States to provide for temporary derogations from certain provisions of Council Directive 2000/29/EC in respect of plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in the Republic of South Africa (notified under document number C(2003) 1185)
|
Commission Decision
of 9 April 2003
authorising Member States to provide for temporary derogations from certain provisions of Council Directive 2000/29/EC in respect of plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in the Republic of South Africa
(notified under document number C(2003) 1185)
(2003/250/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), as last amended by Commission Directive 2003/22/EC(2), and in particular Article 15(1) thereof,
Having regard to the request made by France,
Whereas:
(1) Under Directive 2000/29/EC, plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in non-European countries, other than Mediterranean countries, Australia, New Zealand, Canada and the continental states of the United States of America, may not in principle be introduced into the Community. However, that Directive permits derogations from that rule, provided that it is established that there is no risk of spreading harmful organisms.
(2) In the Republic of South Africa, the multiplication of plants of Fragaria L., intended for planting, other than seeds, from plants supplied by a Member State, has become an established practice. The plants produced are afterwards exported to the Community to be planted for fruit production.
(3) By Commission Decisions 97/488/EC(3), 98/432/EC(4) and 1999/383/EC(5), derogations from certain provisions of Directive 2000/29/EC in respect of plants of Fragaria L., intended for planting, other than seeds, originating in the Republic of South Africa have been authorised for limited periods and subject to specific conditions.
(4) The circumstances justifying those derogations are still valid, and there is no new information giving cause for revision of the specific conditions.
(5) The Member States should therefore be authorised to provide for derogations, for certain limited periods and subject to specific conditions.
(6) That authorisation to provide for derogations should be terminated if it is established that the specific conditions laid down in this Decision are not sufficient to prevent the introduction of harmful organisms into the Community or have not been complied with.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
Member States are authorised to provide for derogations from Article 4(1) of Directive 2000/29/EC, with regard to the prohibitions referred to in point 18 of Part A of Annex III to that Directive for plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in the Republic of South Africa (hereinafter referred to as the plants).
The authorisation to provide for derogations, as provided for in paragraph 1 (hereinafter referred to as the authorisation), shall be subject, in addition to the conditions laid down in Annexes I, II and IV to Directive 2000/29/EC, to the conditions provided for in the Annex, and shall only apply to the plants that are introduced into the Community, in the periods from:
(a) 1 June 2003 to 30 September 2003;
(b) 1 June 2004 to 30 September 2004;
(c) 1 June 2005 to 30 September 2005; and
(d) 1 June 2006 to 30 September 2006.
Member States shall provide the Commission and the other Member States, before 30 November of the year of importation, with:
(a) the information on quantities of plants imported pursuant to this Decision; and
(b) a detailed technical report of the official inspections and testing referred to in point 5 of the Annex.
Any Member State in which the plants are subsequently planted after their import, shall also provide the Commission and the other Member States, before 31 March of the year following the importation, with a detailed technical report of the official inspections and testing referred to in point 8 of the Annex.
Member States shall immediately notify the Commission and the other Member States of all consignments introduced into their territory pursuant to this Decision which were subsequently found not to comply with this Decision.
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 |
32012R0172
|
Commission Implementing Regulation (EU) No 172/2012 of 28 February 2012 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year
|
29.2.2012 EN Official Journal of the European Union L 55/16
COMMISSION IMPLEMENTING REGULATION (EU) No 172/2012
of 28 February 2012
amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 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 2011/12 marketing year are fixed by Commission Implementing Regulation (EU) No 971/2011 (3). Those prices and duties were last amended by Commission Implementing Regulation (EU) No 159/2012 (4).
(2) The data currently available to the Commission indicate that those amounts should be amended in accordance with Article 36 of Regulation (EC) No 951/2006.
(3) Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,
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 Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year, are hereby amended as set out in the Annex hereto.
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 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31990R1928
|
Council Regulation (EEC) No 1928/90 of 29 June 1990 increasing the volume of the Community tariff quota opened for 1990 for ferro-chromium containing more than 6% by weight of carbon
|
COUNCIL REGULATION (EEC) No 1928/90
of 29 June 1990
increasing the volume of the Community tariff quota opened for 1990 for ferro-chromium containing more than 6 % by weight of carbon
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community and in particular Article 28 thereof,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) No 3693/89 (1) opened for the year 1990 a zero-duty Community tariff quota for ferro-chromium containing more than 6 % by weight of carbon and its volume was fixed provisionally at 300 000 tonnes;
Whereas it can be estimated from the economic data now available on consumption, production and imports under other preferential tariff arrangements that immediate Community requirements for imports of this product from third countries could during the current year reach levels higher than the volume laid down by Regulation (EEC) No 3693/89; whereas, in order not to disturb the equilibrium of the market for this product and to ensure both an outlet for Community production and sufficiently secure supplies for user industries, the quota volume should be increased by a quantity corresponding to the needs of user industries until the autumn, i. e. by 100 000 tonnes; whereas this increase in the quota volume does not preclude the possibility of a further adjustment in the autumn,
The volume of the Community tariff quota opened by Regulation (EEC) No 3693/89 for ferro-chromium containing more than 6 % by weight of carbon shall be increased from 300 000 tonnes to 400 000 tonnes.
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 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32013R0210
|
Commission Regulation (EU) No 210/2013 of 11 March 2013 on the approval of establishments producing sprouts pursuant to Regulation (EC) No 852/2004 of the European Parliament and of the Council Text with EEA relevance
|
12.3.2013 EN Official Journal of the European Union L 68/24
COMMISSION REGULATION (EU) No 210/2013
of 11 March 2013
on the approval of establishments producing sprouts pursuant to Regulation (EC) No 852/2004 of the European Parliament and of the Council
(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 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (1), and in particular Article 6(3)(c) thereof,
Whereas:
(1) Regulation (EC) No 852/2004 lays down general rules for food business operators on the hygiene of foodstuffs, inter alia, for primary production and associated operations. That Regulation provides that food business operators are to ensure that establishments are approved by the competent authority, following at least one on-site visit when approval is required under national legislation, under Regulation (EC) No 853/2004 of the European Parliament and of the Council (2) or under a decision adopted pursuant to Regulation (EC) No 852/2004.
(2) Following the outbreaks of Shiga toxin-producing E. coli in May 2011 in the Union, consumption of sprouts was identified as the most likely origin of the outbreaks.
(3) On 20 October 2011, the European Food Safety Authority (‘EFSA’) adopted a Scientific Opinion on the risk posed by Shiga toxin-producing Escherichia coli (STEC) and other pathogenic bacteria in seeds and sprouted seeds (3). In its Opinion, EFSA concludes that the contamination of dry seeds with bacterial pathogens is the most likely initial source of the sprout-associated outbreaks. In addition, the Opinion states that, due to the high humidity and the favourable temperature during sprouting, bacterial pathogens present on dry seeds can multiply during sprouting and result in a public health risk.
(4) In order to ensure the protection of public health in the Union and in view of that EFSA Opinion, Commission Regulation (EU) No 209/2013 (4) amending Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (5), Commission Regulation (EU) No 211/2013 (6) and Commission Implementing Regulation (EU) No 208/2013 (7) were adopted.
(5) In addition to the measures laid down in those acts, establishments producing sprouts should be subject to approval in accordance with Regulation (EC) No 852/2004. Such approvals, granted following at least one on-site visit, would ensure that such establishments comply with the relevant hygiene rules, thereby ensuring a high level of protection of public health. The approval of such establishments should be conditional upon their compliance with a number of requirements in order to ensure that the possibility of contamination within the facility where sprouts are produced is reduced.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee of the Food Chain and Animal Health,
For the purpose of this Regulation, the definition of ‘sprouts’ in Article 2 of Implementing Regulation (EU) No 208/2013 shall apply.
Food business operators shall ensure that establishments producing sprouts are approved by the competent authority in accordance with Article 6 of Regulation (EC) No 852/2004. The competent authority shall approve those establishments only provided that they comply with the requirements set out in Annex I to Regulation (EC) No 852/2004 and in the Annex 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.
It shall apply from 1 July 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
| 0 | 0.333333 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31981R0009
|
Council Regulation (EEC) No 9/81 of 1 January 1981 concerning stocks of agricultural products in Greece on 1 January 1981
|
COUNCIL REGULATION (EEC) No 9/81 of 1 January 1981 concerning stocks of agricultural products in Greece on 1 January 1981
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the 1979 Act of Accession, and in particular Article 72 (1) thereof,
Having regard to the proposal from the Commission,
Whereas Article 71 of the Act of Accession provides that any stock of products in free circulation in Greek territory on 1 January 1981 and which in quantity exceeds what may be considered representative of a normal carry-over must be eliminated by and at the expense of Greece;
Whereas it is not necessary to determine the stocks of certain products, either because of the nature of these products or because they are not financed through the European Agricultural Guidance and Guarantee Fund;
Whereas, for reasons relating to the management of agricultural markets, steps should be taken to prevent the elimination of the products referred to in Article 71 of the Act of Accession resulting in the creation of two parallel markets for one and the same product ; whereas the purpose of Article 71 may be achieved through financing measures;
Whereas the term "any stock of products" covers both public and private stocks;
Whereas criteria should be laid down whereby the quantity considered as a normal carry-over stock may be established ; whereas, to this end, due account should be taken of the requirements of the Greek market over periods which may vary with the nature of the products;
Whereas the stocks to be eliminated at the expense of Greece may, as a rule, be determined on the basis of data already available or on the basis of estimates ; whereas it would seem necessary, however, to provide for the organization of a survey,
This Regulation lays down the general rules for the application of Article 71 of the Act of Accession.
This Regulation does not apply to products
- which cannot be stored, or
- in respect of which there is no risk of speculation, or
- in respect of which there are no export refunds or intervention measures of the types listed in the Annex to Regulation (EEC) No 1883/78 (1), or
- which belong to the tobacco sector.
1. The following shall be considered as products in free circulation in Greek territory: (a) products obtained wholly in Greece;
(b) products - obtained wholly or partially from products which come from countries other than Greece, or
- imported from countries other than Greece;
in respect of which import formalities have been completed and the customs duties or charges having equivalent effect have been levied, and which have not qualified for a total or partial drawback of such duties or charges.
2. Any quantity of products belonging to, or held by, Greece or by any legal or natural person, with the exception of minimal quantities, shall be considered as a stock of products.
A survey may be organized to determine the stocks of products in Greek territory on 1 January 1981.
1. The following shall be considered as a normal carry-over stock: (a) the reserve stock considered necessary to deal with exceptional situations, and
(1) OJ No L 216, 5.8.1978, p. 1. (b) the operating operating stock necessary to meet the requirements of the Greek market over a period to be determined.
The period to be determined shall not exceed the remainder of the current marketing year for each of the products concerned ; where there is no marketing year, the period shall end not later than 31 December 1981.
The requirements of the Greek market shall be assessed in terms of consumption, processing and traditional exports.
2. Stocks consisting of quantities of products which have been the subject of abnormal and speculative activities shall not, however, be considered as normal carry-over stocks.
For the purposes of this paragraph, a decrease in the flow of products traded may be considered as an abnormal activity.
1. The EAGGF, Guarantee Section, shall not be responsible for expenditure on refunds or, where applicable, on intervention measures resulting from the disposal of quantities of products for which the stock referred to in Article 71 of the Act of Accession has been determined, even if covered by specific declarations to the Commission in documents forwarded pursuant to Article 5 of Regulation (EEC) No 729/70 (1).
2. The quantities of products for which the stock referred to in Article 71 of the Act of Accession has been determined shall be regarded as having been the first to be disposed of.
3. For each product concerned, the quantity and the nature of the expenditure for which no responsibility is taken shall be determined.
In cases where more than one type of expenditure may be applicable in respect of one and the same product, the quantities of that product shall be determined in respect of each type of expenditure and need not be the same.
4. Detailed rules for the implementation of this Article shall be adopted, if necessary, in accordance with the procedure laid down in Article 13 of Regulation (EEC) No 729/70.
Should the market situation, particular account being taken of trade patterns and the quantities delivered into intervention, indicate that the quantities of products used as a basis for determining stocks are inappropriate, the Council, acting by a qualified majority on a proposal from the Commission, shall adopt the necessary measures.
The detailed rules for the implementation of this Regulation shall be adopted in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC (2) or, as appropriate, in the corresponding Articles of the other Regulations on the common organization of agricultural markets.
These rules shall, in particular: (a) include a list of the products for which Greece is to carry out a survey of stocks;
(b) determine the stock referred to in Article 71 of the Act of Accession in the case of products the quantities of which exceed the normal carry-over stock;
(c) determine the quantities and types of expenditure specified in Article 6 (3) above;
(d) specify the information which Greece is to forward to the Commission.
This Regulation shall enter into force on 1 January 1981.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
| 0 | 0.5 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32007D0594
|
2007/594/EC: Commission Decision of 29 August 2007 amending Annex IV to Council Directive 90/539/EEC as regards model veterinary certificates for intra-Community trade in poultry and hatching eggs to take account of certain public health requirements (notified under document number C(2007) 3999) (Text with EEA relevance )
|
31.8.2007 EN Official Journal of the European Union L 227/33
COMMISSION DECISION
of 29 August 2007
amending Annex IV to Council Directive 90/539/EEC as regards model veterinary certificates for intra-Community trade in poultry and hatching eggs to take account of certain public health requirements
(notified under document number C(2007) 3999)
(Text with EEA relevance)
(2007/594/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (1), and in particular Article 34 thereof,
Having regard at Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (2), and in particular Article 30(1)(b) thereof,
Whereas:
(1) Directive 90/539/EEC lays down animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs, including the condition that poultry and hatching eggs during transportation to the place of destination are to be accompanied by a veterinary certificate which conforms with the appropriate model certificates in Annex IV to that Directive.
(2) Those veterinary certificates provide for guarantees with regard to certain animal diseases. However, they do not contain any information with regard to public health, such as information on testing for certain zoonoses and zoonotic agents.
(3) Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents (3) provides that the flocks of origin of poultry covered by that Regulation are to be tested for certain specified zoonoses and zoonotic agents prior to any dispatch from the food business of origin of live animals or hatching eggs. The date and the results of testing are to be included in the relevant veterinary certificates, provided for in Community legislation, from the dates indicated in Annex I to that Regulation. Those requirements apply to live breeding animals and hatching eggs from 1 January 2007 and are to apply to laying hens from 1 February 2008 and to broilers from 1 January 2009.
(4) Regulation (EC) No 882/2004 lays down requirement for the adoption of model health certificates to verify compliance with Community rules aiming at the prevention, elimination, or reduction to acceptable levels of risks to human and animal health. In the interests of coherence and simplicity of Community legislation, a single model certificate should, where appropriate, combine requirements concerning official certification of feed and food and other relevant requirements.
(5) Taking account of the testing requirements for public health reasons pursuant to Regulation (EC) No 2160/2003, the animal health requirements of Directive 90/539/EEC, and the appropriateness to combine all certifications into a single model certificate, new model certificates for poultry and hatching eggs should be introduced in Community legislation and should replace the model certificates in Directive 90/539/EEC.
(6) In October 2004 Denmark introduced the systematic prophylactic vaccination of poultry against Newcastle disease. Denmark should therefore no longer be listed as a country having an EC-approved non-vaccinating status for Newcastle disease in the model health certificates set out in Directive 90/539/EEC.
(7) Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC (4), Commission Decision 2006/563/EC of 11 August 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community and repealing Decision 2006/115/EC (5) and Commission Decision 2006/605/EC of 6 September 2006 on certain protection measures in relation to intra-Community trade in poultry intended for restocking of wild game supplies (6) lay down certain provisions concerning authorisations for movements of live poultry and hatching eggs from areas subject to certain restrictions.
(8) In addition, Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (7) provides for the approval of vaccination plans against avian influenza in certain Member States.
(9) Taking account of those provisions of Decisions 2006/415/EC, 2006/563/EC, 2006/605/EC and Directive 2005/94/EC, certain amendments should be made to the current model veterinary certificates set out in Directive 90/539/EEC.
(10) It is appropriate for the certificates to be presented in accordance with the standardised layout of veterinary certificates as set out in Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC (8).
(11) Commission Regulation (EC) No 599/2004 of 30 March 2004 concerning the adoption of a harmonised model certificate and inspection report linked to intra-Community trade in animals and products of animal origin (9) provides that the various veterinary certificates required in the context of intra-Community are to be presented on the basis of the harmonised model certificates annexed to that Regulation. Accordingly, it is necessary to harmonise the model veterinary certificates set out in Directive 90/539/EEC.
(12) Directive 90/539/EEC should therefore be amended accordingly.
(13) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Annex IV to Directive 90/539/EEC is replaced by the text in the Annex to this Decision.
This Decision shall apply from 1 September 2007.
However, the following provisions of the Models set out in Annex IV to Directive 90/539/EEC, as amended by this Decision, shall apply from the following dates:
(a) point II.2(a) of the veterinary certificate in Model 2 for day-old chicks, shall apply from:
(i) 1 February 2008 where those chicks are solely intended for the production of eggs other than hatching eggs; or
(ii) 1 January 2009 where those chicks are solely intended for meat production.
(b) point II.2(a) of the veterinary certificate in Model 3 for breeding and productive poultry, shall apply from:
(i) 1 February 2008 where those poultry are solely intended for the production of eggs other than hatching eggs; or
(ii) 1 January 2009 where those poultry are solely intended for meat production.
(c) point II.2(a) of the veterinary certificate in Model 4 for poultry, day-old chicks and hatching eggs, shall apply from:
(i) 1 February 2008 where those poultry or chicks are solely intended for the production of eggs other than hatching eggs; or
(ii) 1 January 2009 where those poultry or chicks are solely intended for meat production.
(d) point II.2(a) of the veterinary certificate in Model 5 for slaughter poultry, shall apply from:
(i) 1 February 2008 where those poultry are solely intended for the production of eggs other than hatching eggs; or
(ii) 1 January 2009 where those poultry are solely intended for meat production.
This Decision is addressed to the Member States.
| 0 | 0 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31981D0518
|
81/518/EEC: Council Decision of 6 July 1981 on the restructuring of the system for agricultural surveys in Italy
|
COUNCIL DECISION of 6 July 1981 on the restructuring of the system for agricultural surveys in Italy (81/518/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas it is necessary, for effective and balanced implementation of the common agricultural policy in Italy, especially in the Mezzogiorno regions, to have statistical information of satisfactory scope and reliability on agricultural holdings in Italy and on the production, processing and marketing of agricultural products;
Whereas in Italy the system of statistical surveys carried out in agriculture at present on territorial units, and partially on economic units, has hitherto satisfied Community requirements in respect of a number of censuses in a somewhat ad hoc manner as regards both execution and financing ; whereas, therefore, a restructuring of the information collecting system is highly desirable with a view to providing a more solid basis for the statistical information to be provided ; whereas the system could at the same time be brought into line with those in other Member States, thus improving comparability within the Community;
Whereas, because of economic and budgetary constraints, the Italian Government does not have sufficient means to make the considerable effort involved in establishing a statistical system comparable to those which already exist in the other Member States;
Whereas the implementation of an effective system for recording agricultural statistics in Italy will be in the interest of the Community and will contribute to the attainment of the objectives defined in Article 39 (1) (a) of the Treaty, including the structural changes necessary for the proper functioning of the common market;
Whereas a Community contribution to the financing of the measures to be taken is envisaged without, however, making expenditure relating to administrative costs and personnel, within the meaning of Article 1 (4) of Council Regulation (EEC) No 729/70 (3), as last amended by Council Regulation (EEC) No 3509/80 (4), eligible under the Community budget;
Whereas the terms should be defined on which the Community will help to finance the planning and operation of a statistical programme in the Member State concerned ; whereas while the Italian Government should retain responsibility for such planning, account being taken of existing administrative structures, certain conditions should be laid down to guarantee optimum utilization of the Community's financial contribution;
Whereas the Community must be able to ensure that the measures taken by the Italian Government will help to attain the objectives of the joint action and will fulfil the conditions under which the Community financing is granted;
Whereas a procedure should be laid down whereby the Member States and the Commission will cooperate closely in the Standing Committee for Agricultural Statistics,
In order to organize in Italy a system of statistical surveys on agricultural matters which will fully satisfy Community requirements for statistical information in this field, the Italian Government shall ensure: (a) the gradual introduction of a coherent programme of statistical surveys, conducted on the basis of samples at agricultural holdings level, by interviewers chosen and specially trained for that purpose;
(b) the strengthening or creation of a regional technical and administrative infrastructure which ensures that the required surveys are carried out and that the data are forwarded to the Istituto Centrale di Statistica (ISTAT).
(1) OJ No C 212, 20.8.1980, p. 5. (2) OJ No C 327, 15.12.1980, p. 101. (3) OJ No L 94, 28.4.1970, p. 13. (4) OJ No L 367, 31.12.1980, p. 87.
The Italian Government shall ensure that, once the restructuring is completed, the organization of the system of statistical surveys referred to in Article 1 guarantees the completion of the surveys required or likely to be required at Community level and that these surveys fulfil the requirements of Community law as regards the field and purpose of the surveys, and the reliability and time limits prescribed, without obtaining any further financial aid from the Community, other than the contribution provided for in this Decision, except in cases where Community contributions are also laid down for the other Member States.
1. The organization of the system of surveys referred to in Article 1 shall begin in 1981 and be followed as soon as possible by the introduction of a programme of surveys on the structure of agricultural holdings. The timetable for the organization of the new system and the introduction of the programme of surveys shall be as follows: (a) 1982 : sample surveys to be held in two or three regions. This will provide an opportunity to test the methods used by the technical staff employed by the "Assessorati dell'Agricoltura e delle Foreste" and trained for this purpose;
(b) 1983 : new questionnaires and sample survey methods will be tested in two or three regions in order to make it possible to draw up a series of options on the basis of the results of the survey on the structure of agricultural holdings;
(c) 1984 : the experimental surveys will be extended to other regions;
(d) 1985 : first experimental application at national level of the new system of surveys with the new organization;
(e) 1986/87 : introduction of the new system throughout the territory of the Italian Republic (1986). In particular, in 1987, with the Commission's assistance, it will be possible to determine which, if any, definitive methodological improvements are required.
2. The Italian Government shall be entitled to submit amendments to the programme referred to in paragraph 1. The Commission shall decide whether such amendments shall be admitted, in accordance with the procedure laid down in Article 6, after consultation of the Standing Committee on Agricultural Statistics.
1. From 1981 to 1986, the Italian Government shall submit an annual programme of measures to implement the programme defined in Article 1. This programme shall contain information on: (a) all the surveys to be carried out in the following year, specifying the field of observation, the sampling plan, the questionnaires to be used and the anticipated statistical errors;
(b) experience gained from the implementation of the previous annual programme, including progress made in the institution of the new survey system at regional level in each production sector, the statistical errors recorded and measures taken to increase the reliability of results.
2. These annual programmes shall be forwarded to the Commission by the Italian Government before the end of June of the preceding year for appropriate examination.
However, the first programme shall be forwarded at the latest three months after this Decision enters into force.
3. At the request of the Commission, the Italian Government shall provide further information on the programme submitted in accordance with paragraph 1.
The Commission shall decide whether to approve the annual programmes in accordance with the procedure laid down in Article 6, after consulting the Standing Committee on Agricultural Statistics.
1. The Community's total share in the programme referred to in Article 1 is estimated at a maximum of 15 million ECU.
2. This contribution shall be made available to the Italian Government in six yearly instalments after submission and approval of the annual programme of implementation referred to in Article 4 and subject to the preceding annual programme having been carried out.
3. The annual distribution of the total amount referred to in paragraph 1 shall depend on the progress made in the implementation of the programme.
1. Where the procedure laid down in this Article is to be followed, the matter shall be referred to the Standing Committee on Agricultural Statistics by its chairman, either on his own initiative or at the request of the representative of a Member State.
2. The Commission representative shall submit to the Committee a draft of the measures to be taken. The Standing Committee on Agricultural Statistics shall give its opinion on these measures within a time limit which may be set by the chairman in accordance with the urgency of the matters submitted for discussion. It shall act by a majority of 45 votes, the votes of the Member States being weighted as laid down in Article 148 (2) of the Treaty. The chairman shall not vote.
3. The Commission shall adopt the measures, which shall be immediately applicable. However, if they are not in accordance with the opinion of the Standing Committee on Agricultural Statistics, the Commission shall submit them to the Council without delay ; if this is done, the Commission may delay the application of the proposed measures by not more than one month after the date of submission.
The Council may take a different decision within a period of one month, acting by a qualified majority.
This Decision shall take effect on the day following its adoption.
This Decision is addressed to the Italian Republic.
| 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
32002R0423
|
Commission Regulation (EC) No 423/2002 of 7 March 2002 fixing the maximum export refund for white sugar for the 30th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1430/2001
|
Commission Regulation (EC) No 423/2002
of 7 March 2002
fixing the maximum export refund for white sugar for the 30th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1430/2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), and in particular Article 27(5) thereof,
Whereas:
(1) Commission Regulation (EC) No 1430/2001 of 13 July 2001 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar(2) for the 2001/2002 marketing year, requires partial invitations to tender to be issued for the export of this sugar.
(2) Pursuant to Article 9(1) of Regulation (EC) No 1430/2001 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 30th 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 30th partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1430/2001 the maximum amount of the export refund is fixed at 43,336 EUR/100 kg.
This Regulation shall enter into force on 8 March 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 |
31985R0237
|
Commission Regulation (EEC) No 237/85 of 30 January 1985 amending Regulation (EEC) No 2167/83 laying down detailed rules for the supply of milk and certain milk products to schoolchildren
|
COMMISSION REGULATION (EEC) No 237/85
of 30 January 1985
amending Regulation (EEC) No 2167/83 laying down detailed rules for the supply of milk and certain milk products to schoolchildren
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1557/84 (2), and in particular Article 26 (4) thereof,
Whereas Commission Regulation (EEC) No 2167/83 (3) established the list of products qualifying for Community aid; whereas experience has shown that it is appropriate, within the context of measures to protect the health of young children that, subject to certain conditions, the Member States should be able to permit the addition of fluoride to whole or semi-skimmed flavoured milk and yoghurts intended for schoolchildren;
Whereas Article 7 (4) of Regulation (EEC) No 2167/83 lays down that payment of the aid shall be made by the competent authorities within 60 days from the date on which the application was lodged; whereas experience has shown that in certain Member States this period is inadequate; whereas, subject to certain conditions, provision should be made for enabling these Member States to grant an advance after the lodging of a security; whereas, moreover, the time limit laid down for the lodging of applications for aid should be made more flexible;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
Regulation (EEC) No 2167/83 is hereby amended as follows:
1. The following paragraph 3 is added to Article 2:
'3. Member States may authorize the addition of a maximum of 5 mg of fluoride per kilogram of product in the case of products falling within category I (c) and (e) and category II (b) and (d) of the Annex.'
2. The first sentence of Article 7 (3) is replaced by the following:
'Except in cases of force majeure, applications for aid must be submitted not later than the last day of the fourth month following the month or school term in which the product was supplied.'
3. Article 7 (4) is replaced by the following:
'4. Payment of the aid shall be made by the competent authorities within three months from the date on which the application referred to in paragraph 3 was lodged, except in cases of force majeure or where administrative enquiries concerning entitlement to the aid have been initiated.
However, the competent authorities of the Member States shall be authorized to pay an advance within the period referred to in the first subparagraph. This advance shall be paid only after a security for the same amount guaranteeing the due execution of the operation has been lodged. In such cases the final payment shall be made within a period of six months from the date on which the application is lodged.'
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 |
31994D0115
|
94/115/ECSC, EC, Euratom: Council Decision of 7 February 1994 appointing members of the Court of Auditors
|
COUNCIL DECISION of 7 February 1994 appointing members of the Court of Auditors (94/115/ECSC, EC, Euratom)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 45b (3) thereof,
Having regard to the Treaty establishing the European Community, and in particular Article 188b (3) thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 160b (3) thereof,
Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Article 22 thereof,
Having regard to the opinion of the European Parliament (1),
Whereas the terms of office of Mr Roger Camus, Mr Ole Warberg, Mr Giorgio Clemente, Mr Carlos Manuel Botelheiro-Moreno, Mr Richie Ryan and Mr Josep Subirats Pinana expired on 17 October 1993;
Whereas further appointments should be made swiftly,
Mr Patrick Everard, Mr Ole Warberg, Mr Giorgio Clemente, Mr Armindo de Jesus De Sousa Ribeiro, Mr Barry Desmond and Mr Antoni Castells Oliveres are hereby appointed members of the Court of Auditors for the period from 10 February 1994 up to and including 9 February 2000.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32010D0754
|
2010/754/CFSP: Political and Security Committee Decision EUPM/1/2010 of 30 November 2010 concerning the extension of the mandate of the Head of Mission of the European Union Police Mission in Bosnia and Herzegovina
|
7.12.2010 EN Official Journal of the European Union L 320/9
POLITICAL AND SECURITY COMMITTEE DECISION EUPM/1/2010
of 30 November 2010
concerning the extension of the mandate of the Head of Mission of the European Union Police Mission in Bosnia and Herzegovina
(2010/754/CFSP)
THE POLITICAL AND SECURITY COMMITTEE
,
Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
Having regard to Council Decision 2009/906/CFSP of 8 December 2009 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) (1), and in particular Article 10(1) thereof,
Whereas:
(1) Under Article 10(1) of Decision 2009/906/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with the third paragraph of Article 38 of the Treaty, to take the relevant decisions for the purposes of political control and strategic direction of the European Union Police Mission in Bosnia and Herzegovina (EUPM BiH), including, in particular, the decision to appoint a Head of Mission.
(2) On 15 December 2009, upon a proposal of the Secretary-General/High Representative, the PSC, by its Decision EUPM/1/2009 (2), extended the mandate of Mr Stefan FELLER as Head of Mission of EUPM BiH until 31 December 2010.
(3) On 15 November 2010, the High Representative of the Union for Foreign Affairs and Security Policy proposed to the PSC to extend the mandate of Mr Stefan FELLER as Head of Mission of EUPM BiH for an additional year, until 31 December 2011,
The mandate of Mr Stefan FELLER as Head of Mission of the European Union Police Mission in Bosnia and Herzegovina is hereby extended until 31 December 2011.
This Decision shall enter into force on the date of its adoption.
It shall apply until 31 December 2011.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32010R0245
|
Commission Regulation (EU) No 245/2010 of 23 March 2010 derogating from Regulation (EC) No 288/2009 as regards the deadline for Member States to notify their strategies to the Commission and the deadline for the Commission to decide on the final allocation of the aid in the framework of a School Fruit Scheme
|
24.3.2010 EN Official Journal of the European Union L 77/50
COMMISSION REGULATION (EU) No 245/2010
of 23 March 2010
derogating from Regulation (EC) No 288/2009 as regards the deadline for Member States to notify their strategies to the Commission and the deadline for the Commission to decide on the final allocation of the aid in the framework of a School Fruit Scheme
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 103h(f) in conjunction with Article 4 thereof,
Whereas:
(1) In accordance with Article 4(1) of Commission Regulation (EC) No 288/2009 of 7 April 2009 laying down detailed rules for applying Council Regulation (EC) No 1234/2007 as regards Community aid for supplying fruit and vegetables, processed fruit and vegetables and banana products to children in educational establishments, in the framework of a School Fruit Scheme (2), Member States applying for the aid referred to in the first paragraph of Article 103ga of Regulation (EC) No 1234/2007 for a period running from 1 August to 31 July should notify their strategy to the Commission by 31 January of the year in which that period starts.
(2) A number of Member States have faced difficulties in meeting that deadline, amongst others because they need to assess the effectiveness of their scheme following its first year of implementation.
(3) In order to give Member States additional time to evaluate their scheme and, where necessary, to modify their strategy, they should be allowed, as a transitional measure, to notify their strategy for the period running from 1 August 2010 to 31 July 2011 until 28 February 2010.
(4) Similarly, the deadline for the Commission to decide on the final allocation of the aid for the period running from 1 August 2010 to 31 July 2011 laid down in the third subparagraph of Article 4(4) of Regulation (EC) No 288/2009 should be extended until 30 April 2010.
(5) 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. By way of derogation from Article 4(1) of Regulation (EC) No 288/2009, Member States may notify their strategy for the period running from 1 August 2010 to 31 July 2011 by 28 February 2010 at the latest.
2. By way of derogation from the third subparagraph of Article 4(4) of Regulation (EC) No 288/2009, the Commission shall decide on the final allocation of the aid for the period running from 1 August 2010 to 31 July 2011 by 30 April 2010.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply as from 1 February 2010.
It shall expire on 30 April 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 |
31996D0672
|
96/672/EC: Commission Decision of 22 November 1996 concerning the validity of certain binding tariff information (Only the German text is authentic)
|
COMMISSION DECISION of 22 November 1996 concerning the validity of certain binding tariff information (Only the German text is authentic) (96/672/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), and in particular Articles 12 (5) (c) and 249 (4) thereof,
Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Regulation (EEC) No 2913/92 establishing the Community Customs Code (2), as last amended by Regulation (EC) No 2153/96 (3), and in particular Article 9 thereof,
Whereas the binding tariff information referred to in the Annex to this Decision is inconsistent with other binding tariff information, and the tariff classification it contains is incompatible with the general rules for the interpretation of the combined nomenclature set out in Section I A of Part I of Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (4), as last amended by Commission Regulation (EC) No 1734/96 (5);
Whereas the said binding tariff information should cease to be valid; whereas, therefore, the customs administrations which issued the information should revoke it as soon as possible and notify the Commission to that effect;
Whereas under Article 14 (1) of Regulation (EEC) No 2454/93 the holder may make use for a given period of time of the possibility of invoking such binding tariff information which has ceased to be valid;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Tariff and Statistical Nomenclature Section of the Customs Code Committee,
The binding tariff information referred to by number in column 1 of the table set out in the Annex, issued by the customs authorities named in column 2 in respect of the tariff classification shown in column 3, must be revoked as soon as possible but not later than the 21st day following that of the publication of this Decision in the Official Journal of the European Communities.
This Decision is addressed to the Federal Republic of Germany.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
31987D0041
|
87/41/EEC: Commission Decision of 18 December 1986 on supplementary trade mechanism licences for milk and milk products requested during the period 1 to 10 December 1986
|
COMMISSION DECISION
of 18 December 1986
on supplementary trade mechanism licences for milk and milk products requested during the period 1 to 10 December 1986
(87/41/EEC)
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 Commission Regulation (EEC) No 574/86 of 28 February 1986 laying down detailed rules for the application of the supplementary trade mechanism (STM) (1), as amended by Regulation (EEC) No 1162/86 (2), and in particular Article 6 (4) thereof,
Having regard to Commission Regulation (EEC) No 606/86 of 28 February 1986 laying down detailed rules for applying the supplementary trade mechanism to milk products imported into Spain from the Community of Ten (3), as last amended by Regulation (EEC) No 2740/86 (4), and in particular Article 3 (2) thereof,
Whereas, pursuant to Article 6 (3) of Regulation (EEC) No 574/86, the Commission has been notified of the applications for STM licences for milk and milk products for the period 1 to 10 December 1986; whereas the necessary provisions regarding the acceptance of the said applications should be adopted;
Whereas, Article 2 (3) of Regulation (EEC) No 606/86 gives a breakdown of cheese by quantity and category for the allocation of STM licences; whereas, as regards categories 1, 5 and 9, the quantities available for 1986 were used up by November owing, on the one hand, to the quantities imported into Spain in January and February 1986 and, on the other hand, to the implementation of the STM system itself for cheese from March 1986 on; whereas, therefore, applications for STM licences for categories 1, 5 and 9 in respect of December 1986 should not be accepted,
Applications for STM licences requested during the period 1 to 10 December 1986 and notified to the Commission shall be accepted for the tonnages applied for, adjusted by the coefficient set out below in the case of the following products and the categories referred to in Article 2 (3) of Regulation (EEC) No 606/86:
1.2.3 // // // // CCT heading No // Description // Coefficient // // // // ex 04.01 // Milk and cream, fresh, not concentrated or sweetened: // // // - in immediate packings of a net capacity of 3 litres or less // 1,00 // // - other // 1,00 // 04.03 // Butter // 0,03078 // ex 04.04 // Cheese: // // // Category 2. Roquefort // 0,00729 // // Category 3. Blue-veined cheese // 0,00205 // // Category 4. Processed cheese // 0,00124 // // Category 6. Havarti, fat content 60 % // 0,00562 // // Category 7. Edam in balls, Gouda // 0,00163 // // Category 8. Soft ripened cow's milk cheeses // 0,00083 // // Category 10. Other // 0,00231 4. 9. 1986, p. 21.
No applications for STM certificates for products falling within heading No ex 04.04 of the Common Customs Tariff and within the following categories referred to in Article 2 (3) of Regulation (EEC) No 606/86:
1. Emmentaler, Gruyère,
5. Parmigiano Reggiano, Grana Padano,
9. Cheddar, Chester,
shall be accepted.
This Decision is addressed to the Member States.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 |
32009R0930
|
Commission Regulation (EC) No 930/2009 of 6 October 2009 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/2010 marketing year
|
7.10.2009 EN Official Journal of the European Union L 263/3
COMMISSION REGULATION (EC) No 930/2009
of 6 October 2009
amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/2010 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 2009/2010 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EC) No 928/2009 (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 877/2009 for the 2009/2010, marketing year, are hereby amended as set out in the Annex hereto.
This Regulation shall enter into force on 7 October 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 |
31991D0419
|
91/419/ECSC: Commission Decision of 28 March 1990 approving aid from France to the coal industry (Only the French text is authentic)
|
COMMISSION DECISION of 28 March 1990 approving aid from France to the coal industry (Only the French text is authentic) (91/419/ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Coal and Steel Community,
Having regard to Commission Decision No 2064/86/ECSC of 30 June 1986 establishing Community rules for State aid to the coal industry (1),
Whereas:
I
In its letter of 15 December 1989 the French Government informed the Commission, pursuant to Article 9 (2) of Decision No 2064/86/ECSC, of a financial measure it intends to take to give direct support to current production in the coal industry in 1990.
The following aid is submitted for the approval of the Commission pursuant to the abovementioned Decision:
- FF 1 149 000 000 to cover operating losses pursuant to Article 3 of the Decision.
According to the notification from the French Government, the purpose of the aid is to contribute towards solving social and regional problems and thereby facilitate the restructuring of the coal industry in France.
The measure which the French Government intends to take to support the coal industry complies with Article 1 (1) of the abovementioned Decision. Consequently, pursuant to Article 10 of the Decision, the Commission must determine whether the measures are compatible with the objectives and criteria laid down in the Decision and with the proper functioning of the common market.
II
The rationalizing and restructuring plan implemented in the French coal industry, necessitated by the long-term unprofitability of a number of pits, has brought about a 32 % reduction in coal production since 1986 and a marked improvement in productivity and production costs. This plan will lead to concentrate production in Lorraine in the mines which are most likely to be profitable and gradually to close down pits in Nord/Pas-de-Calais by end 1991 and subsequently the underground mines in Centre-Midi.
Over the last few years the amount of aid granted to the French coal industry has been reduced appreciably. The aid covered by this Decision is almost 70 % down on 1986.
III
Aid to cover operating losses allows the coal industry restructuring programme to continue and helps to improve the industry's competitiveness in the long term.
The proposed aid will cover only 41 % of the cost of each tonne produced, the difference between forseeable average costs and foreseeable average returns, and thereby meets the criteria set out in Article 3 (1) of the Decision.
Since the measure is on a declining scale and contributes to the restructuring of the industry, it satisfies the objectives and conditions laid down in Article 2 of the Decision.
In the light of the foregoing, the aid which the French Government plans to grant to the French coal industry, pursuant to Article 3 of Decision No 2064/86/ECSC, for current production in 1990 is compatible with the proper functioning of the common market.
This Decision applies without prejudice to the compatibility with the Treaties of arrangements or agreements governing sales of coal mined in France to electricity producers.
IV
Pursuant to Article 11 (2) of the Decision, the Commission must ensure that the direct aid to current production which it approves is used exclusively for the purposes set out in Articles 3 to 6 thereof. The Commission must therefore be informed of the amounts of the payments,
The French Government is hereby authorized to grant to the coal industry for 1990 aid totalling FF 1 149 000 000 to cover operating losses.
The French Government shall inform the Commission by 30 June 1991 of the amounts actually paid in the 1990 financial year.
This Decision is addressed to the French Republic.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 |
32012R0522
|
Commission Implementing Regulation (EU) No 522/2012 of 19 June 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables
|
20.6.2012 EN Official Journal of the European Union L 159/31
COMMISSION IMPLEMENTING REGULATION (EU) No 522/2012
of 19 June 2012
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:
(1) 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.
(2) The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
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 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31984D0014
|
84/14/EEC: Commission Decision of 22 December 1983 amending Council Decision 82/730/EEC as regards the list of establishments in Austria approved for the purposes of importing fresh meat into the Community
|
COMMISSION DECISION
of 22 December 1983
amending Council Decision 82/730/EEC as regards the list of establishments in Austria approved for the purposes of importing fresh meat into the Community
(84/14/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (1), as last amended by Directive 83/91/EEC (2), and in particular Articles 4 (1), 16 and 18 (1) (a) and (b) thereof,
Whereas a list of establishments in Austria, approved for the purpose of importing fresh meat into the Community, was drawn up initially by Council Decision 82/730/EEC (3), as amended by Commission Decision 83/427/EEC (4);
Whereas a routine inspection under Article 5 of Directive 72/462/EEC and Article 3 (1) of Commission Decision 83/196/EEC of 8 April 1983 concerning on-the-spot inspections to be carried out in respect of the importation of bovine animals and swine and fresh meat from non-member countries (5) has revealed that the level of hygiene of certain establishments has altered since the last inspection; whereas, consequently, it is advisable to enter or maintain certain of those establishments on the said list and to confirm the limitation of Community approval for other establishments;
Whereas the list of establishments should therefore be amended;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
The Annex to Decision 82/730/EEC is hereby replaced by the Annex hereto.
However:
(a) fresh meat from the establishment authorized to appear until 31 December 1983 on the annexed list may be introduced into the territory of the Community until 15 January 1984;
(b) the health certificate accompanying fresh meat sent from the establishment referred to at point (a) as from 1 January 1984 must bear the reference 'fresh meat obtained before 1 January 1984';
(c) fresh meat from the establishment authorized to appear until 31 March 1984 on the annexed list may be introduced into the territory of the Community until 15 April 1984;
(d) the health certificate accompanying fresh meat sent from the establishment referred to at point (c) as from 1 April 1984 must bear the reference 'fresh meat obtained before 1 April 1984'.
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 |
32002D0098
|
2002/98/EC: Commission Decision of 28 January 2002 providing for the temporary marketing of seed of a species not satisfying the requirements of Council Directive 69/208/EEC (Text with EEA relevance) (notified under document number C(2002) 165)
|
Commission Decision
of 28 January 2002
providing for the temporary marketing of seed of a species not satisfying the requirements of Council Directive 69/208/EEC
(notified under document number C(2002) 165)
(Text with EEA relevance)
(2002/98/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants(1), as last amended by Directive 98/96/EC(2), and in particular Article 16 thereof,
Having regard to the notifications regarding supply difficulties of seed submitted by France,
Whereas:
(1) In France the quantity of available seed of flax which satisfies the requirements of Directive 69/208/EEC is insufficient in relation to the germination capacity and is therefore not adequate to meet this country's needs.
(2) It is not possible to meet this demand satisfactorily with seed from other Member States or from third countries satisfying all the requirements laid down in the Directive.
(3) The Member States should therefore permit, for a period expiring on 30 June 2002, the marketing of seed subject to less stringent requirements.
(4) Moreover, France should act as coordinator in order to ensure that the total amount covered by the permit does not exceed the maximum quantity covered by this Decision.
(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
The Member States shall permit, for a period expiring on 30 June 2002, on the terms set out in the Annex hereto, the marketing throughout the Community of seed of flax which does not satisfy the requirements laid down in Directive 69/208/EEC with regard to the minimum germination capacity, provided that the following requirements are satisfied:
(a) the seed was first placed on the market by a person authorised to do so in accordance with Article 2 below;
(b) the germination capacity is at least 88 %.
Any seed supplier wishing to take advantage of a derogation to place seeds on the market in accordance with Article 1 shall apply to the Member State in which it is established.
The Member State concerned shall authorise the supplier to place that seed on the market, unless:
(a) it has well founded doubts that the supplier will be able to place on the market the amount of seed for which it has sought authorisation; or
(b) the total quantity authorised to be marketed pursuant to the derogation concerned would then exceed the maximum quantity specified in the Annex to this Decision.
For the purpose of the application of Article 1, the Member States shall assist each other administratively.
France (which has notified the supply difficulties of seed) shall act as a coordinator of the authorisations to be granted under Article 2, in order to ensure that the total amount does not exceed the maximum quantities as specified in the Annex.
Any Member State receiving an application under Article 2 shall immediately notify the coordinating country of the amount covered by the application. The coordinating Member State shall immediately inform the notifying Member State as to whether authorisation of the application would result in the maximum quantity being exceeded.
Member States shall immediately notify the Commission and the other Member States of the quantities of seed labelled and authorised to be marketed throughout the Community pursuant to this Decision.
This Decision is addressed to the Member States.
| 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0.333333 | 0 |
31990D0281
|
90/281/EEC: Commission Decision of 20 December 1989 on the establishment of the Community support framework for Community structural assistance in the areas eligible under Objective 2 in the Upper Normandy region (France) (Only the French text is authentic)
|
COMMISSION DECISION
of 20 December 1989
on the establishment of the Community support framework for Community structural assistance in the areas eligible under Objective 2 in the Upper Normandy region (France)
(Only the French text is authentic)
(90/281/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (1), and in particular Article 9 (9) thereof,
Whereas, in accordance with Article 9 (9) of Regulation (EEC) No 2052/88, the Commission, on the basis of the regional and social conversion plans submitted by the Member States, shall establish, through partnership and in agreement with the Member State concerned, the Community support frameworks for Community structural operations;
Whereas, in accordance with the second subparagraph of that provision, Community support frameworks shall cover in particular the priorities, the forms of assistance, the indicative financing plan, with details of the amount of assistance and its source, and the duration of the assistance;
Whereas Title III, Articles 8 et seq. of Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (2) sets out the conditions for the preparation and implementation of Community support frameworks;
Whereas the French Government submitted to the Commission on 8 May 1989, pursuant to Article 9 (8) of Regulation (EEC) No 2052/88, the regional and social conversion plan for the areas in the Upper Normandy region which, as decided by Commission Decision 89/288/EEC (3) in accordance with the procedure referred to in Article 9 (3) of the said Regulation, are eligible under Objective 2;
Whereas the plan submitted by the Member State includes a description of the priorities selected and an indication of the use to be made of assistance from the European Regional Development Fund (ERDF) and the European Social Fund (ESF) in implementing the plan;
Whereas this Community support framework has been established in agreement with the Member State concerned through the partnership defined in Article 4 of Regulation (EEC) No 2052/88;
Whereas the EIB has also been involved in the preparation of the Community support framework in accordance with Article 8 of Regulation (EEC) No 4253/88; whereas it has declared its readiness to help implement the framework in accordance with the provisions of its Statute;
Whereas the Commission is prepared to examine the possibility of the other Community lending instruments contributing to the financing of this framework in accordance with the specific provisions governing them;
Whereas this Decision is consistent with the opinion of the Advisory Committee on the Development and Conversion of Regions and of the European Social Fund Committee;
Whereas, in accordance with Article 10 (2) of Regulation (EEC) No 4253/88, this Decision is to be sent as a declaration of intent to the Member State;
Whereas, in accordance with Article 20 (1) and (2) of Regulation (EEC) No 4253/88, the budgetary commitments relating to the contribution from the Structural Funds to the financing of the operations covered by the Community support framework will be made on the basis of subsequent Commission decisions approving the operations concerned,
The Community support framework for Community structural assistance in the areas eligible under Objective 2 in the Upper Normandy region (France), covering the period 1 January 1989 to 31 December 1991, is hereby approved.
The Commission declares that it intends to contribute to the implementation of this Community support framework in accordance with the detailed provisions thereof and in compliance with the rules and guidelines of the Structural Funds and the other financial instruments.
The Community support framework shall include the following essential information:
(a) a statement of the priorities for joint action:
- priority 1: encouraging the creation and expansion of businesses,
- priority 2: improving the attractiveness of the areas concerned,
- priority 3: exploiting tourist potential;
(b) an outline of the forms of assistance to be provided, in the form of operational programmes;
(c) an indicative financing plan specifying, at constant 1989 prices, the total cost of the priorities adopted for joint action by the Community and the Member State concerned, that is ECU 137,18 million for the whole period, and the financial arrangements envisaged for budgetary assistance from the Community, broken down as follows:
(in million ecus)
1.2 // // // ERDF // 24 // ESF // 6 // // // Total for Structural Funds // 30 // //
The resultant national financing requirement, that is approximately ECU 37,16 million for the public sector and ECU 70,02 million for the private sector, may be partially covered by Community loans from the European Investment Bank and the other lending instruments.
This declaration of intent is addressed to the French Republic.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
31984R2538
|
Commission Regulation (EEC) No 2538/84 of 3 September 1984 amending Regulation (EEC) No 2213/76 on the sale of skimmed-milk powder from public storage
|
COMMISSION REGULATION (EEC) No 2538/84
of 3 September 1984
amending Regulation (EEC) No 2213/76 on the sale of skimmed-milk powder from public storage
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1557/84 (2), and in particular Article 7 (5) thereof,
Whereas Commission Regulation (EEC) No 2213/76 (3), as last amended by Regulation (EEC) No 1922/84 (4), limited the quantity of skimmed-milk powder put up for sale by the Member States intervention agencies to that taken into storage before 1 August 1983;
Whereas, having regard to the market situation, that date should be replaced by 1 January 1984;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
In Article 1 of Regulation (EEC) No 2213/76, '1 August 1983' is hereby replaced by '1 January 1984'.
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 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32002R0589
|
Commission Regulation (EC) No 589/2002 of 4 April 2002 fixing the export refunds on white sugar and raw sugar exported in its unaltered state
|
Commission Regulation (EC) No 589/2002
of 4 April 2002
fixing the export refunds on white sugar and raw sugar exported in its unaltered state
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), and in particular the second subparagraph of Article 27(5) thereof,
Whereas:
(1) Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(a) of that Regulation and prices for those products within the Community may be covered by an export refund.
(2) Regulation (EC) No 1260/2001 provides that when refunds on white and raw sugar, undenatured and exported in its unaltered state, are being fixed account must be taken of the situation on the Community and world markets in sugar and in particular of the price and cost factors set out in Article 28 of that Regulation. The same Article provides that the economic aspect of the proposed exports should also be taken into account.
(3) The refund on raw sugar must be fixed in respect of the standard quality. The latter is defined in Annex I, point II, to Regulation (EC) No 1260/2001. Furthermore, this refund should be fixed in accordance with Article 28(4) of Regulation (EC) No 1260/2001. Candy sugar is defined in Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector(2). The refund thus calculated for sugar containing added flavouring or colouring matter must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content.
(4) The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for sugar according to destination.
(5) In special cases, the amount of the refund may be fixed by other legal instruments.
(6) The refund must be fixed every two weeks. It may be altered in the intervening period.
(7) It follows from applying the rules set out above to the present situation on the market in sugar and in particular to quotations or prices for sugar within the Community and on the world market that the refund should be as set out in the Annex hereto.
(8) Regulation (EC) No 1260/2001 does not make provision to continue the compensation system for storage costs from 1 July 2001. This should accordingly be taken into account when fixing the refunds granted when the export occurs after 30 September 2001.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, are hereby fixed to the amounts shown in the Annex hereto.
This Regulation shall enter into force on 5 April 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
31984R0505
|
Council Regulation (EEC) No 505/84 of 27 February 1984 imposing for 1984 quantitative restrictions on imports into France of certain categories of wood
|
COUNCIL REGULATION (EEC) No 505/84
of 27 February 1984
imposing for 1984 quantitative restrictions on imports into France of certain categories of wood
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 Council Regulation (EEC) No 169/83 (1) introduced, for 1983 and by way of derogation from Regulations (EEC) No 288/82 (2) and (EEC) No 1765/82 (3), regional protective measures in respect of imports, into France of certain coniferous sawn wood originating in non-member countries and falling within subheading ex 44.05 C of the Common Customs Tariff (NIMEXE code 44.05-40), in order to alleviate the consequences of the natural disaster of 6, 7 and 8 November 1982, which caused serious damage to French forests, and more specifically in order to enable the domestic market to absorb the surplus timber from storm-damaged trees;
Whereas, by virtue of the protective measures introduced by Regulation (EEC) No 169/83, a quota of 1 750 000 m3 was imposed in 1983 for imports from third countries into France of the types of wood concerned;
Whereas on 17 November 1983 the French Government requested the extension to 1984 of the quantitative restrictions established for 1983 on imports of the product concerned and on 7 December 1983, at the request of the Commission, supplied certain supplementary information;
Whereas, according to the French Government, the initial estimate of damage on which Regulation (EEC) No 169/83 was based had to be revised; whereas, according to new estimates, the amount of wind-fallen wood resulting from the storm was 10 000 000 m3, of which 90 % was resinous, whilst the initial estimate made in December 1982 was 11 000 000 m3 with 80 % resinous; whereas the proportion of unpeeled wood for timber (for supplying the sawmills) was, in fact, 55 %, that is to say, approximately 5 000 000 m3, whilst the initial estimate was 30 %; whereas the sawn timber resulting from the processing of the unpeeled wood amounts to 2 500 000 m3, of which 1 950 000 m3 have still to find an outlet;
Whereas these facts show that the protective measures, in spite of the efforts made to dispose of stocks and of the search for new outlets, have not been sufficient for the satisfactory disposal in the space of a single year of the surplus sawn timber on the market, while at the same time there has been a continuing recession of several years in the construction and public works sectors;
Whereas in these circumstances the problems of the sector concerned would be worsened by the certain drop in prices which would take place if, in the absence of protective measures, there were to be free imports in 1984, thereby adding to the already existing surplus on a stagnant market;
Whereas France has therefore decided to extend the emergency programme of producer aid introduced immediately after the storm; whereas this programme is nevertheless insufficient to solve all aspects of the problem and in particular to ensure the disposal of the surplus of sawn wood of fir and spruce on the market;
Whereas quantitative restrictions should therefore be imposed for 1984, at the same time taking into account, as in 1983, the need to maintain in so far as possible traditional trade patterns;
Whereas to this end and having taken into account how far the 1983 quota has already been used, the 1984 quota should be set at the same level of 1 750 000 m3;
Whereas those amounts of the wood concerned imported into France prior to the entry into force of this Regulation and not covered by import licences issued under the 1983 quota shall be counted against the 1984 quota,
By way of derogation from Regulations (EEC) No 288/82 and (EEC) No 1765/82, imports into France of the products listed hereafter originating in and coming from third countries shall be subject in 1984 to a quota of 1 750 000 m3:
1.2.3 // // // // CCT heading No // NIMEXE code // Description // // // // ex 44.05 C // 44.05-40 // Other coniferous wood sawn lengthwise, sliced or peeled, but not further prepared, of a thickness exceeding 5 mm // // //
Those amounts of the type of wood referred to in Article 1 which are imported into France after 31 December 1983 but before this Regulation comes into force and which are not covered by an import licence issued under the 1983 quota shall be deducted from the 1984 quota.
France shall duly inform the Commission, and at the latest by 10 July 1984, of the extent, during the first six months of 1984, of the disposal of the surplus sawn wood which resulted from the November 1982 storm. Furthermore, France shall supply figures for the same period on imports, production, sales and prices for the wood in question.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply until 31 December 1984.
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 |
32003R0311
|
Commission Regulation (EC) No 311/2003 of 18 February 2003 determining the world market price for unginned cotton
|
Commission Regulation (EC) No 311/2003
of 18 February 2003
determining the world market price for unginned cotton
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Protocol 4 on cotton, annexed to the Act of Accession of Greece, as last amended by Council Regulation (EC) No 1050/2001(1),
Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton(2), and in particular Article 4 thereof,
Whereas:
(1) In accordance with Article 4 of Regulation (EC) No 1051/2001, a world market price for unginned cotton is to be determined periodically from the price for ginned cotton recorded on the world market and by reference to the historical relationship between the price recorded for ginned cotton and that calculated for unginned cotton. That historical relationship has been established in Article 2(2) of Commission Regulation (EC) No 1591/2001 of 2 August 2001(3), as amended by Regulation (EC) No 1486/2002(4). Where the world market price cannot be determined in this way, it is to be based on the most recent price determined.
(2) In accordance with Article 5 of Regulation (EC) No 1051/2001, the world market price for unginned cotton is to be determined in respect of a product of specific characteristics and by reference to the most favourable offers and quotations on the world market among those considered representative of the real market trend. To that end, an average is to be calculated of offers and quotations recorded on one or more European exchanges for a product delivered cif to a port in the Community and coming from the various supplier countries considered the most representative in terms of international trade. However, there is provision for adjusting the criteria for determining the world market price for ginned cotton to reflect differences justified by the quality of the product delivered and the offers and quotations concerned. Those adjustments are specified in Article 3(2) of Regulation (EC) No 1591/2001.
(3) The application of the above criteria gives the world market price for unginned cotton determined hereinafter,
The world price for unginned cotton as referred to in Article 4 of Regulation (EC) No 1051/2001 is hereby determined as equalling EUR 27,776/100 kg.
This Regulation shall enter into force on 19 February 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 |
32012D0033
|
Council Decision 2012/33/CFSP of 23 January 2012 appointing the European Union Special Representative for the Middle East peace process
|
24.1.2012 EN Official Journal of the European Union L 19/17
COUNCIL DECISION 2012/33/CFSP
of 23 January 2012
appointing the European Union Special Representative for the Middle East peace process
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on European Union and, in particular, Articles 28, 31(2) and 33 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) On 21 July 2003, the Council adopted Joint Action 2003/537/CFSP (1) appointing Mr Marc OTTE as the European Union Special Representative (‘EUSR’) for the Middle East peace process.
(2) Mr Andreas REINICKE should be appointed as EUSR for the Middle East peace process from 1 February 2012 to 30 June 2013.
(3) The EUSR will implement his mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action set out in Article 21 of the Treaty,
European Union Special Representative
Mr Andreas REINICKE is appointed as the European Union Special Representative (‘EUSR’) for the Middle East peace process (‘peace process’) from 1 February 2012 until 30 June 2013. The mandate of the EUSR may be terminated earlier, if the Council so decides, upon a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (‘HR’).
Policy objectives
1. The mandate of the EUSR shall be based on the Union’s policy objectives regarding the peace process.
2. These objectives include, inter alia:
(a) a comprehensive peace that should be achieved on the basis of the relevant United Nations (‘UN’) Security Council Resolutions, the Madrid principles, the Roadmap, the agreements previously reached by the parties and the Arab Peace Initiative;
(b) a two-State solution with Israel and a democratic, contiguous, viable, peaceful and sovereign Palestinian State living side by side within secure and recognised borders enjoying normal relations with their neighbours in accordance with UN Security Council Resolutions 242 (1967), 338 (1973), 1397 (2002) and 1402 (2002) and the Madrid principles;
(c) a solution to the Israeli-Syrian and Israeli-Lebanese conflicts;
(d) a solution to resolve the status of Jerusalem as the future capital of two states and a just, viable and agreed solution to the problem of Palestinian refugees;
(e) following-up of the peace process towards a final status agreement and the creation of a Palestinian state including strengthening the role of the Middle East Quartet (‘the Quartet’) as guardian of the Roadmap, particularly in view of the monitoring of the implementation of the obligations which both parties have under the Roadmap and in line with all international efforts to bring about a comprehensive Arab-Israeli peace.
3. These objectives are based on the Union’s commitment to work with the parties and with partners in the international community, especially within the framework of the Quartet, to pursue every opportunity for peace and for a decent future for all people in the region.
4. The EUSR shall support the work of the HR in the region, including within the framework of the Quartet.
Mandate
In order to achieve the policy objectives, the mandate of the EUSR shall be to:
(a) provide an active and efficient Union contribution to actions and initiatives leading to a final settlement of the Israeli-Palestinian conflict and of the Israeli-Syrian and Israeli-Lebanese conflicts;
(b) facilitate and maintain close contact with all the parties to the peace process, other countries of the region, members of the Quartet and other relevant countries, as well as the UN and other relevant international organisations, in order to work with them in strengthening the peace process;
(c) ensure continued presence of the Union in relevant international forums and contribute to crisis management and prevention;
(d) observe and support peace negotiations between the parties and put forward Union proposals, on its behalf, in the context of those negotiations;
(e) contribute, where requested, to the implementation of international agreements reached between the parties and engage with them diplomatically in the event of non-compliance with the terms of those agreements;
(f) pay particular attention to factors affecting the regional dimension of the peace process;
(g) engage constructively with signatories to agreements within the framework of the peace process in order to promote compliance with the basic norms of democracy, including respect for human rights and the rule of law;
(h) make proposals for Union intervention in the peace process and on the best way of pursuing Union initiatives and ongoing peace process-related Union efforts, such as the Union’s contribution to Palestinian reforms and including the political aspects of relevant Union development projects;
(i) monitor actions by both sides on the implementation of the Roadmap and on issues that might prejudice the outcome of the permanent status negotiations to enable the Quartet to better assess the parties’ compliance;
(j) as Envoy to the Quartet, report on progress and evolution in the negotiations and contribute to the preparation of Quartet Envoys meetings on the basis of Union positions and through coordination with other Quartet members;
(k) contribute to the implementation of the Union’s human rights policy, including the Union Guidelines on human rights, in particular the EU Guidelines on Children and Armed Conflict as well as on violence against women and girls and combating all forms of discrimination against them, and Union policy regarding UN Security Council Resolution 1325 (2000) on Women, Peace and Security, including by monitoring and reporting on developments as well as formulating recommendations in this regard;
(l) contribute to a better understanding of the role of the Union among opinion leaders in the region.
Implementation of the mandate
1. The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR. In order to fulfil his mandate and specific responsibilities in the field the EUSR shall be fully dedicated to the Mission.
2. The Political and Security Committee (‘PSC’) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
3. The EUSR shall work in close coordination with the European External Action Service (‘EEAS’).
4. Particularly in the course of his missions, the EUSR shall work closely with the EU Representative Office in Jerusalem, the Union Delegation in Tel Aviv as well as with all other relevant Union delegations in the region.
Financing
1. The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 February 2012 to 30 June 2013 shall be EUR 1 300 000.
2. The expenditure financed by the amount stipulated in paragraph 1 shall be eligible as from 1 February 2012. The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
3. The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
Constitution and composition of the team
1. Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall promptly and regularly inform the Council and the Commission of the composition of his team.
2. Member States, institutions of the Union and the EEAS may propose the secondment of personnel to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the Union institutions or the EEAS may also be posted to work with the EUSR. Internationally contracted personnel shall have the nationality of a Member State.
3. All seconded personnel shall remain under the administrative authority of the sending Member State, the Union institution or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.
Privileges and immunities of the EUSR and his personnel
The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host party or parties, as appropriate. Member States and the Commission shall grant all necessary support to such effect.
Security of EU classified information
The EUSR and the members of his team shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (2).
Access to information and logistical support
1. Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
2. Union delegations and/or Member States, as appropriate, shall provide logistical support in the region.
0
Security
In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with his mandate and the security situation in his geographical area of responsibility, for the security of all personnel under his direct authority, notably by:
(a) establishing a mission-specific security plan based on guidance from the EEAS, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and including a mission contingency and evacuation plan;
(b) ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;
(c) ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the EEAS;
(d) ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.
1
Reporting
The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report, as necessary, to Council working parties. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR shall provide the Foreign Affairs Council with reports.
2
Coordination
1. The EUSR shall promote overall Union political coordination. He shall help to ensure that all Union instruments in the field are engaged coherently to attain the Union’s policy objectives. The activities of the EUSR shall be coordinated with those of the Commission as well as those of other EUSRs active in the region, including the EUSR for the Southern Mediterranean Region, as appropriate. The EUSR shall provide Member States’ missions and Union delegations with regular briefings.
2. In the field, close liaison shall be maintained with the Heads of the Union delegations and Member States’ Heads of Mission. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR, in close coordination with the Head of the Union Delegation in Tel Aviv, shall provide the Heads of the European Union Police Mission in the Palestinian Territories (EUPOL COPPS) and of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) with local political guidance. The EUSR and the Civilian Operation Commander shall consult each other as required. The EUSR shall also liaise with other international and regional actors in the field.
3
Review
The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the HR, the Council and the Commission with a progress report before the end of November 2012 and with a comprehensive mandate implementation report at the end of the mandate.
4
Entry into force
This Decision shall enter into force on the day of its adoption.
| 0 | 0 | 0.125 | 0 | 0.125 | 0 | 0 | 0 | 0.125 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0.375 | 0 |
32002R0073
|
Commission Regulation (EC) No 73/2002 of 16 January 2002 fixing the import duties in the rice sector
|
Commission Regulation (EC) No 73/2002
of 16 January 2002
fixing the import duties in the rice sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Regulation (EC) No 1987/2001(2),
Having regard to Commission Regulation (EC) No 1503/96 of 29 July 1996 laying down detailed rules for the application of Council Regulation (EC) No 3072/95 as regards import duties in the rice sector(3), as last amended by Regulation (EC) No 2831/98(4), and in particular Article 4(1) thereof,
Whereas:
(1) Article 11 of Regulation (EC) No 3072/95 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by a certain percentage according to whether it is husked or milled rice, minus the cif import price provided that duty does not exceed the rate of the Common Customs Tariff duties.
(2) Pursuant to Article 12(3) of Regulation (EC) No 3072/95, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market or on the Community import market for the product.
(3) Regulation (EC) No 1503/96 lays down detailed rules for the application of Regulation (EC) No 3072/95 as regards import duties in the rice sector.
(4) The import duties are applicable until new duties are fixed and enter into force. They also remain in force in cases where no quotation is available from the source referred to in Article 5 of Regulation (EC) No 1503/96 during the two weeks preceding the next periodical fixing.
(5) In order to allow the import duty system to function normally, the market rates recorded during a reference period should be used for calculating the duties.
(6) Application of Regulation (EC) No 1503/96 results in import duties being fixed as set out in the Annexes to this Regulation,
The import duties in the rice sector referred to in Article 11(1) and (2) of Regulation (EC) No 3072/95 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II.
This Regulation shall enter into force on 17 January 2002.
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 |
32013R0640
|
Commission Implementing Regulation (EU) No 640/2013 of 3 July 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables
|
4.7.2013 EN Official Journal of the European Union L 185/1
COMMISSION IMPLEMENTING REGULATION (EU) No 640/2013
of 3 July 2013
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:
(1) 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.
(2) The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
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 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32002D0562
|
2002/562/EC: Commission Decision of 19 March 2001 approving the Single Programming Document for Community structural assistance under Objective 2 in areas of the Tyrol in Austria (notified under document number C(2001) 526)
|
Commission Decision
of 19 March 2001
approving the Single Programming Document for Community structural assistance under Objective 2 in areas of the Tyrol in Austria
(notified under document number C(2001) 526)
(Only the German text is authentic)
(2002/562/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1), and in particular Article 15(5) thereof,
After consulting the Committee on the Development and Conversion of Regions,
Whereas:
(1) Articles 13 et seq. of Title II of Regulation (EC) No 1260/1999 lay down the procedure for preparing and implementing Single Programming Documents.
(2) Article 15(1) and (2) of Regulation (EC) No 1260/1999 provides that, after consultation with the partners referred to in Article 8 of the Regulation, the Member State may submit to the Commission a development plan which is treated as a draft Single Programming Document, and which contains the information referred to in Article 16 of the Regulation.
(3) Under Article 15(5) of Regulation (EC) No 1260/1999, on the basis of the regional development plan submitted by the Member State and within the partnership established in accordance with Article 8 of that Regulation, the Commission is to take a decision on the Single Programming Document, in agreement with the Member State concerned and in accordance with the procedures laid down in Articles 48 to 51.
(4) The Austrian Government submitted to the Commission on 26 April 2000 an acceptable draft Single Programming Document for the areas of the Tyrol fulfilling the conditions for Objective 2 pursuant to Article 4(1) of Regulation (EC) No 1260/1999 and the areas of the Tyrol qualifying for transitional support under Objective 5(b) pursuant to Article 6(2) of Regulation (EC) No 1260/1999. The draft contains the information listed in Article 16 of the Regulation, and in particular a description of the priorities selected and an indication of the financial contribution from the European Regional Development Fund (ERDF).
(5) The date of submission of the draft which was considered acceptable by the Commission constitutes the date from which expenditure under the plan is eligible. Under Article 52(4) of Regulation (EC) No 1260/1999, as an acceptable plan was submitted between 1 January and 30 April 2000, the date from which expenditure under the plan is eligible is 1 January 2000. Under Article 30 of the Regulation, it is necessary to lay down the final date for the eligibility of expenditure.
(6) The Single Programming Document has been drawn up in agreement with the Member State concerned and within the partnership.
(7) The Commission has satisfied itself that the Single Programming Document is in accordance with the principle of additionality.
(8) Under Article 10 of Regulation (EC) No 1260/1999, the Commission and the Member State are required to ensure, in a manner consistent with the principle of partnership, coordination between assistance from the Funds and from the EIB and other existing financial instruments.
(9) The financial contribution from the Community available over the entire period and its year-by-year breakdown are expressed in euro. The annual breakdown should be consistent with the relevant financial perspective. Under Article 7(7) of Regulation (EC) No 1260/1999, the Community contribution has already been indexed at a rate of 2 % per year. Under Article 7(7) and Article 44(2) of the Regulation, the Community contribution may be reviewed at mid-term, and not later than 31 March 2004, to take account of the effective level of inflation and the allocation of the performance reserve.
(10) Provision must be made for adapting the financial allocations of the priorities of this Single Programming Document within certain limits to actual requirements reflected by the pattern of implementation on the ground, in agreement with the Member State concerned,
The Single Programming Document for Community structural assistance under Objective 2 to the eligible areas of the Tyrol in Austria and to the areas qualifying for transitional support under Objective 5(b) for the period 1 January 2000 to 31 December 2006 is hereby approved.
1. In accordance with Article 19 of Regulation (EC) No 1260/1999, the Single Programming Document includes the following elements:
(a) the strategy and priorities for the joint action of the Structural Funds and the Member State; their specific quantified targets; the ex ante evaluation of the expected impact, including on the environmental situation, and the consistency of the priorities with the economic, social and regional policies and the employment strategy of Austria.
The priorities are as follows:
1. promoting businesses, making locations attractive, new technologies;
2. tourism, leisure and quality of life;
3. innovative approaches to solving regional problems and local environmental issues;
4. technical assistance;
(b) a summary description of the measures planned to implement the priorities, including the information needed to check compliance with the State aid rules under Article 87 of the Treaty;
(c) the indicative financing plan specifying for each priority and each year the financial allocation envisaged for the contribution from each Fund, including, for information, the total amount from the EAGGF Guarantee Section and indicating separately the funding planned for the regions receiving transitional support in respect of Objective 5(b) and the total amounts of eligible public or equivalent expenditure and estimated private funding in the Member State. The total contribution from the Funds planned for each year for the Single Programming Document is consistent with the relevant financial perspective;
(d) the provisions for implementing the Single Programming Document including designation of the managing authority, a description of the arrangements for managing the Single Programming Document and the use to be made of global grants, a description of the systems for monitoring and evaluation, including the role of the Monitoring Committee and the arrangements for the participation of the partners in that Committee;
(e) the ex ante verification of compliance with additionality and information on the transparency of financial flows;
(f) information on the resources required for preparing, monitoring and evaluating the assistance.
2. The indicative financing plan puts the total cost of the priorities selected for the joint action by the Community and the Member State at EUR 220447000 for the whole period and the financial contribution from the Structural Funds at EUR 44689000.
The resulting requirement for national resources of EUR 33431000 from the public sector and EUR 142327000 from the private sector can be partly met by Community loans from the European Investment Bank and other lending instruments.
1. The total assistance from the Structural Funds granted under the Single Programming Document amounts to EUR 44689000. The procedure for granting the financial assistance, including the financial contribution from the Funds for the various priorities included in the Single Programming Document, is set out in the financing plan annexed to this Decision. Of that amount, EUR 7396000 will be suspended until the Commission adopts the decision to carry over those appropriations pursuant to the first indent of Article 7(2)(a) of the Financial Regulation. To the extent to which the amount whose payment is suspended corresponds to budgetary appropriations which will be available as a result of the carryover decision, the suspension will be lifted when that decision comes into force.
2. All Community assistance available, EUR 44689000, will be provided by the ERDF.
3. During implementation of the financing plan, the total cost or Community financing of a given priority may be adjusted in agreement with the Member State by up to 25 % of the total Community contribution to the Single Programming Document throughout the programme period, or by up to EUR 30 million, without altering the total Community contribution referred to in paragraph 1.
This Decision is without prejudice to the Commission's position on aid schemes falling within Article 87(1) of the Treaty that are included in this assistance and which it has not yet approved. Submission of the application for assistance, the programme complement or a request for payment by the Member State does not replace the notification required by Article 88(3) of the Treaty.
Community financing of State aid falling within Article 87(1) of the Treaty, granted under aid schemes or in individual cases, requires prior approval by the Commission under Article 88(3) of the Treaty, except where the aid falls under the de minimis rule or is exempted under an exemption regulation adopted by the Commission under Council Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 92 and 93 to certain categories of horizontal aid(2). In the absence of such exemption or approval, aid is illegal and subject to the consequences set out in the procedural regulation for State aid, and its part-financing would be treated as an irregularity within the meaning of Articles 38 and 39 of Regulation (EC) No 1260/1999.
Consequently, the Commission will not accept requests for interim and final payments under Article 32 of the Regulation for measures being part-financed with new or altered aid, as defined in the procedural regulation for State aid, granted under aid schemes or in individual cases, until such aid has been notified to and formally approved by the Commission.
The date from which expenditure shall be eligible is 1 January 2000. The closing date for the eligibility of expenditure shall be 31 December 2008. This date is extended to 30 April 2009 for expenditure incurred by bodies granting assistance under Article 9(l) of Regulation (EC) No 1260/1999.
This Decision is addressed to the Republic of Austria.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 |
31985D0376
|
85/376/EEC: Council Decision of 25 July 1985 concerning the conclusion of the Cooperation Agreement between the European Economic Community and the Kingdom of Norway on a research and development programme in the field of metals and mineral substances
|
COUNCIL DECISION
of 25 July 1985
concerning the conclusion of the Cooperation Agreement between the European Economic Community and the Kingdom of Norway on a research and development programme in the field of metals and mineral substances
(85/376/EEC)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the draft Decision submitted by the Commission,
Whereas, by its Decision 82/402/EEC (1), the Council adopted a research and development programme (1982 to 1985) in the raw material sector, including a sub-programme on metals and mineral substances;
Whereas Article 7 of the said Decision lays down that the Community may conclude agreements with third States involved in European cooperation in the field of scientific and technical research (COST) with a view to associating them wholly or partly with this programme;
Whereas the same Article authorizes the Commission to negotiate the agreements; whereas the Commission has thus negotiated an Agreement with the Kingdom of Norway in order to associate that State with the sub-programme on metals and mineral substances;
Whereas this Agreement should be approved,
The Cooperation Agreement between the European Economic Community and the Kingdom of Norway on a research and development programme in the field of metals and mineral substances is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
The President of the Council shall give the notification provided for in Article 9 of the Agreement (2).
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32010R0615
|
Commission Regulation (EU) No 615/2010 of 13 July 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables
|
14.7.2010 EN Official Journal of the European Union L 179/4
COMMISSION REGULATION (EU) No 615/2010
of 13 July 2010
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
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 14 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 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32001D0537
|
2001/537/EC: Commission Decision of 13 July 2001 amending Decision 93/402/EEC concerning animal health conditions and veterinary certification for imports of fresh meat from South American countries to take account of the animal health situation in Uruguay (notified under document number C(2001) 1892)
|
Commission Decision
of 13 July 2001
amending Decision 93/402/EEC concerning animal health conditions and veterinary certification for imports of fresh meat from South American countries to take account of the animal health situation in Uruguay
(notified under document number C(2001) 1892)
(2001/537/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries(1), as last amended by Directive 97/79/EC(2), and in particular Articles 14 and 22 thereof,
Whereas:
(1) The animal health conditions and veterinary certification for imports of fresh meat from Argentina, Brazil, Chile, Colombia, Paraguay and Uruguay are laid down by Commission Decision 93/402/EEC(3), as last amended by Decision 2001/410/EC(4).
(2) Imports of fresh meat must take into account the different epidemiological situations in the countries concerned, and indeed in the different parts of their territories.
(3) The competent veterinary authorities of the concerned countries must confirm that their countries or regions have for at least 12 months been free from foot-and-mouth disease and rinderpest. Furthermore, the competent veterinary authorities of the concerned countries must undertake to notify the Commission and the Member States within 24 hours, by fax, telex or telegram, of the confirmation of the occurrence of any of the abovementioned diseases, or of any alteration in the vaccination policy against them.
(4) On 23 April 2001 the competent veterinary authorities of Uruguay confirmed outbreaks of foot-and-mouth disease in the department of Soriano. However, further outbreaks of disease were reported in other regions and emergency vaccination of all bovines was introduced.
(5) The competent veterinary authorities of Uruguay suspended certification of freshmeat from susceptible species to the European Community on 23 April 2001.
(6) Commission Decision 2001/388/EC(5) confirmed this suspension until 30 days after completion of the emergency foot-and-mouth disease vaccination programme in Uruguay.
(7) The competent veterinary authorities of Uruguay have confirmed that their vaccination programme was completed on 7 June 2001 and the foot-and-mouth situation appears to be under control.
(8) A Commission mission is foreseen for the end of June 2001.
(9) Imports into the Community of offal for heat treatment and deboned fresh meat from Uruguay may be resumed.
(10) It is opportune to clarify and amend the headings in the annexes to the Decision.
(11) Decision 93/402/EEC must be amended accordingly.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
Annex II to Decision 93/402/EEC is replaced by the Annex to this Decision. It shall apply, in relation to Uruguay, to meat of animals of species susceptible to foot-and-mouth disease slaughtered after 16 July 2001.
This Decision is addressed to the Member States.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 |
31986D0323
|
86/323/EEC: Commission Decision of 23 June 1986 approving a modification to the programme for the beef and meat processing sector in Denmark pursuant to Council Regulation (EEC) No 355/77 (Only the Danish text is authentic)
|
COMMISSION DECISION
of 23 June 1986
approving a modification to the programme for the beef and meat processing sector in Denmark pursuant to Council Regulation (EEC) No 355/77
(Only the Danish text is authentic)
(86/323/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 355/77 of 15 February 1977 on common measures to improve the conditions under which agricultural and fishery products are processed and marketed (1), as last amended by Regulation (EEC) No 3827/85 (2), and in particular Article 5 thereof,
Whereas on 11 October 1985 the Danish Government forwarded a modification to the programme for the beef and meat processing sector in Denmark approved by Commission Decision 80/670/EEC (3);
Whereas this modification continues the objectives of the original programme involving the further expansion and further specialization in the meat processing sector and the modernization and rationalization of beef slaughtering capacity with the aim of improving the techniques of processing and marketing and hence the quantity and quality of the products processed and marketed; whereas it therefore constitutes a programme within the meaning of Article 2 of Regulation (EEC) No 355/77;
Whereas projects for the installation of cold stores and refrigerated warehouses may only be aided if these facilities are linked to processing or marketing facilities;
Whereas the modification contains sufficient of the details listed in Article 3 of Regulation (EEC) No 355/77 to show that the aims set out in Article 1 of that Regulation can be achieved in the beef and meat processing sector in Denmark; whereas the estimated time required for implementation of the modification does not exceed the period mentioned in Article 3 (1) (g) of the Regulation;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structures,
The modification to the programme for the beef and meat processing sector in Denmark forwarded by the Danish Government on 11 October 1985 is hereby approved insofar as it concerns the expansion and further specialization in the meat processing sector and the modernization and rationalization of slaughtering capacity is concerned subject to the reservation set out in the recitals above.
This Decision is addressed to the Kingdom of Denmark.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32005R0218
|
Commission Regulation (EC) No 218/2005 of 10 February 2005 opening and providing for the administration of an autonomous tariff quota for garlic from 1 January 2005
|
11.2.2005 EN Official Journal of the European Union L 39/5
COMMISSION REGULATION (EC) No 218/2005
of 10 February 2005
opening and providing for the administration of an autonomous tariff quota for garlic from 1 January 2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular the first paragraph of Article 41 thereof,
Whereas:
(1) Commission Regulation (EC) No 565/2002 (1) establishes the method for managing tariff quotas and introduces a system of certificates of origin for garlic imported from third countries.
(2) Commission Regulation (EC) No 228/2004 of 3 February 2004 laying down transitional measures applicable to Regulation (EC) No 565/2002 by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (2) adopts measures allowing importers from these countries to benefit from Regulation (EC) No 565/2002. The aim of the measures is to make a distinction between traditional importers and new importers in the new Member States, and to adapt the definition of the reference quantity so that these importers may benefit from the system.
(3) To ensure uninterrupted supplies to the enlarged Community market while taking account of the economic supply conditions in the new Member States prior to accession, a new autonomous and temporary import tariff quota should be opened for fresh or chilled garlic falling within CN code 0703 20 00. This new tariff quota is in addition to those opened by Commission Regulations (EC) No 1077/2004 (3) and (EC) No 1743/2004 (4).
(4) This new quota must be transitional and must not prejudge the outcome of the negotiations under way in the context of the World Trade Organisation (WTO) as a result of the accession of new members.
(5) The Management Committee for fresh Fruit and Vegetables has not delivered an opinion within the time limit set by its chairman,
1. An autonomous tariff quota of 4 400 tonnes, (bearing the serial number 09.4115), hereinafter the ‘autonomous quota’, shall be opened from 1 January 2005 for Community imports of fresh or chilled garlic falling within CN code 0703 20 00.
2. The ad valorem duty applicable to products imported under the autonomous quota shall be 9,6 %.
Regulations (EC) No 565/2002 and (EC) No 228/2004 shall apply to the management of the autonomous quota, subject to the provisions of this Regulation.
However, Articles 1, 5(5) and 6(1) of Regulation (EC) No 565/2002 shall not apply to the management of the autonomous quota.
Import licences issued under the autonomous quota, hereinafter ‘licences’, shall be valid until 30 June 2005.
Box 24 of licences shall show one of the entries listed in Annex I.
1. Importers may submit licence applications to the competent authorities of the Member States in the five working days following the date of entry into force of this Regulation.
Box 20 of licence applications shall show one of the entries listed in Annex II.
2. Licence applications submitted by a single importer may not relate to a quantity exceeding 10 % of the autonomous quota.
The autonomous quota shall be allocated as follows:
— 70 % to traditional importers,
— 30 % to new importers.
If the quantity allocated to one of the categories of importers is not used in full, the balance may be allocated to the other category.
1. Member States shall notify the Commission, on the seventh working day following the entry into force of this Regulation, of the quantities for which licence applications have been made.
2. Licences shall be issued on the twelfth working day following the entry into force of this Regulation, unless the Commission has taken special measures under paragraph 3.
3. If the Commission finds, on the basis of the information notified under paragraph 1, that licence applications exceed the quantities available for a category of importers under Article 5, it shall adopt, by means of a regulation, a single reduction percentage for the applications in question.
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 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32004R0480
|
Commission Regulation (EC) No 480/2004 of 15 March 2004 amending Regulation (EC) No 2182/2002 as regards a derogation for 2004 from both the deadline for the notification of the projected financing plans for measures financed by the Community Tobacco Fund and the deadline for the definitive allocation of resources from the Fund among Member States
|
Commission Regulation (EC) No 480/2004
of 15 March 2004
amending Regulation (EC) No 2182/2002 as regards a derogation for 2004 from both the deadline for the notification of the projected financing plans for measures financed by the Community Tobacco Fund and the deadline for the definitive allocation of resources from the Fund among Member States
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco(1), and in particular Article 14a thereof,
Whereas:
(1) Commission Regulation (EC) No 2182/2002 of 6 December 2002 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco Fund(2) specifies, in Article 17(3) and (4), the deadline for notifying to the Commission the projected financing plans for measures for which assistance has been requested and the deadline for the definitive allocation, among Member States, of resources from the Fund.
(2) To allow Member States sufficient time to draw up their projected financing plans for 2004 for measures to promote a switch of production, the deadline for 2004 for notification of the plans to the Commission and, consequently, that for the definitive allocation of resources among Member States, should be postponed on the same terms as in 2003.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Tobacco,
The following paragraph is added to Article 26 of Regulation (EC) No 2182/2002:"By way of derogation from Article 17(3), the 31 March 2004 deadline for the notification of projected plans for the financing of measures for which assistance has been requested under the buy-back programme for the 2003 harvest shall be postponed to 31 May 2004 and, consequently, by way of derogation from Article 17(4), the 31 May 2004 deadline shall be postponed to 30 June 2004."
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 |
32004D0191
|
2004/191/EC: Council Decision of 23 February 2004 setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals
|
Council Decision
of 23 February 2004
setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals
(2004/191/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 63(3) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas:
(1) The Tampere European Council on 15 and 16 October 1999 reaffirmed its resolve to create an area of freedom, security and justice. For that purpose, a common European policy on asylum and migration should aim both at fair treatment of third country nationals and better management of migration flows. These objectives were confirmed by the Laeken European Council on 14 and 15 December 2001 and the Seville European Council on 21 and 22 June 2002. The need to fight against illegal immigration, including taking appropriate measures to promote the return of illegal residents, was particularly emphasised.
(2) The application of Directive 2001/40/EC(1) may result in financial imbalances where expulsion decisions, despite the efforts made by the enforcing Member State, cannot be effected at the expense of the third country national concerned or of a third party. Appropriate criteria and practical arrangements for the bilateral compensation of Member States should therefore be adopted.
(3) This Decision should also constitute the basis for establishing the criteria and practical arrangements required for the implementation of the provisions of Article 24 of the Schengen Convention.
(4) Since the objective of the proposed action, namely financial burden-sharing for cooperation between Member States on expulsion of third-country nationals in the case of mutual recognition of expulsion decisions cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective.
(5) This Decision respects the fundamental rights and observes the principles reflected in particular in the Charter of Fundamental Rights of the European Union. In particular this Decision seeks to ensure full respect for human dignity in the event of expulsion and removal, as reflected in Articles 1, 18 and 19 of the Charter.
(6) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision, and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community to the extent that it applies to third-country nationals who do not fulfil or who no longer fulfil the conditions for a short stay applicable within the territory of a Member State by virtue of the provisions of the Schengen acquis, Denmark will, in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Decision whether it will implement it in its national law.
(7) As regards Iceland and Norway, this Decision constitutes a development of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis(2), to the extent that it applies to third-country nationals who do not fulfil or who no longer fulfil the conditions for a short stay applicable within the territory of a Member State by virtue of the provisions of the Schengen acquis, which fall within the area referred to in Article 1, point C, of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement(3).
(8) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on the European Union and to the Treaty establishing the European Community, the United Kingdom has notified its wish to take part in the adoption and application of this Decision. To the extent that this Decision also implements the provisions of Article 24 of the Schengen Convention, in accordance with Article 7 of Directive 2001/40/EC, it does not affect the United Kingdom.
(9) In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on the European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, Ireland is not taking part in the adoption and application of this Decision and is not bound by it or subject to its application.
(10) This Directive constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession,
This Decision sets out appropriate criteria and practical arrangements for the compensation of the financial imbalances which may result from the application of Directive 2001/40/EC where expulsion cannot be effected at the expense of the national(s) of the third country concerned.
1. The issuing Member State shall compensate the enforcing Member State for financial imbalances, which may result from the application of Directive 2001/40/EC where expulsion cannot be effected at the expense of the national(s) of the third country concerned.
The enforcing Member State shall provide the issuing Member State with general information about the indicative costs of the removal operations.
2. The reimbursement shall take place at the request of the enforcing Member State on the basis of the minimum actual costs and on the basis of the following principles:
(a) transport costs. These include the actual costs for flight tickets up to the amount of the official IATA tariff for the respective flight at the time of enforcement. The actual costs for land or maritime transport by car, train or boat can be claimed on the basis of a second class train or boat ticket for the respective distance at the time of enforcement;
(b) administrative costs. These include the actual costs for visa fees and the fees for the issuing of return travel documents (laissez-passer);
(c) mission allowances per diem for the escorts. These are to be determined in accordance with the applicable national legislation and/or practice;
(d) accommodation costs for the escorts. These include actual costs for these persons' stay in a transit area of a third country and for their strictly necessary short stay for the implementation of their mission in the country of origin. For the purpose of reimbursement, the number of escorts shall not exceed two persons per returnee, unless, on the basis of the assessment of the enforcing Member State and in agreement with the issuing Member State, more escorts are required;
(e) accommodation costs for the returnee. These include the actual costs for the returnee's stay in an appropriate facility in accordance with the applicable national legislation and/or practice of the enforcing Member State. A maximum period of three months of stay shall be reimbursed. Where the returnee's stay is expected to last longer than three months, the enforcing Member State and the issuing Member State shall agree to the additional costs;
(f) medical costs. These include the actual costs for the provision of medical treatment to the returnee and the escorts in emergency cases, including necessary hospitalisation expenses.
Where necessary, the enforcing Member State shall consult the issuing Member State and agree on costs exceeding those set out in this paragraph or on additional costs.
1. Reimbursement requests shall be made in writing and shall be accompanied by documentary proof of the recoverable costs.
2. Requests for reimbursement can only be made for expulsion decisions, which are issued after this Decision takes effect.
Reimbursement cannot be claimed for the enforcement of expulsion decisions, issued more than four years prior to their enforcement.
3. Requests for reimbursement submitted more than one year after the enforcement has taken place may be rejected.
4. Each Member State shall establish a national contact point for the implementation of this Decision and communicate the relevant data to the other Member States.
Any request for reimbursement shall be sent by the national contact point of the enforcing Member State to the national contact point of the issuing Member State, which shall inform the national contact point of the enforcing Member State of the receipt of the request.
5. Within a maximum of three months the national contact point of the issuing Member State shall communicate to the national contact point of the enforcing Member State the acceptance or the refusal of the request. Such a communication shall be in writing, stating the reasons in case of refusal.
6. Payments shall be made within a maximum of three months from the acceptance of the payment by the national contact point of the issuing Member State.
7. The national contact points of the enforcing Member State and of the issuing Member State shall be informed of payments and of refusals to reimburse.
1. In order to monitor the smooth implementation of this Decision as well as of the Directive 2001/40/EC, each national contact point shall regularly provide information concerning in particular: the total number of enforcement measures taken under Directive 2001/40/EC which were reimbursed in accordance to this Decision and the total number of refusals to reimburse together with the reasons for such refusals.
2. Such information may also include recommendations with a view to improving the criteria and practical arrangements of this Decision.
This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.
This Decision is addressed to the Member States.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.166667 | 0.166667 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0.166667 |
31996D0388
|
96/388/EC: Commission Decision of 17 June 1996 amending Decision 94/836/EC approving the Single Programming Document for Community structural measures for improving the processing and marketing conditions for agricultural products in the United Kingdom, except for the Objective No 1 regions of Merseyside, Highlands and Islands and Northern Ireland, in respect of Objective No 5 (a), covering the period between 1994 and 1999 (Only the English text is authentic)
|
COMMISSION DECISION of 17 June 1996 amending Decision 94/836/EC approving the Single Programming Document for Community structural measures for improving the processing and marketing conditions for agricultural products in the United Kingdom, except for the Objective No 1 regions of Merseyside, Highlands and Islands and Northern Ireland, in respect of Objective No 5 (a), covering the period between 1994 and 1999 (Only the English text is authentic) (96/388/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 866/90 of 29 March 1990 on improving the processing and marketing conditions for agricultural products (1), as last amended by the Act of Accession of Austria, Finland, and Sweden, and in particular Article 15 (1) thereof,
Whereas, by Decision No 94/836/EC (2), the Commission approved the Single Programming Document for Community structural measures for improving the processing and marketing conditions for agricultural products in the United Kingdom, except for the Objective No 1 regions of Merseyside, Highlands and Islands and Northern Ireland, in respect of Objective No 5 (a), covering the period between 1994 and 1999;
Whereas the processing and marketing grants under Regulation (EEC) No 866/90 in the United Kingdom are administered separately in England, in Scotland and Wales;
Whereas, in the light of economic conditions, on 15 December 1995, the United Kingdom submitted to the Commission a request to withdraw the application of the approved Single Programming Document from England after 31 March 1996 and to continue to apply it in Scotland and Wales until the end of 1999;
Whereas on 7 February 1996, the Monitoring Committee established under Regulation (EEC) No 866/90 discussed the amendment proposed by the United Kingdom;
Whereas the United Kingdom considers that the specific economic situation of the agriculture and related industries in Scotland and Wales justifies the continuation of the application of the processing and marketing grants under Regulation (EEC) No 866/90 until the end of 1999;
Whereas, on 27 February 1996, the United Kingdom presented to the Commission an updated Single Programming Document for Community structural measures for improving the processing and marketing conditions for agricultural products in the United Kingdom, except for the Objective No 1 regions of Merseyside, Highlands and Islands and Northern Ireland, in respect of Objective No 5 (a), covering the period between 1994 and 1999, adapted to the new conditions;
Whereas that document contains the plans designed to improve the structures relating to the various product sectors referred to in Article 2 (1) of Regulation (EEC) No 866/90 and the aid applications referred to in Article 10 (a) of that Regulation;
Whereas the updated Single Programming Document contains the information required by Articles 3 (1) and 6 of the Regulation (EEC) No 866/90;
Whereas the updated Single Programming Document meets the conditions of and contains the information required in Article 1 (3) of Regulation (EC) No 860/94 of 18 April 1994 on plans and applications, in the form of operational programmes, for aid from the Guidance Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) for investments for improving the processing and marketing conditions for agricultural and forestry products (3);
Whereas the Commission considers that the updated Single Programming Document continues to meet the requirements for Community co-financing set out in Regulation (EEC) No 866/90;
Whereas the utilization of the funds made available by this modification will be the subject of a separate Decision;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Committee on Agricultural Structures and Rural Development,
Commission Decision No 94/836/EC is amended as follows:
1. the following sentence shall be added at the end of Article 1:
'This measure shall not apply to any project for which application is made in England after 31 March 1996.`;
2. in Article 3:
(a) the financial amount in the first subparagraph shall be replaced by: 'ECU 51 183 000`;
(b) the financial plans mentioned in the second sub-paragraph shall be replaced by those in the Annex to this Decision (4).
3. the table in Article 4 shall be replaced by the following table:
>TABLE>
This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.
| 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 |
31997D0510
|
97/510/EC: Council Decision of 24 July 1997 authorizing Ireland to apply a measure derogating from Article 21 of the Sixth Directive (77/388/EEC) on the harmonization of the laws of the Member States relating to turnover taxes
|
COUNCIL DECISION of 24 July 1997 authorizing Ireland to apply a measure derogating from Article 21 of the Sixth Directive (77/388/EEC) on the harmonization of the laws of the Member States relating to turnover taxes (97/510/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to the Sixth Council Directive (77/388/EEC) of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment (1), and in particular Article 27 thereof,
Having regard to the proposal from the Commission,
Whereas, under the terms of Article 27 (1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorize any Member State to introduce special measures for derogation from the provisions of that Directive in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion or avoidance;
Whereas, by registered letter to the Commission dated 5 February 1997, Ireland requested authorization to introduce a measure derogating from Article 21 (1) of Directive 77/388/EEC;
Whereas, in accordance with Article 27 (3) of Directive 77/388/EEC, the other Member States were informed on 4 March 1997 of the request made by Ireland;
Whereas Ireland operates a specific system of applying VAT to property based, on the one hand, on the option under Article 5 (3) of Directive 77/388/EEC to treat the supply of certain interests (i.e. a lease of 10 years or more) in immovable property as a supply of goods and, on the other hand, on a derogation authorized under Article 27 (5) to treat the granting of such an interest by a lessor as a disposal of the lessor's entire interest in the property;
Whereas Community law gives Member States a great deal of discretion in determining the VAT treatment to be applied to immovable goods, and its transposition has led to considerable variations in the national laws applied in this field;
Whereas avoidance schemes have been set up, based on the use of surrender, including by way of abandonment of a leasehold interest or assignment of a leasehold interest, which result in the avoidance of the VAT where the ultimate acquirer of the property is not entitled to a full deduction of VAT;
Whereas it is also necessary to extend the derogation to the surrender or assignment of a leasehold interest to a taxable person having full right of deduction, as the surrender or the assignment of a leasehold interest will often arise due to financial difficulties of the lessee;
Whereas the measure envisaged is a derogation from Article 21 (1) (a) of Directive 77/388/EEC, whereby the person liable for the tax is the taxable person who carries out the taxable transaction;
Whereas the derogation provides that, where a surrender or assignment of a lease-hold interest is a taxable supply of goods, the person acquiring the interest is liable for the payment of the tax if that person is a taxable person or a non-taxable legal person;
Whereas this derogation should ensure a better functioning of the current VAT regime applied by Ireland on immovable goods;
Whereas, given the limited scope of the derogation, the special measure is proportionate to the aim pursued;
Whereas there exists a serious risk that use of the said VAT avoidance scheme will increase in the period between the request for a derogation and the authorization thereof; whereas at the latest since the publication on 26 March 1997 of the draft legislation which is the subject of the present request for a derogation, suppliers, lessors and lessees of property have no longer had a legitimate expectation of the continuation of the Irish legislation in force before that date; whereas it is therefore appropriate to authorize the derogation to take effect from 26 March 1997;
Whereas the Commission adopted on 10 July 1996 a work programme based on a step-by-step approach for progressing towards a new common system of VAT;
Whereas the tax treatment of immovable goods is an important issue to be reviewed in this programme;
Whereas the last package of proposals is to be put forward by mid-1999 and, in order to permit an evaluation of the coherence of the derogation with the global approach of the new common VAT system, the authorization is granted until 31 December 1999;
Whereas the derogation does not have a negative impact on the own resources of the European Communities accruing from VAT,
By way of derogation from Article 21 (1) (a) of Directive 77/388/EEC, Ireland is hereby authorized, from 26 March 1997 until 31 December 1999, to designate the person to whom the supply is made as the person liable to pay the tax where the two following conditions are met:
- a surrender or assignment of a leasehold interest is treated as a supply of goods made by a lessee,
- the person acquiring the leasehold interest is a taxable person or a non-taxable legal person.
This Decision is addressed to Ireland.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0.5 |
32001R0026
|
Commission Regulation (EC) No 26/2001 of 5 January 2001 laying down certain measures derogating from Regulation (EC) No 2561/2000 on private storage aid in the beef sector
|
Commission Regulation (EC) No 26/2001
of 5 January 2001
laying down certain measures derogating from Regulation (EC) No 2561/2000 on private storage aid in the beef sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), and in particular Article 48(2) thereof,
Whereas:
(1) Commission Regulation (EC) No 2561/2000 of 21 November 2000 laying down special provisions for the granting of private storage aid for cows(2) provides for contract applications to be introduced from 27 November 2000. These applications must be accompanied by a security referred to in Article 7(1) of Commission Regulation (EC) No 907/2000(3). Article 7(2) of the same Regulation defines the primary requirements for the said security. In accordance herewith, an operator cannot withdraw a contract application and must place and keep in storage at least 90 % of the contractual quantity.
(2) Article 2(1) of Commission Regulation (EC) No 2777/2000 of 18 December 2000 adopting exceptional support measures for the beef market(4) provides that meat from animals aged more than 30 months and slaughtered in the Community after 1 January 2001 can only be released for human consumption if tested negatively for BSE. These tests can only be carried out at the time of slaughter. The Council had on 4 December 2000 announced the intentions of the Commission to adopt the abovementioned measure and the information was subsequently widely spread. Operators who had applied for private storage contracts before that date could not know that the market conditions for release of beef for human consumption would change fundamentally before they were allowed to take the products out of private storage. Consequently, it is appropriate to provide that contracts applied for before 5 December 2000 may be cancelled without loss of the security and at the same time to release any stored quantities under the contracts.
(3) Operators should be allowed to make use of this Regulation as quickly as possible.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
Contracts concluded under Regulation (EC) No 2561/2000 on the basis of applications lodged before 5 December 2000 may be cancelled at the request of the contracting party.
By way of derogation from Article 7(2)(b) of Regulation (EC) No 907/2000, the securities and stored quantities related to the cancelled contracts shall be released immediately.
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall be applicable from 5 December 2000.
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 |
31983R3512
|
Commission Regulation (EEC) No 3512/83 of 13 December 1983 amending Regulation (EEC) No 2729/81 with regard to advance fixing of the refund on the sugar component of certain milk products
|
COMMISSION REGULATION (EEC) No 3512/83
of 13 December 1983
amending Regulation (EEC) No 2729/81 with regard to advance fixing of the refund on the sugar component of certain milk products
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1600/83 (2), and in particular Articles 13 (3) and 17 (4) thereof,
Whereas Article 8 of Regulation (EEC) No 2729/81 of 14 September 1981 laying down special rules implementing the system of import and export licences and the advance fixing of refunds in respect of milk and milk products (3), as last amended by Regulation (EEC) No 664/83 (4), states that applications for export licences with advance fixing of the refund in respect of any of the products referred to in Article 1 of Regulation (EEC) No 804/68 that are lodged on a Thursday shall be regarded as having been lodged on the first working day after the Thursday in question;
Whereas, in accordance with Article 13 of Regulation (EEC) No 2729/81, in the case of products falling within subheading 04.02 B of the Common Customs Tariff, the licence may, at the request of the applicant, be issued in respect of the sugar component only;
Whereas Thursday is not a determining day for adjustment of the refund level in the sugar sector and since this level is adjusted more frequently than in the milk sector, it should again be made possible to fix the refund on the sugar component of the products in question in advance on a Thursday;
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 subparagraph is hereby added to Article 8 (2) of Regulation (EEC) No 2729/81:
'However, in cases where, in accordance with Article 13, application for export licences relate only to advance fixing of the refund on the sugar component of a product falling within subheading 04.02 B of the Common Customs Tariff, the provisions of the first subparagraph covering applications lodged on Thursdays shall not apply.'
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 |
32014R1390
|
Commission Implementing Regulation (EU) No 1390/2014 of 19 December 2014 amending the Annex to Regulation (EU) No 37/2010, as regards the substance ‘eprinomectin’ Text with EEA relevance
|
24.12.2014 EN Official Journal of the European Union L 369/65
COMMISSION IMPLEMENTING REGULATION (EU) No 1390/2014
of 19 December 2014
amending the Annex to Regulation (EU) No 37/2010, as regards the substance ‘eprinomectin’
(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 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and the Council (1), and in particular Article 14 in conjunction with Article 17 thereof,
Having regard to the opinion of the European Medicines Agency formulated by the Committee for Medicinal Products for Veterinary Use,
Whereas:
(1) The maximum residue limit (‘MRL’) for pharmacologically active substances intended for use in the Union in veterinary medicinal products for food-producing animals or in biocidal products used in animal husbandry is to be established in accordance with Regulation (EC) No 470/2009.
(2) Pharmacologically active substances and their classification regarding MRLs in foodstuffs of animal origin are set out in the Annex to Commission Regulation (EU) No 37/2010 (2).
(3) Eprinomectin is currently included in Table 1 of the Annex to Regulation (EU) No 37/2010 as an allowed substance, for bovine, ovine and caprine species, applicable to muscle, fat, liver, kidney and milk. The provisional maximum residue limits for that substance set out for ovine and caprine species, applicable to muscle, fat, liver, kidney and milk expired on 1 July 2014.
(4) The Committee for Medicinal Products for Veterinary Use (CVMP) recommended an extension of the provisional MRL as the analytical method for monitoring residues in ovine and caprine species is not sufficiently validated. The incomplete scientific data on the validation of the analytical method is not considered to constitute a hazard to human health.
(5) In accordance with Article 5 of Regulation (EC) No 470/2009 the European Medicines Agency is to consider using MRLs established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or MRLs established for a pharmacologically active substance in one or more species for other species. The CVMP concluded that the extrapolation to other food producing species cannot be supported for this substance.
(6) The entry for eprinomectin in Table 1 of the Annex to Regulation (EU) No 37/2010 should therefore be amended to extend the provisional MRL to 30 June 2016.
(7) It is appropriate to provide for a reasonable period of time for the stakeholders concerned to take measures that may be required to comply with the newly set MRL.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Veterinary Medicinal Products,
The Annex to Regulation (EU) No 37/2010 is amended as set out in the Annex 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.
It shall apply from 22 February 2015.
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 |
31988D0395
|
88/395/EEC: Commission Decision of 15 June 1988 requiring Italy to rescind the further measures taken to protect itself against the introduction of harmful organisms associated with fresh cultivated mushrooms (Only the Italian text is authentic)
|
COMMISSION DECISION
of 15 June 1988
requiring Italy to rescind the further measures taken to protect itself against the introduction of harmful organisms associated with fresh cultivated mushrooms
(Only the Italian text is authentic)
(88/395/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants or plant products (1), as last amended by Commission Directive 88/272/EEC (2), and in particular Artice 15 (2) thereof,
Whereas, when a Member State considers that there is an imminent danger of the introduction or spread in its territory of harmful organisms, it may temporarily take any additional measures necessary to protect itself against the danger, provided that it immediately informs the other Member States and the Commission of the measures taken and indicates the reasons for them (Article 15 (1) of Directive 77/93/EEC);
Whereas Italy adopted on 22 May 1987 measures prohibiting the introduction into Italy of fresh cultivated mushrooms from 1 June to 31 December 1987 ('Decreto 22 maggio 1987: divieto di importazione di funghi coltivati freschi') (3);
Whereas Italy informed the other Member States and the Commission of these measures and the reasons for them at the meeting of the Standing Committee on Plant Health on 22 June 1987;
Whereas Commission Decision 87/393/EEC (4) required Italy to rescind the measures taken to protect itself against the introduction of harmful organisms associated with fresh cultivated mushrooms as the elements identified in the reasoning presented by the Italian authorities at that time were not such as to constitute an imminent danger within the meaning of Article 15 (1) of Directive 77/93/EEC;
Whereas Italy rescinded these measures on 28 October 1987 but adopted on the same day further legislation concerning phytosanitary measures in respect of the import into Italy of fresh cultivated mushrooms ('Decreto ministeriale 28 ottobre 1987: misure fitosanitarie per l'importazione di funghi coltivati freschi);
Whereas the further measures adopted require that fresh cultivated mushrooms may only be introduced into Italy on condition that:
- a laboratory analysis of the mushrooms has been undertaken in the country of origin to determine the absence of the nematodes Ditylenchus myceliophagus and Aphelenchoides composticola,
- the mushrooms are accompanied by a phytosanitary certificate issued by the country of origin,
- an 'additional declaration' has been made on that phytosanitary certificate indicating the absence of the abovementioned nematodes and noting the name of the laboratory which carried out the analysis;
Whereas the further measures adopted by Italy require the following procedures at the point of import:
- sampling for laboratory analysis of one-third of lots of fresh cultivated mushrooms by the Italian plant health authority during the plant health controls required for the issue of fresh cultivated mushroom import certificates,
- prohibition on marketing of lots sampled pending communication of the results of analysis to the importer and the Ministry of Agriculture and Forests;
Whereas the Italian authorities informed the Commission of the further measures taken, by telex of 5 November 1987, but did not notify the other Member States;
Whereas, however, the reason given by Italy for the further measures is that the nematode, Ditylenchus myceliophagus has been positively identified in samples taken from fresh cultivated mushrooms imported from one Member State;
Whereas fresh cultivated mushrooms are generally produced under closely controlled conditions using growing media which has been treated to standards necessary for effective production; whereas, therefore, any nematodes discovered in traces of growing media adhering to harvested fresh cultivated mushrooms should normally no longer be pathogenic;
Whereas, should there be live nematodes present in association with fresh cultivated mushrooms, these mushrooms are intended for marketing for direct human consumption and the presence of such nematodes would therefore, although detrimental to the quality of those mushrooms, not in itself present a risk to the cultivation of mushrooms in Italy;
Whereas scientific knowledge indicates that the nematodes Aphelenchoides composticola and Ditylenchus myceliophagus have been reported to be present in most mushroom-growing countries in temperate areas; whereas the ubiquity and commonness of the abovementioned nematodes is a consequence of their wide host range among soil funghi; whereas no information is available to indicate that the abovementioned nematodes are not present in Italy too;
Whereas, although the capacity of Aphelenchoides composticola and Ditylenchus myceliophagus to be potentially damaging to the cultivation of mushrooms and their ubiquity and commonness have been well known for many years, it was not considered appropriate to make specific provisions in relation to them in the Community plant health regime at the time of the adoption of Directive 77/93/EEC; whereas the inclusion of the abovementioned nematodes within the scope of the protective measures against the introduction into the Member States of organisms harmful to plants or plant products has also subsequently not been considered necessary;
Whereas it can therefore be established that the potential presence of the nematodes concerned in consignments of fresh cultivated mushrooms imported into Italy does not constitute an imminent danger within the meaning of Article 15 (1) of Directive 77/93/EEC;
Whereas Italy should therefore rescind immediately the further measures impeding imports of fresh cultivated mushrooms;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
Italy shall immediately rescind the 'Decreto ministeriale 28 ottobre 1987: misure fitosanitarie per l'importazione di funghi coltivati freschi'.
This Decision is addressed to the Italian Republic.
| 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32003R1150
|
Commission Regulation (EC) No 1150/2003 of 27 June 2003 fixing the maximum export refund on wholly milled round grain, medium grain and long grain A rice to be exported to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 1897/2002
|
Commission Regulation (EC) No 1150/2003
of 27 June 2003
fixing the maximum export refund on wholly milled round grain, medium grain and long grain A rice to be exported to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 1897/2002
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Commission Regulation (EC) No 411/2002(2), and in particular Article 13(3) thereof,
Whereas:
(1) An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 1897/2002(3).
(2) Article 5 of Commission Regulation (EEC) No 584/75(4), as last amended by Regulation (EC) No 1948/2002(5), allows the Commission to fix, in accordance with the procedure laid down in Article 22 of Regulation (EC) No 3072/95 and on the basis of the tenders submitted, a maximum export refund. In fixing this maximum, the criteria provided for in Article 13 of Regulation (EC) No 3072/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum export refund.
(3) The application of the abovementioned criteria to the current market situation for the rice in question results in the maximum export refund being fixed at the amount specified in Article 1.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
The maximum export refund on wholly milled grain, medium grain and long grain A rice to be exported to certain third countries pursuant to the invitation to tender issued in Regulation (EC) No 1897/2002 is hereby fixed on the basis of the tenders submitted from 23 to 26 June 2003 at 131,00 EUR/t.
This Regulation shall enter into force on 28 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 |
32009R0463
|
Commission Regulation (EC) No 463/2009 of 4 June 2009 fixing the maximum export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
|
5.6.2009 EN Official Journal of the European Union L 139/21
COMMISSION REGULATION (EC) No 463/2009
of 4 June 2009
fixing the maximum export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 164(2), in conjunction with Article 4, thereof,
Whereas:
(1) Commission Regulation (EC) No 619/2008 of 27 June 2008 opening a standing invitation to tender for export refunds concerning certain milk products (2) provides for a standing invitation to tender procedure.
(2) Pursuant to Article 6 of Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 2 June 2009.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
For the standing invitation to tender opened by Regulation (EC) No 619/2008, for the tendering period ending on 2 June 2009, the maximum amount of refund for the product and destinations referred to in Article 1(c) and in Article 2 of that Regulation shall be EUR 24,00/100 kg.
This Regulation shall enter into force on 5 June 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 |
32012R0871
|
Commission Implementing Regulation (EU) No 871/2012 of 24 September 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables
|
25.9.2012 EN Official Journal of the European Union L 257/13
COMMISSION IMPLEMENTING REGULATION (EU) No 871/2012
of 24 September 2012
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:
(1) 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.
(2) The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
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 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32009D0172
|
2009/172/EC: Council Decision of 21 January 2008 adapting Annex VIII to the Act of Accession of Bulgaria and Romania
|
10.3.2009 EN Official Journal of the European Union L 65/1
COUNCIL DECISION
of 21 January 2008
adapting Annex VIII to the Act of Accession of Bulgaria and Romania
(2009/172/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty of Accession of Bulgaria and Romania,
Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 34(4) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas:
(1) Article 70 of Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (1) establishes the rates of the Community financial contribution for each axis.
(2) Section IV of Annex VIII to the Act of Accession of Bulgaria and Romania, as amended by Council Decision 2006/664/EC of 19 June 2006 adapting Annex VIII to the Act of Accession of Bulgaria and Romania (2), establishes, by way of derogation from Article 70 of Regulation (EC) No 1698/2005, the rates per axis of the Community support granted in Bulgaria and Romania for rural development under the EAFRD. Such contribution may amount to 80 % for axis 1 and axis 3 as well as for technical assistance, and to 82 % for axis 2.
(3) The co-financing rates specified per axis cannot apply to the amounts that, as provided for in Section I, sub-section E, of Annex VIII to the Act of Accession of Bulgaria and Romania, may be granted to farmers eligible for complementary national direct payments or aids under Article 143c of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support under the common agricultural policy and establishing certain support schemes for farmers (3).
(4) The maximum financial contribution of the Community to complements to direct payments amounts needs to be specified also for the purpose of applying Commission Regulation (EC) No 1974/2006 of 15 December 2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (4), Annex II to which provides for an indicative financial breakdown by rural development axis and measure, including the measure ‘complements to direct payments’.
(5) With a view to maintain the results of the accession negotiations and the consistency of the co-financing rates system after technical adaptations has been done to the regulations concerning rural development, the maximum financial contribution of the Community to complements to direct payments amounts should be fixed at the same percentage as for axis 1 and 3 as well as for the technical assistance,
In Annex VIII to the Act of Accession of Bulgaria and Romania, Section IV shall be replaced by the following:
‘By way of derogation from Article 70(3)(a) of Regulation (EC) No 1698/2005, the financial contribution of the Community may amount to 80 % for axis 1 and 3, the technical assistance measure and the complements to direct payments.
By way of derogation from Article 70(3)(b) of Regulation (EC) No 1698/2005, the financial contribution of the Community may amount to 82 % for axis 2.’
This Decision shall take effect on the day following its publication in the Official Journal of the European Union.
| 0 | 0.5 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31980R3547
|
Council Regulation (EEC) No 3547/80 of 22 December 1980 concerning the conclusion of an Agreement in the form of an exchange of letters derogating further from Article 1 of Protocol 3 to the Agreement between the European Economic Community and the Portuguese Republic
|
COUNCIL REGULATION (EEC) No 3547/80 of 22 December 1980 concerning the conclusion of an Agreement in the form of an exchange of letters derogating further from Article 1 of Protocol 3 to the Agreement between the European Economic Community and the Portuguese Republic
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the recommendation from the Commission,
Whereas, by way of derogation from Article 1 of Protocol 3 to the Agreement between the European Economic Community and the Portuguese Republic [1], the methods of administrative cooperation laid down in that Protocol should be applied to the products included in List C annexed thereto and the Agreement in the form of an exchange of letters negotiated to this effect approved,
[1] OJ No L 301, 31.12.1972, p. 165.
The Agreement in the form of an exchange of letters derogating further from Article 1 of Protocol 3 to the Agreement between the European Economic Community and the Portuguese Republic is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Regulation.
The President of the Council is hereby authorized to appoint the person empowered to sign the Agreement for the purpose of binding the Community.
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 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31981R1618
|
Commission Regulation (EEC) No 1618/81 of 17 June 1981 fixing the basic products which do not qualify for advance payment of export refunds
|
COMMISSION REGULATION (EEC) No 1618/81 of 17 June 1981 fixing the basic products which do not qualify for advance payment of export refunds
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 1187/81 (2), and in particular Article 16 (6) thereof, and to the corresponding provisions of the other Regulations on the common organization of the market in agricultural products,
Having regard to Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products (3),
Whereas Article 4 (2) of Regulation (EEC) No 565/80 applies to processed products and goods obtained from basic products, provided that inward processing arrangements are not prohibited for comparable products ; whereas the list of these products referred to in Article 8 of Regulation (EEC) No 565/80 should be drawn up ; whereas inward processing is prohibited for certain products which are comparable with the basic products;
Whereas Council Regulation (EEC) No 1961/75 of 28 July 1975 on the prohibition of the use of inward processing arrangements in respect of skimmed-milk powder (4), and Council Regulation (EEC) No 3066/75 of 24 November 1975 on the prohibition of the use of inward processing arrangements in respect of butter (5), both as last amended by Regulation (EEC) No 1363/80 (6), expired on 31 March 1981 ; whereas the list of products which do not qualify for the system of advance payment for export refunds should be adapted ; whereas it is therefore necessary to repeal Commission Regulation (EEC) No 800/80 (7);
Whereas the measures provided for in this Regulation are in accordance with the opinion of all the relevant management committees,
The basic products which shall not qualify for the arrangements referred to in Article 4 of Regulation (EEC) No 565/80 are listed in the Annex.
However, these basic products shall be excluded only when they are intended for use in the processing of products mentioned: (a) in Annex A of Regulation (EEC) No 2727/75, excluding products falling within subheading 23.07 B of the Common Customs Tariff;
(b) in Article 1 (1) (c) of Regulation (EEC) No 1418/76 (8), as last amended by Regulation (EEC) No 113/80 (9).
Regulation (EEC) No 800/80 is hereby repealed.
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 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32013R1401
|
Commission Implementing Regulation (EU) No 1401/2013 of 18 December 2013 entering a name in the register of protected designations of origin and protected geographical indications [Yorkshire Wensleydale (PGI)]
|
21.12.2013 EN Official Journal of the European Union L 349/60
COMMISSION IMPLEMENTING REGULATION (EU) No 1401/2013
of 18 December 2013
entering a name in the register of protected designations of origin and protected geographical indications [Yorkshire Wensleydale (PGI)]
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, the United Kingdom’s application to register the name ‘Yorkshire Wensleydale’ 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 ‘Yorkshire Wensleydale’ should therefore be entered in the register,
The name contained in the Annex to this Regulation is hereby entered in the register.
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 |
32009D0488
|
2009/488/EC,Euratom: Commission Decision of 11 June 2009 on the conclusion of a Memorandum of Understanding between the European Commission and the European Organization for Nuclear Research (CERN) (Text with EEA relevance)
|
24.6.2009 EN Official Journal of the European Union L 161/13
COMMISSION DECISION
of 11 June 2009
on the conclusion of a Memorandum of Understanding between the European Commission and the European Organization for Nuclear Research (CERN)
(Text with EEA relevance)
(2009/488/EC, Euratom)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community,
Whereas:
(1) An Administrative Arrangement between the European Community and the European Organization for Nuclear Research (CERN) was signed on 10 October 1994.
(2) Exploratory discussions emphasised the appropriateness for the Commission to reinforce and upgrade cooperation with CERN in view of the recent developments with regard to the European Research Area (ERA).
(3) A new arrangement in the form of a Memorandum of Understanding has been accordingly drafted to cover issues such as reinforced cooperation through joint activities to consolidate and further develop ERA and implement and follow up the European Strategy for Particle Physics, as well as consultations and exchange of information on issues of mutual interest, in particular in relation to the consolidation and further development of the European Research Area and to the European Strategy for Particle Physics, including for the latter, related contacts with CERN non-Member States.
(4) A standing entitlement is granted to the Commission to attend the European Strategy Sessions of the CERN Council and take the floor at these sessions, while the observer status granted in 1985 to the European Communities at the CERN Council is maintained (1).
(5) No financial implications or legal obligations incur from the present Memorandum of Understanding,
The Memorandum of Understanding in annex between the European Commission and the European Organization for Nuclear Research (CERN) is approved. Accordingly, it will replace the Administrative Arrangement of 10 October 1994.
The Commissioner for Science and Research Janez Potočnik signs the Memorandum of Understanding between the European Commission and the European Organization for Nuclear Research on behalf of the Commission.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31994D0816
|
94/816/EC: Commission Decision of 14 December 1994 amending Decision 93/452/EEC authorizing the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC, in respect of plants of Chamaecyparis Spach, Juniperus L. and Pinus L., respectively, originating in Japan
|
COMMISSION DECISION of 14 December 1994 amending Decision 93/452/EEC authorizing the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC, in respect of plants of Chamaecyparis Spach, Juniperus L. and Pinus L., respectively, originating in Japan (94/816/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by Directive 94/13/EC (2), and in particular Article 14 (1) thereof,
Having regard to the request made by Belgium, Denmark, Germany, Greece, Spain, France, Italy, Luxembourg, the Netherlands, Portugal and the United Kingdom,
Whereas, under the provisions of Directive 77/93/EEC, plants of Chamaecyparis Spach, Juniperus L. and Pinus L., other than fruit and seeds, originating in non-European countries, may in principle not be introduced into the Community;
Whereas Commission Decision 93/452/EEC (3) permits derogations for plants of Chamaecyparis Spach., Juniperus L. and Pinus L. respectively, originating in Japan for a given period, provided that certain improved technical conditions are satisfied;
Whereas Decision 93/452/EEC stipulated that the authorization should apply until 31 December 1994 in the case of Pinus and Chamaecyparis plants, and until 31 March 1994 in the case of Juniperus plants;
Whereas there is no new information giving cause for revision of the technical conditions;
Whereas the circumstances justifying the authorization still obtain;
Whereas the authorization should therefore be extended for a further limited period;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
Decision 93/452/EEC is hereby amended as follows:
1. In Article 1 (2) (h), fourth indent, '93/452/EEC' is replaced by '94/816/EC';
2. In Article 3 '31 December 1994' is replaced by '31 December 1996';
3. In Article 3 the words 'period between 1 November 1993 and 31 March 1994' are replaced by 'periods between 1 December 1994 to 31 March 1995 and 1 November 1995 to 31 March 1996'.
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 |
32002L0064
|
Commission Directive 2002/64/EC of 15 July 2002 amending Council Directive 91/414/EEC to include cinidon-ethyl, cyhalofop butyl, famoxadone, florasulam, metalaxyl-M and picolinafen as active substances
|
Commission Directive 2002/64/EC
of 15 July 2002
amending Council Directive 91/414/EEC to include cinidon-ethyl, cyhalofop butyl, famoxadone, florasulam, metalaxyl-M and picolinafen as active substances
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant-protection products on the market(1), as last amended by Commission Directive 2002/48/EC(2), and in particular Article 6(1) thereof,
Whereas:
(1) In accordance with Article 6(2) of Directive 91/414/EEC, the United Kingdom received on 28 April 1997 an application from BASF for the inclusion of the active substance cinidon-ethyl in Annex I to Directive 91/414/EEC. Commission Decision 98/398/EC(3) confirmed that the dossier was "complete" in the sense that it could be considered as satisfying, in principle, the data and information requirements laid down in Annexes II and III to Directive 91/414/EEC.
(2) Italy received an application under Article 6(2) of Directive 91/414/EEC on 30 April 1997 from Dow AgroSciences, concerning cyhalofop butyl. Commission Decision 98/242/EC(4) confirmed that the dossier was "complete".
(3) France received an application under Article 6(2) of Directive 91/414/EEC on 20 October 1996 from DuPont de Nemours concerning famoxadone. Commission Decision 97/591/EC(5) confirmed that the dossier was "complete".
(4) Belgium received an application under Article 6(2) of Directive 91/414/EEC on 2 February 1998 from Dow Agro Sciences concerning florasulam. Commission Decision 98/676/EC(6) confirmed that the dossier was "complete".
(5) Belgium received an application under Article 6(2) of Directive 91/414/EEC on 9 February 1996 from Novartis Crop Protection AG (now Syngenta) concerning metalaxyl-m. Decision 97/591/EC confirmed that the dossier was "complete".
(6) Germany received an application under Article 6(2) of Directive 91/414/EEC on 10 May 1999 from BASF-AG concerning picolinafen. Commission Decision 1999/555/EC(7) confirmed that the dossier was "complete".
(7) For these active substances, the effects on human health and the environment have been assessed, in accordance with Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicants. The nominated rapporteur Member States submitted draft assessment reports concerning the substances to the Commission on 2 November 1998 (cinidon-ethyl), 30 November 1998 (cyhalofop butyl), 5 August 1998 (famoxadone), 19 November 1999 (florasulam), 27 July 1999 (metalaxyl-m) and 21 December 2000 (picolinafen).
(8) The draft assessment reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. The reviews were finalised on 19 April 2002 in the format of the Commission review reports for cinidon-ethyl, cyhalofop butyl, famoxadone, florasulam, metalaxyl-M and picolinafen.
(9) The reviews of cinidon-ethyl, metalaxyl-M and picolinafen did not reveal any open questions which would have required a consultation of the Scientific Committee on Plants.
(10) As regards cyhalofop butyl, the Scientific Committee on Plants was asked to comment on potential effects on aquatic organisms and non-target arthropods and on operator exposure. In its opinion(8) the Committee noted that aerial application of the active substance may pose an unacceptable risk to aquatic organisms within flooded paddy fields and in adjacent drainage canals, if they are of low depth. Terrestrial applications to flooded paddies may pose an unacceptable risk to aquatic organisms within the paddy fields. The Committee considered the use unlikely to be harmful to bees but highlighted remaining uncertainty with regard to other non-target arthropods, which should be addressed by an extended test. This information was subsequently provided and evaluated. The Committee was further of the opinion that the operator exposure to cyhalofop-butyl has been adequately addressed.
(11) As regards famoxadone, the Committee was asked to comment on the effects to Daphnia and earthworms, in particular in relation to degradation products of the active substance and on the relevance to humans of the eye effect observed in the 12-month dog study and possible implications for risk assessment for operators. In its opinion(9) the Committee commented that the risk to Daphnia of famoxadone and its metabolites has been sufficiently addressed. The Committee further noted that the metabolites IN-KZ007 and IN-JS940 are unlikely to present an acute risk to earthworms but was unable to evaluate the likely chronic risks of the parent substance or metabolites to earthworms when more than six applications per season are assumed. The Committee, finally, was of the opinion that the eye effect of famoxadone in dogs is to be considered relevant for humans pending a more complete understanding of the mechanism of action. The observations of the Scientific Committee were taken into consideration in formulating this Directive and the relevant review report.
(12) As regards florasulam, the Committee was asked to comment on the relevance of two degradation products of the active substance (ASTCA and DFP-ASTCA), and on the approach proposed to establish an acute reference dose. In its opinion(10) the Committee concluded that modelling results do not indicate potential groundwater contamination above a threshold of toxicological concern for the parent substance or its breakdown products. Neither the active substance nor the main metabolite appears to pose an unacceptable risk to non-target aquatic organisms. Data reportedly showing no toxicity to soil and aquatic organisms of the degradation products ASTCA and DFP-ASTCA were not available to the Committee, and would need to be assessed. This information was subsequently submitted by the notifier and evaluated by the rapporteur Member State. The Committee was further of the opinion that the allocation of an acute reference dose is not warranted.
(13) It has appeared from the various examinations made that plant-protection products containing the active substances concerned 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 reports. It is therefore appropriate to include these active substances in Annex I, in order to ensure that in all Member States the authorisations of plant-protection products containing the active substances concerned can be granted in accordance with the provisions of that Directive.
(14) The Commission review report is required for the proper implementation by the Member States, of several sections of the uniform principles laid down in Directive 91/414/EEC. It is, therefore, appropriate to provide that the finalised review reports, except for confidential information, should be kept available or made available by the Member States for consultation by any interested parties.
(15) After inclusion, Member States should be allowed a reasonable period to implement the provisions of Directive 91/414/EEC as regards plant-protection products containing cinidon-ethyl, cyhalofop butyl, famoxadone, florasulam, metalaxyl-M or picolinafen and in particular to review existing provisional authorisations and, by the end of this period at the latest, to transform those authorisations into full authorisations, to amend them or to withdraw them in accordance with the provisions of Directive 91/414/EEC.
(16) It is therefore appropriate to amend Directive 91/414/EEC accordingly.
(17) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
Member States shall keep available the review reports for cinidon-ethyl, cyhalofop butyl, famoxadone, florasulam, metalaxyl-M and picolinafen, except for confidential information within the meaning of Article 14 of Directive 91/414/EEC, for consultation by any interested parties or shall make it available to them on specific request.
Member States shall adopt and publish by 31 March 2003 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
They shall apply those provisions from 1 April 2003.
When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
1. Member States shall review the authorisation for each plant-protection product containing cinidon-ethyl, cyhalofop butyl, famoxadone, florasulam, metalaxyl-M or picolinafen to ensure that the conditions relating to these active substances set out in Annex I to Directive 91/414/EEC are complied with. Where necessary, they shall amend or withdraw the authorisation in accordance with Directive 91/414/EEC before 31 March 2003.
2. Member States shall, for each authorised plant-protection product containing cinidon-ethyl, cyhalofop butyl, famoxadone, florasulam, metalaxyl-M or picolinafen as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 1 October 2002, re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III thereto. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC. Where necessary and by 31 March 2004 at the latest, they shall amend or withdraw the authorisation for each such plant-protection product.
This Directive shall enter into force on 1 October 2002.
This Directive is addressed to the Member States.
| 0 | 0 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32009R0199
|
Commission Regulation (EC) No 199/2009 of 13 March 2009 laying down a transitional measure derogating from Regulation (EC) No 2160/2003 of the European Parliament and of the Council, as regards direct supply of small quantities of fresh meat derived from flocks of broilers and turkeys (Text with EEA relevance)
|
14.3.2009 EN Official Journal of the European Union L 70/9
COMMISSION REGULATION (EC) No 199/2009
of 13 March 2009
laying down a transitional measure derogating from Regulation (EC) No 2160/2003 of the European Parliament and of the Council, as regards direct supply of small quantities of fresh meat derived from flocks of broilers and turkeys
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents (1) and in particular Article 13 thereof,
Whereas:
(1) The purpose of Regulation (EC) No 2160/2003 is to ensure that proper and effective measures are taken to detect and control salmonella and other zoonotic agents at all relevant stages of production, processing and distribution, and particularly at the level of primary production, in order to reduce their prevalence and the risk they pose to public health.
(2) Regulation (EC) No 2160/2003 does not apply to primary production for private domestic use or leading to the direct supply, by the producer, of small quantities of primary products to the final consumer or to local retail establishments directly supplying the primary products to the consumers. Pursuant to that Regulation such direct supply is to be governed by national rules ensuring that the objectives of Regulation (EC) No 2160/2003 are achieved.
(3) Regulation (EC) No 2160/2003 provides for a Community target to be established for the reduction of the prevalence of all salmonella serotypes with public health significance in broilers and turkeys at the level of primary production. It also provides that the Community target is to include the definition of the testing schemes necessary to verify the achievement of the target.
(4) Commission Regulation (EC) No 646/2007 (2) implements Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella in broilers at the level of primary production. It also sets out the testing scheme necessary to verify progress in the achievement of the Community target. That testing scheme is to apply from 1 January 2009.
(5) Commission Regulation (EC) No 584/2008 (3) implements Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella in turkeys at the level of primary production. It also sets out the testing scheme necessary to verify progress in the achievement of the Community target. That testing scheme is to apply from 1 January 2010.
(6) Regulation (EC) No 2160/2003 does not apply to certain primary production. However, it applies to flocks of broilers and turkeys where the producer intends to supply small quantities of the fresh meat, derived from such flocks, to the final consumer; or to local retail establishments directly supplying such fresh meat to the final consumer. Accordingly, pursuant to the testing schemes set out in Regulation (EC) No 646/2007 and (EC) No 584/2008 such poultry is to be subjected to mandatory testing prior to slaughter.
(7) Testing of such flocks of broilers and turkeys leads to practical difficulties for producers with very small numbers of animals as continuous testing prior to slaughter would be required. In particular, sales might have to be interrupted since the results of the testing should be known prior to slaughter.
(8) In order to avoid that a derogation from the mandatory continuous testing in such flocks increase the risk for public health, the Member States should establish national rules governing the supply of the fresh meat of the producer in order that the purpose of Regulation (EC) No 2160/2003 is achieved.
(9) It is therefore appropriate as a transitional measure, to exclude from the scope of Regulation (EC) No 2160/2003, flocks of broilers and turkeys where the producer intends to supply small quantities of the fresh meat, derived from such flocks, to the final consumer or to local retail establishments directly supplying such fresh meat to the final consumer.
(10) Such supply is rare during the winter period and therefore the transitional measure should apply from spring 2009.
(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,
1. By way of derogation from Article 1(2) of Regulation (EC) No 2160/2003, that Regulation shall not apply to flocks of broilers and turkeys where the producer only intends to supply small quantities of the fresh meat, as defined in point 1.10 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council (4), derived from such flocks, to:
(a) the final consumer; or
(b) local retail establishments directly supplying such fresh meat to the final consumer.
2. Member States shall establish national rules governing the supply of the fresh meat by the producer, as referred to in paragraph 1, in order that the purpose of Regulation (EC) No 2160/2003 is achieved.
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply for a period of three years.
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 |
32002R1232
|
Commission Regulation (EC) No 1232/2002 of 9 July 2002 replacing the Annex to Council Regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances and amending Regulation (EEC) No 3769/92
|
Commission Regulation (EC) No 1232/2002
of 9 July 2002
replacing the Annex to Council Regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances and amending Regulation (EEC) No 3769/92
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3677/90 of 13 December 1990 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances(1), as amended by Regulation (EC) No 988/2002(2), and in particular Article 9a thereof,
Having regard to Commission Regulation (EEC) No 3769/92 of 21 December 1992 implementing and amending Council Regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances(3), as last amended by Regulation (EC) No 1251/2001(4),
Whereas:
(1) It is necessary to give effect to the decision taken by the United Nations Commission on Narcotic Drugs in March 2001 to add acetic anhydride and potassium permanganate to Table I of the Annex to the 1988 United Nations Convention.
(2) It is necessary to amend the Annex to Regulation (EEC) No 3677/90 to comply with this decision. The amendment may be made by the Commission pursuant to Article 9a(e) of the Regulation.
(3) Regulation (EEC) No 3769/92 must be amended to take account of the changes of Regulation (EEC) No 3677/90 separating the provisions on export authorisation from those on pre-export notification for the scheduled substances listed in Category 1 of the Annex.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Committee set up pursuant to Article 10 of Regulation (EEC) No 3677/90,
The Annex to Regulation (EEC) No 3677/90 is replaced by Annex 1 of this Regulation.
Regulation (EEC) No 3769/92 is amended as follows:
1. Article 2 is replaced by the following text: "Article 2
Specific export requirements for scheduled substances listed in Category 2
Pursuant to Article 5(2) of the basic Regulation, exports of scheduled substances listed in Category 2 are subject mutatis mutandis to the provisions of Articles 4 and 4a of the basic Regulation whenever they are intended for an operator established in a country which is listed and published in the Official Journal of the European Communities C series. These lists shall be regularly updated by the European Commission.";
2. Article 3 is replaced by the following text: "Article 3
Specific export requirements for scheduled substances listed in Category 3
Without prejudice to more specific requirements to be determined on the basis of agreements with the countries concerned, exports of scheduled substances in Category 3 are subject, pursuant to Article 5a(2) of the basic Regulation, to the provisions of Article 4 and 4a of the basic Regulation whenever they are intended for an operator established in a country which is included in the list published in the Official Journal of the European Communities C series and an open individual authorisation cannot be granted pursuant to paragraph 3 of that Article. These lists shall be regularly updated by the European Commission.";
3. Annex I is replaced by Annex 2 to this Regulation.
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32008R0701
|
Commission Regulation (EC) No 701/2008 of 23 July 2008 establishing a prohibition of fishing for cod in Norwegian waters of I and II by vessels flying the flag of Poland
|
24.7.2008 EN Official Journal of the European Union L 195/17
COMMISSION REGULATION (EC) No 701/2008
of 23 July 2008
establishing a prohibition of fishing for cod in Norwegian waters of I and II by vessels flying the flag of Poland
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 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 |
31984R3283
|
Commission Regulation (EEC) No 3283/84 of 23 November 1984 amending Regulation (EEC) No 3675/83 laying down detailed rules for implementing the import arrangements applicable to products falling within subheading 07.06 A of the Common Customs Tariff, originating in Thailand and exported from that country in 1984, 1985 and 1986
|
COMMISSION REGULATION (EEC) No 3283/84
of 23 November 1984
amending Regulation (EEC) No 3675/83 laying down detailed rules for implementing the import arrangements applicable to products falling within subheading 07.06 A of the Common Customs Tariff, originating in Thailand and exported from that country in 1984, 1985 and 1986
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 1018/84 (2), and in particular Article 12 (2) thereof,
Having regard to Council Regulation (EEC) No 604/83 of 14 March 1983 on the import system applicable in 1983 to 1986 to products falling within subheading 07.06 A of the Common Customs Tariff and amending Regulation (EEC) No 950/68 on the Common Customs Tariff (3), and in particular Article 2 thereof,
Whereas in the context of the application of the Agreement between Thailand and the European Economic Community on the production and marketing of and trade in manioc (4), covering the period to 1986, the need has arisen to supplement the procedure for issuing certificates laid down in Commission Regulation (EEC) No 3675/83 (5); whereas, for the purposes of improving the administration of the system in a manner consistent with the said agreement, the authorities responsible for issuing import certificates should be required to provide additional information concerning the quantities of manioc actually imported into the Community in order that export licences can subsequently be issued for the quantities unloaded in the Community, which may be greater or less than the quantities indicated on the import certificates;
Whereas, moreover, in order to take into account the experience gained in the context of the application of the import arrangements for manioc originating in Thailand, and in the interests of sound management, certain checks at present required should be made less stringent;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
Regulation (EEC) No 3675/83 is hereby amended as follows:
1. The text of Article 4 becomes Article 4 (1).
2. The following paragraph 2 is added to Article 4:
'2. Where the quantities actually unloaded are found to exceed the total quantities stated in the export certificates allocated for the ship in question, the competent authorities designated by the Member States shall, at the request of the importer in each case and without delay, notify the Commission by telex, in each case and without delay, of the number or numbers of the export certificates, the number or numbers of the import licences and the excess quantity recorded when unloading took place.
The Commission shall contact the Thai authorities so that new export certificates can be drawn up with a view to allowing the excess quantities to be released into free circulation as soon as possible on the basis of new import licences. In the intervening period, the excess quantities may not be put into free circulation under the conditions laid down by the EEC/Thailand autolimitation agreement.
At the end of each quarter, the competent authorities designated by the Member States shall notify the Commission by telex of all cases, in which the quantities of manioc originating in Thailand have, during that quarter, exceeded the quantities laid down.'
3. The second indent of Article 6 (2) (b) is deleted.
4. The following Article 9a is inserted:
'Article 9a
At the end of each quarter the authorities responsible for issuing the import licences shall notify the Commission by telex of the quantities, as stated on the reverse of the import licences, which were not allocated, the name of the ship and the numbers of the export certificates concerned.'
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1985.
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 |
32001L0031
|
Commission Directive 2001/31/EC of 8 May 2001 adapting to technical progress Council Directive 70/387/EEC relating to the doors of motor vehicles and their trailers (Text with EEA relevance)
|
Commission Directive 2001/31/EC
of 8 May 2001
adapting to technical progress Council Directive 70/387/EEC relating to the doors of motor vehicles and their trailers
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to type-approval of motor vehicles and their trailers(1), as last amended by Directive 2000/40/EC of the European Parliament and of the Council(2), and in particular Article 13(2) thereof,
Having regard to Council Directive 70/387/EEC of 27 July 1970 on the approximation of the laws of the Member States relating to the doors of motor vehicle and their trailers(3), as last amended by Commission Directive 98/90/EC(4), and in particular Article 3 thereof,
Whereas:
(1) Directive 70/387/EEC is one of the separate Directives of the EC type-approval procedure established by Directive 70/156/EEC. Consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to this Directive.
(2) Directive 98/90/EC has introduced design requirements for the steps and handholds of cabs in order to improve the safety of persons entering and leaving the driver's compartment of certain heavy goods vehicles.
(3) Certain cab designs already on the market cannot comply with the specific requirements introduced by Directive 98/90/EC, although their level of safety is considered equivalent. It is therefore necessary to further refine the technical requirements in order to allow such cab designs.
(4) The measures provided for in this Directive are in accordance with the opinion of the Committee for the adaptation to technical progress established by Directive 70/156/EEC,
Annex III to Directive 70/387/EEC is amended in accordance with the Annex to this Directive.
1. With effect from 1 October 2001, Member States may not on grounds relating to vehicle doors:
- refuse, in respect of a type of vehicle, to grant EC type-approval or national type-approval, or
- prohibit the sale, registration, or entry into service of vehicles,
if the vehicles comply with the requirements of Directive 70/387/EEC, as amended by this Directive.
2. With effect from 1 December 2001, Member States:
- shall no longer grant EC type-approval, and
- may refuse to grant national type-approval,
for a new type of vehicle on grounds relating to vehicle doors if the requirements of Directive 70/387/EEC, as amended by this Directive, are not fulfilled.
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 September 2001 at the latest. They shall forthwith inform the Commission thereof.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
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 twentieth day following that of its publication in the Official Journal of the European Communities.
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 |
31997L0016
|
Directive 97/16/EC of the European Parliament and of the Council of 10 April 1997 amending for the 15th time Directive 76/769/EEC on restrictions on the marketing and use of certain dangerous substances and preparations
|
DIRECTIVE 97/16/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 10 April 1997 amending for the 15th time Directive 76/769/EEC on restrictions on the marketing and use of certain dangerous substances and preparations
THE EUROPEAN PARLIAMENT AND COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),
Whereas Article 7a of the Treaty establishes an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;
Whereas all Member States, with the exception of Austria, Finland, Greece, Italy and Luxembourg, are Contracting Parties to the Convention for the Prevention of Marine Pollution from Land-Based Sources (1974 Paris Convention); whereas the Paris Commission, the executive body of the Paris Convention, considers hexachloroethane and the substances that can be formed as a result of its use as substances which create pollution that should be eliminated in accordance with Article 4 (1) (a) of the Paris Convention; whereas the Council by a mandate adopted on 4 March 1996 authorized the Commission to negotiate a decision to phase out hexachloroethane with some exceptions for use in the non-ferrous metal industries and in particular in non-integrated foundries casting aluminium and for certain magnesium alloys; whereas as a result of the negotiations held at the meeting of the Oslo and Paris Commissions in Oslo in June 1996 Parcom Decision 96/1 on the phasing out of the use of hexachloroethane in the non-ferrous metal industry was adopted, replacing existing Parcom Decisions 92/4 and 93/1 on the same matter; whereas Parcom Decision 96/1 provides for a review of the need for the exceptions to the ban on the use of hexachloroethane in 1998;
Whereas the limits imposed on Member States as regards the placing on the market of hexachloroethane for use in the non-ferrous metal industries directly affect the functioning of the internal market; whereas it is therefore necessary to approximate the laws of the Member States in this field and consequently to amend Annex I to Directive 76/769/EEC (4);
Whereas in view of the scope and effects of the proposed action, the Community measures envisaged by this Directive are not merely necessary, but vital for the attainment of the stated objectives; whereas these objectives cannot be achieved by Member States individually; whereas furthermore their attainment at Community level is already provided for by Directive 76/769/EEC,
Annex I to Directive 76/769/EEC shall be amended as set out in the Annex hereto.
Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1997 at the latest. They shall immediately inform the Commission thereof.
They shall apply these provisions from 1 January 1998.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.
This Directive is addressed to the Member States.
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 |
32014R0978
|
Commission Implementing Regulation (EU) No 978/2014 of 16 September 2014 amending Regulation (EU) No 165/2011 providing for deductions from certain mackerel quotas allocated to Spain in 2011 and subsequent years on account of overfishing in 2010
|
17.9.2014 EN Official Journal of the European Union L 275/1
COMMISSION IMPLEMENTING REGULATION (EU) No 978/2014
of 16 September 2014
amending Regulation (EU) No 165/2011 providing for deductions from certain mackerel quotas allocated to Spain in 2011 and subsequent years on account of overfishing in 2010
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, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (1), and in particular Article 105(1) and (2) thereof,
Whereas:
(1) Commission Regulation (EU) No 165/2011 (2) establishes that the fishing quota for mackerel (Scomber scombrus) in zone VIIIc, IX and X, Union waters of CECAF 34.1.1, (‘mackerel fishing quota’) allocated to Spain in the year 2013 is to be reduced by 8 126 tonnes.
(2) Regulation (EU) No 165/2011 also provides that the mackerel fishing quota that may be allocated to Spain in the year 2015 and, where appropriate, in subsequent years is to be reduced by 9 747 tonnes.
(3) On 19 February 2014, Spain informed the Commission that their mackerel fishing quota for the year 2013 had not been fully used and requested the Commission to take the unutilised tonnage into account for the purpose of paying back the mackerel overfishing in 2010, as operated by Regulation (EU) No 165/2011. The unutilised quantity amounts to 4 158 tonnes.
(4) However, Spain had requested, pursuant to Article 4(2) of Council Regulation (EC) No 847/96 (3), that, within the limits of that Regulation, part of their mackerel fishing quota for 2013 be withheld and transferred to the following year.
(5) Commission Implementing Regulation (EU) No 520/2014 (4) transferred 2 022 tonnes of Spain's 2013 unutilised mackerel fishing quota to the year 2014. Hence, the remaining unutilised tonnage for the year 2013 amounts to 2 136.
(6) The amount of 2 136 tonnes should be used to reschedule the deductions foreseen in Regulation (EU) No 165/2011 as amended by Regulation (EU) No 976/2012 (5). This quantity should be added to the 2013 deduction amount, which totalizes 10 262, and simultaneously subtracted from the deduction amount of subsequent years.
(7) On 8 May 2014, Spain requested that the unutilised tonnage be subtracted from the 2014 deduction amount. This is compatible with the rationale expressed in recital 7 of Regulation (EU) No 165/2011. Regulation (EU) No 165/2011 as amended by Regulation (EU) No 976/2012 should, therefore, be amended accordingly,
(8) Since the modification of Spain's catch limits as a result of this Regulation has an influence on the economic activities and the planning of the fishing season of Spanish vessels, this Regulation should enter into force immediately after its publication,
The Annex to Regulation (EU) No 165/2011 is replaced by the text in the Annex to this Regulation.
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 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 |
32004R0879
|
Commission Regulation (EC) No 879/2004 of 29 April 2004 concerning the provisional authorization of a new use of an additive already authorized in feedingstuffs (Saccharomyces cerevisiae) (Text with EEA relevance)
|
30.4.2004 EN Official Journal of the European Union L 162/65
COMMISSION REGULATION (EC) No 879/2004
of 29 April 2004
concerning the provisional authorization of a new use of an additive already authorized in feedingstuffs (Saccharomyces cerevisiae)
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Regulation (EC) No 1756/2002 (2), and in particular Articles 3 and 9e(1) thereof,
Whereas:
(1) Directive 70/524/EEC provides that no additive may be put into circulation unless a Community authorisation has been granted.
(2) In the case of additives referred to in Part II of Annex C to Directive 70/524, which includes micro-organisms, provisional authorisation of a new use of an additive already authorised may be given if the conditions laid down in that Directive are satisfied, and if it is reasonable to assume, in view of the available results, that when used in animal nutrition it has one of the effects referred to in Article 2(a) of that Directive. Such provisional authorisation may be given for a period not exceeding four years in the case of additives referred to in Part II of Annex C to that Directive.
(3) The use of the micro-organism preparation of Saccharomyces cerevisiae (MUCL 39885) has been provisionally authorised, for the first time, for piglets and cattle for fattening by Commission Regulation (EC) No 1411/1999 (3).
(4) New data were submitted in support of an application to extend the authorisation of this additive to dairy cows.
(5) The assessment of the application for authorisation submitted in respect of the new use of this additive, shows that the conditions provided for in Directive 70/524/EEC for provisional authorisation are satisfied.
(6) The European Food Safety Authority (Scientific Panel on Additives and Products or Substances Used in Animal Feed) delivered a favourable opinion on 27 January 2004 on the safety of the additive when used in the animal category dairy cows, under the conditions of use set out in the annex to this Regulation.
(7) The use of this additive for dairy cows should therefore be provisionally authorised for a period of four years.
(8) The assessment of the application shows that certain procedures should be required to protect workers from exposure to the additive set out in the Annex. Such protection should be assured by the application of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (4).
(9) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Article 1
The preparation belonging to the group ‘Micro-organisms’ as set out in the Annex is provisionally authorised for use as additive in animal nutrition under the conditions laid down in that Annex.
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
| 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32011R1366
|
Commission Implementing Regulation (EU) No 1366/2011 of 19 December 2011 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Pataca de Galicia / Patata de Galicia (PGI)]
|
22.12.2011 EN Official Journal of the European Union L 341/29
COMMISSION IMPLEMENTING REGULATION (EU) No 1366/2011
of 19 December 2011
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Pataca de Galicia / Patata de Galicia (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) By virtue of the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Spain’s application for the approval of amendments to the specification for the protected geographical indication ‘Pataca de Galicia / Patata de Galicia’ registered under Commission Regulation (EC) No 148/2007 (2).
(2) Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union, as required by the first subparagraph of Article 6(2) of that Regulation (3). As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.
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 |
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