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31991R1027 | Council Regulation (EEC) No 1027/91 of 22 April 1991 fixing, for the 1990/91 and 1991/92 milk years, the guideline figure for the fat content of standardized whole milk imported into Ireland and the United Kingdom
| COUNCIL REGULATION (EEC) No 1027/91 of 22 April 1991 fixing, for the 1990/91 and 1991/92 milk years, the guideline figure for the fat content of standardized whole milk imported into Ireland and the United Kingdom
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1411/71 of 29 June 1971 laying down additional rules on the common market organization in milk and milk products for drinking milk (1), as last amended by Regulation (EEC) No 222/88 (2), and in particular Article 3
(6) (b) thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to Article 3 (5) of Regulation (EEC) No 1411/71, Ireland and the United Kingdom apply, within their territories, the formula of non-standardized whole milk within the meaning of the second indent of Article 3 (1) (b) of that Regulation;
Whereas, pursuant to Article 3 (6) and (7) of the said Regulation, a guideline figure must be fixed for the 1990/91 milk year for the fat which standardized whole milk coming from another Member State must contain to be able to be marketed within the territories of the two abovementioned Member States; whereas this guideline figure must be the weighted average fat content of the whole milk produced and marketed in the importing Member State during the previous year;
Whereas, particularly in the light of market changes, it is deemed appropriate, to re-examine the conditions of application of the second indent of the said Article 3 (1) (b) and of Article 3 (6) and (7) with a view to the repeal of the latter paragraphs; whereas the Commission should therefore be requested to present a report together with proposals in this connection before 1 June 1991; whereas, accordingly, the guideline figure for the 1991/92 milk year must be fixed, subject to any amendments that may result from those proposals,
Article 1
The guideline figure referred to in Article 3 (6) (b) of Regulation (EEC) No 1411/71 shall be:
1. for the 1990/91 milk year:
- 3,50 % for Ireland,
- 3,90 % for the United Kingdom;
2. for the 1991/92 milk year, subject to any amendments resulting from the application of Article 2:
- 3,50 % for Ireland,
- 4,00 % for the United Kingdom. Article 2
The Commission shall present to the Council, before 1 June 1991, a report on the conditions of application of the second indent of Article 3 (1) (b) and of Article 3 (6) and (7) of Regulation (EEC) No 1411/71 and shall propose any amendments to the rules concerned. Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 14 May 1990. This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32003R0585 | Commission Regulation (EC) No 585/2003 of 31 March 2003 fixing the import duties in the rice sector
| Commission Regulation (EC) No 585/2003
of 31 March 2003
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 Commission Regulation (EC) No 411/2002(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 1298/2002(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 1 April 2003.
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 |
32006D0432 | 2006/432/EC: Commission Decision of 23 June 2006 establishing the Community’s financial contribution to the expenditure incurred in the context of the emergency measures taken to combat classical swine fever in Germany in 2001 (notified under document number C(2006) 2407)
| 27.6.2006 EN Official Journal of the European Union L 173/25
COMMISSION DECISION
of 23 June 2006
establishing the Community’s financial contribution to the expenditure incurred in the context of the emergency measures taken to combat classical swine fever in Germany in 2001
(notified under document number C(2006) 2407)
(Only the German text is authentic)
(2006/432/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Article 3(3) thereof,
Whereas:
(1) Outbreaks of classical swine fever occurred in Germany in 2001. The emergence of this disease presented a serious risk for the Community's livestock population.
(2) In order to prevent the spread of the disease and to help eradicate it as quickly as possible, the Community should contribute financially towards the eligible expenditure incurred by the Member State under the emergency measures taken to combat the disease, as provided for in Decision 90/424/EEC.
(3) Commission Decision 2003/492/EC of 3 July 2003 on a financial contribution from the Community towards the eradication of classical swine fever in Germany in 2001 (2) granted a financial contribution from the Community to Germany towards the expenditure incurred under the emergency measures to combat classical swine fever implemented in 2001.
(4) In accordance with that Decision, a first instalment of EUR 440 000 was granted.
(5) Pursuant to that Decision, the balance of the Community contribution is to be based on the application submitted by Germany, documents setting out the figures quoted in the application, and the results of the in situ checks carried out by the Commission. The amount set out in the application submitted by Germany was DEM 3 256 879,80 or EUR 1 665 216,19 as principal costs and DEM 16 978,40 or EUR 8 680,92 as arrears, for which the Community financial contribution may not be higher than 50 % of the eligible expenditure.
(6) In view of the above considerations, the total amount of the Community’s financial contribution to the expenditure incurred associated with the eradication of classical swine fever in Germany in 2001 should now be fixed.
(7) The results of the checks carried out by the Commission in compliance with the Community veterinary rules and the conditions for granting Community financial support mean the entire amount of the expenditure submitted cannot be recognised as eligible.
(8) The Commission’s observations and method of calculating the eligible expenditure were communicated by letter to Germany.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
The total Community financial contribution towards the expenditure associated with eradicating classical swine fever in Germany in 2001 pursuant to Decision 2003/492/EC is fixed at EUR 827 037,06 as principal costs and EUR 4 340,46 as arrears.
Since a first instalment of EUR 440 000 has already been granted in accordance with Decision 2003/492/EC, the balance of the Community financial contribution is fixed at EUR 391 377,52.
This Decision is addressed to the Federal Republic of Germany. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31990R0104 | Commission Regulation (EEC) No 104/90 of 15 January 1990 amending Regulation (EEC) No 1545/89 on transitional measures for the grant of agricultural income aids
| COMMISSION REGULATION (EEC) No 104/90
of 15 January 1990
amending Regulation (EEC) No 1545/89 on transitional measures for the grant of agricultural income aids
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 768/89 of 21 March 1989 establishing a system of transitional aids to agricultural income (1), and in particular Article 12 thereof,
Whereas Commission Regulation (EEC) No 1545/89 (2) stipulates, inter alia, that they shall apply only to draft measures notified to the Commission before 1 April 1989 and only where the grant of aid to individual recipients is decided before 1 January 1990;
Whereas, the finalization of the many detailed rules required for the implementation of the aid system instituted by Regulation (EEC) No 768/89 has taken more time than was initially anticipated as a result of which the time limits laid down in Articles 1 and 2 of Regulation (EEC) No 1545/89 now need to be extended; whereas it is necessary to take account of certain provisions of Commission Regulation (EEC) No 3813/89 of 19 December 1989 laying down detailed rules for the application of the system of transitional aids to agricultural income (3) so as to ensure that aids authorized under the present Regulation will be duly taken into account;
Whereas it is therefore necessary to modify certain provisions of Regulation (EEC) No 1545/89;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Agricultural income Aids,
Article 1 of Regulation (EEC) No 1545/89 is hereby amended as follows:
1. Paragraph (1) (a) is replaced by the following:
'(a) draft measures for the institution or amendment of which have been notified to the Commission before 23 December 1989 pursuant to Article 93 (3) of the Treaty';
2. Paragraph 2 is replaced by the following:
'2. Paragraph 1 shall apply only to income aids which it is decided to grant to individual recipients before 1 January 1991 and which are at least in part paid to them before that date.';
3. A new paragraph 3a inserted as follows:
'3a. Where the Commission has authorized income aids in accordance with this Regulation, the limit referred to in Article 7 (1) of Regulation (EEC) No 3813/89 shall, under a programme of agricultural income aid, be reduced by 15 % for the holdings which benefit from this authorization and which are eligible under such a programme. However in no case shall this reduction for any holding exceed the actual payment per annual agricultural work unit on that holding.'
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply until 31 December 1990.
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 |
32014R0745 | Commission Implementing Regulation (EU) No 745/2014 of 9 July 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables
| 10.7.2014 EN Official Journal of the European Union L 201/5
COMMISSION IMPLEMENTING REGULATION (EU) No 745/2014
of 9 July 2014
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 |
32001R2375 | Council Regulation (EC) No 2375/2001 of 29 November 2001 amending Commission Regulation (EC) No 466/2001 setting maximum levels for certain contaminants in foodstuffs (Text with EEA relevance)
| Council Regulation (EC) No 2375/2001
of 29 November 2001
amending Commission Regulation (EC) No 466/2001 setting maximum levels for certain contaminants in foodstuffs
(Text with EEA relevance)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food(1), and in particular Article 2(3) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Commission Regulation (EC) No 466/2001(2) stipulates that foodstuffs should not, when placed on the market, contain higher contaminant levels than those specified in that Regulation.
(2) The term "dioxins" covers a group of 75 polychlorinated dibenzo-p-dioxin ("PCDD") and 135 polychlorinated dibenzofuran ("PCDF") congeners, of which 17 are of toxicological concern. The most toxic congener is 2,3,7,8-tetrachlordibenzo-p-dioxin (TCDD) classified by the International Agency for Research on Cancer and other reputable international organisations as a known human carcinogen. The Scientific Committee for Food ("SCF"), in line with the World Health Organisation ("WHO"), concluded that the carcinogenic effect of dioxins does not occur at levels below a certain threshold. Other adverse effects, such as endometriosis, neurobehavioural and immunosuppressive effects occur at much lower levels and are therefore considered relevant for determining a tolerable intake.
(3) Polychlorinated biphenyls, ("PCBs"), are a group of 209 different congeners which can be divided into two groups according to their toxicological properties: 12 congeners exhibit toxicological properties to dioxins and are therefore often termed "dioxin-like PCBs". The other PCBs do not exhibit dioxin-like toxicity but have a different toxicological profile.
(4) Each congener of dioxins or dioxin-like PCBs exhibits a different level of toxicity. In order to be able to sum up the toxicity of these different congeners, the concept of toxic equivalency factors ("TEFs") has been introduced to facilitate risk assessment and regulatory control. This means that the analytical results relating to all 17 individual dioxin congeners and to the 12 dioxin-like PCB congeners are expressed in terms of a single quantifiable unit: "TCDD toxic equivalent concentration" (TEQ).
(5) Dioxins and PCBs are extremely resistant to chemical and biological degradation and therefore persist in the environment and accumulate in the feed and food chain.
(6) More than 90 % of human dioxin exposure derives from foodstuffs. Foodstuffs of animal origin normally contribute to approximately 80 % of overall exposure. The dioxin burden in animals derives mainly from feedingstuffs. Therefore feedingstuffs, and in some cases soil, raise concerns as potential sources of dioxins.
(7) The SCF adopted an opinion on the Risk Assessment of Dioxins and Dioxin-like PCBs in Food on 30 May 2001, an update based on new scientific information which has become available since the adoption of the SCF opinion on this matter on 22 November 2000. The SCF fixed a tolerable weekly intake ("TWI") for dioxins and dioxin-like PCBs of 14 pg WHO-TEQ/kg body weight. Exposure estimates indicate that a considerable proportion of the Community population has a dietary intake in excess of the TWI. Certain population groups in some countries could be at higher risk due to particular dietary habits.
(8) The reduction of human exposure to dioxins through food consumption is therefore important and necessary to ensure consumer protection. Particularly high levels of dioxin have been observed in certain food groups. As food contamination is directly related to feed contamination, an integrated approach must be adopted to reduce dioxin incidence throughout the food chain, i.e. from feed materials through food-producing animals to humans.
(9) The SCF has recommended that continuing efforts should be made to limit environmental releases of dioxins and related compounds to the lowest levels feasible. This is the most effective and efficient way to reduce the presence of dioxins and similar substances in the food chain and to ensure continued reduction of the human body burden. The SCF has noted that recent investigations on human milk and blood seem to indicate that dioxin levels are no longer decreasing.
(10) Maximum levels for dioxins and dioxin like PCBs are an appropriate tool to prevent unacceptably high exposure of the human population and to prevent the distribution of unacceptably highly contaminated foodstuffs e.g. from accidental pollution and exposure. Furthermore, the setting of maximum levels is indispensable for the implementation of a regulatory control system and to ensure uniform application.
(11) Measures based solely on establishing maximum levels for dioxins and dioxin-like PCBs in foodstuffs would not be sufficiently effective in reducing human exposure to dioxins unless the levels were set so low that a large part of the food supply would have to be declared unfit for human consumption. It is generally recognised that, in order to actively reduce the presence of dioxins in foodstuffs, maximum levels should be accompanied by measures stimulating a pro-active approach, including action levels and target levels for foodstuffs in combination with measures to limit emissions. Target levels indicate the levels to be achieved in order to ultimately bring human exposure for the majority of the population down to the TWI set by the Scientific Committee. Action levels are a tool for competent authorities and operators to highlight those cases where it is appropriate to identify a source of contamination and to take measures for its reduction or elimination not only in the event of non-compliance with the provisions of this Regulation, but also where significant levels of dioxins above the normal background levels are found in foodstuffs. This approach will result in a gradual reduction of dioxin levels in foodstuffs and the target levels will ultimately be achieved. A Recommendation from the Commission on this issue is therefore being addressed to the Member States.
(12) Although, from a toxicological point of view, any level should apply to dioxins, furans and dioxin-like PCBs, for the time being, the maximum levels are set only for dioxins and furans and not for dioxin-like PCBs, given the very limited data available on the prevalence of the latter. However, monitoring will continue, in particular on the presence of dioxin-like PCBs, with a view to including these substances in the maximum levels.
(13) The unacceptability of the dioxin content of foodstuffs should be assessed in the light of the current background levels of contamination, which differ from foodstuff to foodstuff. The maximum level should be fixed, taking account of background contamination, at a strict but feasible level.
(14) In order to ensure that all operators in the food and feed chain continue to make all possible efforts and to do all that is necessary to limit the presence of dioxins in feed and food, the maximum levels applicable should be reviewed within a defined period of time with the objective to set lower maximum levels. An overall reduction of at least 25 % of the human exposure to dioxins should be achieved by the year 2006.
(15) Maximum levels are stipulated mainly for foodstuffs of animal origin. None currently apply to products such as horsemeat, goat meat, rabbit meat and eggs from ducks, geese and quails. Only limited data are available on the prevalence of dioxins in these foodstuffs. Moreover, they are of limited significance from an intake point of view, no maximum level has been laid down for the time being. Nor does any maximum level currently apply to cereals, fruits and vegetables, as these food items have generally low levels of contamination and are therefore only a minor contributory factor in overall human exposure to dioxins. However, it is appropriate that the levels of dioxins and dioxin-like PCBs in these foodstuffs are monitored regularly.
(16) Vegetable oils normally do not contain significant levels of dioxins or dioxin-like PCBs. As vegetable oils are regularly put on the market or used as ingredient in foodstuffs as a mixture with animal fats, it is appropriate to establish a maximum level for vegetable oils for reasons of control.
(17) The data currently available do not allow maximum levels to be laid down for different categories of fish and fishery products. The maximum level of dioxins in feedingstuffs for fish means that, farmed fish have significantly lower dioxin levels. Once more data is available, it may in future be appropriate to lay down different levels for the various categories of fish and fishery products or exempt categories of fish, insofar they are of limited significance from an intake point of view.
(18) Certain fish species originating from the Baltic region may contain a high level of dioxin. A significant part of the Baltic fatty fish, such as Baltic herring and Baltic salmon, will not comply with the maximum level and would therefore be excluded from the Swedish and Finnish diet. There are indications that the exclusion of fish from the diet may have a negative health impact in Sweden and Finland. Sweden and Finland have a system in place which has the capacity to ensure that consumers are fully informed of the dietary recommendations concerning restrictions on consumption of fish from the Baltic region by identified vulnerable groups of the population in order to avoid potential health risks.
(19) Monitoring data indicate that free range or semi-intensive eggs contain higher levels of dioxins than battery eggs. Measures may be taken to ensure that the dioxin levels in these eggs are reduced. It is therefore appropriate to provide for a transition period before the maximum levels apply to free range or semi-intensive eggs.
(20) It is important to reduce the overall dioxin contamination in foodstuffs. It is therefore necessary to prohibit the mixing of foodstuffs complying with the maximum levels with foodstuffs exceeding these maximum levels.
(21) In view of the disparities between Member States and the consequent risk of distortion of competition, Community measures are required in order to protect public health and ensure market unity while adhering to the principle of proportionality.
(22) Regulation (EC) No 466/2001 should therefore be amended accordingly.
(23) The SCF has been consulted, in accordance with Article 3 of Regulation (EEC) No 315/93, on the provisions liable to affect public health.
(24) The Standing Committee for Foodstuffs did not deliver a favourable opinion. The Commission has therefore been unable to adopt the provisions it envisaged according to the procedure laid down in Article 8 of Council Regulation (EEC) 315/93,
Regulation (EC) No 466/2001 is amended as follows:
1. in Article 1 the following paragraph shall be inserted: "1a. By way of derogation from paragraph 1, Sweden and Finland are authorised for a transitional period, up to 31 December 2006, to place on the market fish, originating from the Baltic region, which is intended for consumption in their territory with dioxin levels higher than those set in point 5.2. of section 5 of Annex I, provided that a system is in place to ensure that consumers are fully informed of the dietary recommendations with regard to the restrictions on consumption of fish from the Baltic region by identified vulnerable groups of the population in order to avoid potential health risks.
Any future application of this derogation will be considered in the framework of the review of section 5 of Annex I, provided for in Article 5(3).
Finland and Sweden shall communicate to the Commission by 31 December each year, the results of their monitoring of the levels of dioxins in fish from the Baltic region and report on the measures taken to reduce human exposure to dioxins from fish from the Baltic region.";
2. the following Article shall be inserted: "Article 4a
With regard to dioxins in products referred to in section 5 of Annex I, it shall be prohibited:
(a) to mix products complying with the maximum levels with products exceeding these maximum levels;
(b) to use products, which do not comply with the maximum levels as an ingredient for the manufacture of other foodstuffs.";
3. in Article 5, the following paragraph shall be added: "3. The Commission shall review section 5 of Annex I for the first time by 31 December 2004 at the latest in the light of new data on the presence of dioxins and dioxin-like PCBs, in particular with a view to the inclusion of dioxin-like PCBs in the levels to be set.
Section 5 of Annex I shall be further reviewed by 31 December 2006 at the latest with the aim of significantly reducing the maximum levels and possibly laying down maximum levels for other foodstuffs.";
4. Annex I shall be amended in accordance with the Annex to this Regulation.
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.
It shall apply from 1 July 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0.142857 | 0 | 0.428571 | 0 | 0 | 0 | 0 | 0 | 0.142857 | 0 | 0 | 0 | 0 | 0 | 0 | 0.142857 | 0.142857 |
32001D0659 | 2001/659/EC: Commission Decision of 6 August 2001 amending Decision 94/984/EC as regards the importation of fresh poultry meat from Brazil (Text with EEA relevance) (notified under document number C(2001) 2469)
| Commission Decision
of 6 August 2001
amending Decision 94/984/EC as regards the importation of fresh poultry meat from Brazil
(notified under document number C(2001) 2469)
(Text with EEA relevance)
(2001/659/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/494/EEC of 26 June 1991 on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultry meat(1), as last amended by Directive 1999/89/EC(2), and in particular Articles 11 and 12 thereof,
Whereas:
(1) Commission Decision 94/984/EC of 20 December 1994 laying down animal health conditions and veterinary certificates for the importation of fresh poultry meat from certain third countries(3), as last amended by Decision 2001/598/EC(4), provides for veterinary certificates containing two different health attestations, model A and model B, their use depending on the Newcastle disease situation in the country concerned.
(2) Certain regions of Brazil are entitled to use the model A certificate for the exportation of poultry meat to the Community.
(3) Outbreaks of Newcastle disease have affected some non-commercial poultry flocks in the State of Goiás. Therefore this region of Brazil which is authorised to export fresh poultry meat to the Community is no longer free of Newcastle disease.
(4) An inspection carried out by the Commission's services in Brazil in October 2000 to assess the animal health situation and the additional information received from the Brazilian authorities have shown that their disease control measures for outbreaks of Newcastle disease are equivalent to those laid down in Council Directive 92/66/EEC of 14 July 1992 introducing Community measures for the control of Newcastle disease(5), as last amended by the Act of Accession of Austria, Finland and Sweden.
(5) It is appropriate on this basis to continue to allow the importation of fresh poultry meat from this region. Health attestation model A should therefore be amended.
(6) It is appropriate to restrict the scope of this Decision to poultry species covered by Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultry meat(6), as last amended by Directive 97/79/EC(7), and, if necessary, to lay down the animal health conditions and veterinary certification for other poultry species in a separate Decision.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
Annex II part 2 model A to Decision 94/984/EC is amended in accordance with the Annex to this Decision.
This Decision shall apply to fresh poultry meat certified as from 1 September 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 |
32014D0254 | 2014/254/EU: Decision of the European Parliament and of the Council of 16 April 2014 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with Point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2012/007 IT/VDC Technologies from Italy)
| 7.5.2014 EN Official Journal of the European Union L 134/44
DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 April 2014
on the mobilisation of the European Globalisation Adjustment Fund, in accordance with Point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2012/007 IT/VDC Technologies from Italy)
(2014/254/EU)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (1), and in particular Article 12(3) thereof,
Having regard to Regulation (EU) no 1309/2013 of the European Parliament and the Council of 17 December 2013 on the European Globalisation Fund (2014-2020) and repealing Regulation (EC) no 1927/2006 (2), and in particular Article 23, second subparagraph, thereof,
Having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (3), and in particular Article 12 thereof,
Having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 2 December 2013 on budgetary discipline, on cooperation in budgetary matters and on sound financial management (4), and in particular point 13 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.
(2) The EGF shall not exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Regulation (EU, Euratom) No 1311/2013.
(3) Italy submitted an application to mobilise the EGF on 31 August 2012 in respect of redundancies in the enterprise VDC Technologies SpA and one supplier and supplemented it by additional information up to 6 September 2013. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 3 010 985.
(4) Notwithstanding Regulation (EC) No 1927/2006 being repealed, it shall continue to apply for applications submitted up to 31 December 2013 by virtue of Article 23, second subparagraph of Regulation (EU) No 1309/2013.
(5) The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Italy,
For the general budget of the European Union for the financial year 2014, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 3 010 985 in commitment and payment appropriations.
This Decision shall be published in the Official Journal of the European Union. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32005R0176 | Commission Regulation (EC) No 176/2005 of 1 February 2005 fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip
| 2.2.2005 EN Official Journal of the European Union L 29/18
COMMISSION REGULATION (EC) No 176/2005
of 1 February 2005
fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4088/87 of 21 December 1987 fixing conditions for the application of preferential customs duties on imports of certain flowers originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip (1), and in particular Article 5(2)(a) thereof,
Whereas:
The Community producer and import prices for uniflorous (bloom) carnations, multiflorous (spray) carnations, large-flowered roses and small-flowered roses as referred to in Article 1b of Regulation (EEC) No 700/88 for a fortnightly period shall be as set out in the Annex.
This Regulation shall enter into force on 2 February 2005.
It shall apply from 2 to 15 February 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32004R0214 | Commission Regulation (EC) No 214/2004 of 6 February 2004 laying down the marketing standard for cherries
| Commission Regulation (EC) No 214/2004
of 6 February 2004
laying down the marketing standard for 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), and in particular Article 2(2) thereof,
Whereas:
(1) Cherries are among the products listed in Annex I to Regulation (EC) No 2200/96 for which standards must be adopted. In the interest of clarity, Commission Regulation (EEC) No 899/87 of 30 March 1987 laying down quality standards for cherries(2), which has been amended several times, should be repealed and replaced by a new regulation. To that end, and in the interest of preserving transparency on the world market, account should be taken of the UN/ECE standard FFV-13 concerning marketing and quality control of cherries recommended by the Working Party on Standardisation of Perishable Produce and Quality Development of the United Nations Economic Commission for Europe (UN/ECE).
(2) Application of these new standards should remove products of unsatisfactory quality from the market, bring production into line with consumer requirements and facilitate trade based on fair competition, thereby helping to improve profitability.
(3) The standards are applicable at all marketing stages. Long-distance transport, storage over a certain period and the various processes the products undergo may cause some degree of deterioration owing to the biological development of the products or their perishable nature. Account should be taken of such deterioration when applying the standard at the marketing stages following dispatch.
(4) As products in the "Extra" class have to be particularly carefully sorted and packaged, only lack of freshness and turgidity is to be taken into account in their case.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,
The marketing standard for cherries falling within CN code 0809 20 shall be as set out in the Annex.
The standards shall apply at all marketing stages under the conditions laid down in Regulation (EC) No 2200/96.
However, at stages following dispatch, products may show, in relation to the requirements of the standard, a slight lack of freshness and turgidity; products graded in classes other than the "Extra" class may show in addition slight deteriorations due to their development and their tendency to perish.
Regulation (EEC) No 899/87 is repealed
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31987R3911 | Council Regulation (EEC) No 3911/87 of 22 December 1987 amending Regulation (EEC) No 827/68 on the common organization of the market in certain products listed in Annex II to the Treaty
| COUNCIL REGULATION (EEC) N° 3911/87
of 22 December 1987
amending Regulation (EEC) N° 827/68 on the common organization of the market in certain products listed in Annex II to the Treaty
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the Community is a Contracting Party to the International Convention on the Harmonized Commodity Description and Coding System, hereinafter referred to as the 'harmonized system', which replaces the Convention of 15 December 1950 on Nomenclature for the Classification of Goods in Customs Tariffs;
Whereas Council Regulation (EEC) N° 2658/87 (3) established, from 1 January 1988, a combined goods nomenclature based on the harmonized system which will meet the requirements both of the Common Customs Tariff and of the external trade statistics of the Community;
Whereas, as a consequence, it is necessary to express the descriptions of goods and tariff heading numbers which appear in Council Regulation (EEC) N° 827/68 (4), as last amended by Regulation (EEC) N° 2966/80 (5), according to the terms of the combined nomenclature based on the harmonized system;
Whereas aquatic invertebrates, other than crustaceans and molluscs, and preparations thereof are presently classified in subheadings 01.06 C, 02.04 C II, 02.06 C III and 16.02 B of the Common Customs Tariff; whereas, as a result, they are covered by Regulation (EEC) N° 827/68; whereas in the harmonized system they will be classified in heading Nos 0307 and 1605; whereas, therefore, it is desirable that the said aquatic invertebrates and preparations thereof be covered by Regulation (EEC) N° 3796/81 of 29 December
(1) Opinion delivered on 18 December 1987 (not yet published in the Official Journal).
(2) Opinion delivered on 16 December 1987 (not yet published in the Official Journal).
(3) OJ N° L 256, 7. 9. 1987, p. 1.
(4) OJ N° L 151, 30. 6. 1968, p. 16.
(5) OJ N° L 307, 18. 11. 1980, p. 5.
1981 on the common organization of the market in fishery products (6), as last amended by Regulation (EEC) N° 3759/87 (7); whereas, as a result, they are no longer to be covered by Regulation (EEC) N° 827/68;
Whereas certain edible flours and meals of meat or meat offal are classified in subheadings of heading N° 02.06 of the Common Customs Tariff presently in force, which are covered by Regulation (EEC) N° 827/68; whereas in the combined nomenclature, by way of simplification, a single subheading has been established to cover all edible flours and meals of meat or meat offal; whereas it is desirable that the said flours and meals be covered by Council Regulation (EEC) N° 805/68 of 27 June 1968 on the common organization of the market in beef and veal (8), as last amended by Regulation (EEC) N° 3905/87 (9); whereas, as a result, they should no longer be covered by Regulation (EEC) N° 827/68;
Whereas certain mixtures of dried nuts are classified, according to their essential character, in subheadings of Chapter 8 of the Common Customs Tariff presently in force, which are covered by Regulation (EEC) N° 827/68; whereas in the combined nomenclature, by way of simplification, a single subheading has been established to cover all mixtures of dried nuts; whereas it is desirable that the said mixtures be covered by Council Regulation (EEC) N° 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (10), as last amended by Regulation (EEC) N° 3910/87 (11); whereas, as a result, they should no longer be covered by Regulation (EEC) N° 827/68;
Whereas certain mixtures of dried fruits, or of dried fruits and nuts, are classified according to their essential character, in subheadings of the Common Customs Tariff presently in force which are covered by Regulation (EEC) N° 827/68; whereas in the combined nomenclature by way of simplification, a single subheading has been established to cover all mixtures of dried fruits and of dried fruits and nuts; whereas, it is desirable that the said mixtures be covered by Council Regulation (EEC) N° 426/86 of 24 February 1986 (12) on the common organization of the markets in processed fruit and vegetables, as last amended by Regulation (EEC) N° 3909/87 (13); whereas, as a result, they should no longer be covered by Regulation (EEC) N° 827/68;
¹(6) OJ N° L 379, 31. 12. 1981, p. 1.
¹(7) OJ N° L 359, 21. 12. 1987, p. 1.
¹(8) OJ N° L 148, 28. 6. 1968, p. 1.
¹(9) See page 7 of this Official Journal.
(10) OJ N° L 118, 20. 5. 1972, p. 1.
(11) See page 33 of this Official Journal.
(12) OJ N° L 49, 27. 2. 1986, p. 1.
(13) See page 20 of this Official Journal.
Whereas certain homogenized preparations of meat, meat offal or blood, preparations of animal blood, and stuffed pasta containing more than 20 % by weight of sausages and the like, meat and meat offal, including fats, are classified
in subheadings of heading N° 16.02 of the Common Customs Tariff presently in force, which are covered by Regulation (EEC) N° 827/68; whereas in the combined nomenclature, by way of simplification, single subheadings have been established for each of the aforementioned preparations; whereas it is desirable that the said preparations be covered by Council Regulation (EEC) N° 2759/75 of 29 October 1975 on the common organization of the market in pigmeat (1), as last amended by Regulation (EEC) N° 3906/87 (2); whereas, as a result, they should no longer be covered by Regulation (EEC) N° 827/68,
The Annex to Regulation (EEC) N° 827/68 is hereby replaced by the Annex to this Regulation.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect fom 1 January 1988.
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 |
31989L0365 | Council Directive 89/365/EEC of 30 May 1989 amending Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances
| COUNCIL DIRECTIVE
of 30 May 1989
amending Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances
(89/365/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (1), as last amended by Directive 87/477/EEC (2), and in particular Article 6 (3) thereof,
Having regard to the proposal from the Commission,
Whereas Directive 79/117/EEC provided for the contents of its Annex to be regularly amended to take account of the development of scientific and technical knowledge;
Whereas, by Directive 86/355/EEC (3), amending the Annex to Directive 79/117/EEC, the marketing and use of ethylene oxide as a plant protection product was prohibited, subject to certain temporary national exceptions for certain minor commodities, where special need exists, until other methods of treatment become available;
Whereas these exceptions will expire on 31 December 1989;
Whereas the Commission has reviewed the situation concerning possible satisfactory alternative methods of treatment to replace ethylene oxide; whereas it appears from this review that, at present, there is no such alternative method of treatment generally available in respect of two of these exceptions;
Whereas, accordingly, it seems necessary to postpone the expiry date of these two exceptions,
The Annex to Directive 79/117/EEC is hereby amended as follows:
In entry C 'Ethylene oxide', in the right-hand column, the final sentence is replaced by the following:
'Derogations (a), (d), and (e) shall expire on 31 December 1989 at the latest and derogations (b) and (c) on 31 December 1990 at the latest.'
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1989. They shall forthwith inform the Commission thereof.
This Directive is addressed to the Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32010R0081 | Commission Regulation (EU) No 81/2010 of 28 January 2010 fixing the coefficients applicable to cereals exported in the form of Irish whiskey for the period 2009/10
| 29.1.2010 EN Official Journal of the European Union L 25/10
COMMISSION REGULATION (EU) No 81/2010
of 28 January 2010
fixing the coefficients applicable to cereals exported in the form of Irish whiskey for the period 2009/10
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of 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 1670/2006 of 10 November 2006 laying down certain detailed rules for the application of Council Regulation (EC) No 1784/2003 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks (2), and in particular Article 5 thereof,
Whereas:
(1) Article 4(1) of Regulation (EC) No 1670/2006 lays down that the quantities of cereals eligible for the refund are to be the quantities placed under control and distilled, weighted by a coefficient to be fixed annually for each Member State concerned. The coefficient is to express the average ratio between the total quantities exported and the total quantities marketed of the spirit drink concerned, on the basis of the trend noted in those quantities during the number of years corresponding to the average ageing period of the spirit drink in question.
(2) According to the information provided by Ireland in respect of the period 1 January to 31 December 2008, the average ageing period for Irish whiskey in 2008 was 5 years.
(3) The coefficients for the period 1 October 2009 to 30 September 2010 should therefore be fixed accordingly.
(4) Article 10 of Protocol 3 to the Agreement on the European Economic Area excludes the grant of refunds in respect of exports to Liechtenstein, Iceland and Norway. Moreover, the Community has concluded agreements abolishing export refunds with certain third countries. Under the terms of Article 7(2) of Regulation (EC) No 1670/2006, that should be taken into account in calculating the coefficients for 2009/10.
(5) Commission Regulation (EC) No 1214/2008 of 5 December 2008 fixing the coefficients applicable to cereals exported in the form of Irish whiskey for the period 2008/2009 (3) has exhausted its effects, as it concerns the coefficients applicable for the year 2008/2009. For reasons of legal security and clarity, the abovementioned Regulation should be repealed,
For the period 1 October 2009 to 30 September 2010, the coefficients provided for in Article 4 of Regulation (EC) No 1670/2006 applying to cereals used in Ireland for producing Irish whiskey shall be as set out in the Annex to this Regulation.
Regulation (EC) No 1214/2008 is hereby repealed.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 October 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 |
31975D0435 | 75/435/EEC: Commission Decision of 8 July 1975 on the reform of agricultural structures in the Grand Duchy of Luxembourg pursuant to Council Directive No 72/159/EEC (Only the French text is authentic)
| COMMISSION DECISION of 8 July 1975 on the reform of agricultural structures in the Grand Duchy of Luxembourg pursuant to Council Directive No 72/159/EEC (Only the French text is authentic) (75/435/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community;
Having regard to Council Directive No 72/159/EEC (1) on the modernization of farms, and in particular Article 18 (3) thereof;
Whereas on 29 April 1975 the Luxembourg Government, pursuant to Article 17 (4) of Directive No 72/159/EEC, notified a ministerial order of 19 February 1975 laying down certain rules of application for the Grand-Ducal Regulation of 21 May 1974 on the modernization of farms in pursuance of the Agricultural Guidance Law of 23 April 1965 and of Directive No 72/159/EEC;
Whereas Article 18 (3) of Directive No 72/159/EEC requires the Commission to determine whether, having regard to the abovementioned ministerial order of 19 February 1975, the existing provisions for the implementation of the Directive in the Grand Duchy of Luxembourg which form the subject of Commission Decision No 75/8/EEC (2) of 27 November 1974 on the reform of agricultural structures in the Grand Duchy of Luxembourg pursuant to Directives No 72/159/EEC and No 72/160/EEC, continue to satisfy the conditions for financial contribution to common measures as referred to in Article 15 of Directive No 72/159/EEC;
Whereas the comparable income, its rate of growth and the return on capital for 1975 as indicated in the abovementioned order, correspond to the objectives of Article 4 of Directive No 72/159/EEC;
Whereas the measures provided for in this Decision are in accordance with the Opinion of the Standing Committee on Agricultural Structure,
The Grand Ducal Regulation of 21 May 1974 on the modernization of farms pursuant to the Agricultural Guidance Law of 23 April 1965 and to Directive No 72/159/EEC, as notified by the Government of Luxembourg and as now applicable in the light of the ministerial order of 19 February 1975, continues to satisfy the conditions for financial contribution by the Community to common measures within the meaning of Article 15 of Directive No 72/159/EEC.
This Decision is addressed to the Grand Duchy of Luxembourg. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32010D0590 | 2010/590/EU: Council Decision of 27 September 2010 appointing one Danish member and five alternate Danish members of the Committee of the Regions
| 2.10.2010 EN Official Journal of the European Union L 260/20
COUNCIL DECISION
of 27 September 2010
appointing one Danish member and five alternate Danish members of the Committee of the Regions
(2010/590/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 Danish 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) A member’s seat on the Committee of the Regions has become vacant following the end of term of Ms Tove LARSEN. Four alternate members’ seats have become available following the end of term of Mr Erik Bent NIELSEN, Mr Johnny SØTRUP, Mr Bo ANDERSEN and Ms Jane Findahl LINDSKOV. One alternate member’s seat has become available following the appointment of Mr Jan BOYE as a member of the Committee of the Regions,
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:
(a) as member:
— Ms Kirstine Helene BILLE, Borgmester;
(b) as alternate members:
— Mr Steen Ole DAHLSTRØM, Borgmester,
— Mr Carsten KISSMEYER-NIELSEN, Borgmester,
— Mr Martin MERRILD, 2. viceborgmester,
— Ms Tatiana SØRENSEN, Byrådsmedlem,
— Mr Hans Freddie Holmgaard MADSEN, Byrådsmedlem.
This Decision shall take effect on the day of its adoption. | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32015R0427 | Council Implementing Regulation (EU) 2015/427 of 13 March 2015 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
| 14.3.2015 EN Official Journal of the European Union L 70/1
COUNCIL IMPLEMENTING REGULATION (EU) 2015/427
of 13 March 2015
implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1), and in particular Article 14(1) and (3) thereof.
Whereas:
(1) On 17 March 2014, the Council adopted Regulation (EU) No 269/2014.
(2) On the basis of a review by the Council, the entries in the Annex for fifty persons should be amended, and the entry for one deceased person should be deleted.
(3) Annex I to Regulation (EU) No 269/2014 should be amended accordingly,
Annex I to Regulation (EU) No 269/2014 is amended as set out 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 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31995D0549 | 95/549/EC: Commission Decision of 8 December 1995 amending Decision 93/495/EEC laying down specific conditions for importing fishery products from Canada (Text with EEA relevance)
| COMMISSION DECISION of 8 December 1995 amending Decision 93/495/EEC laying down specific conditions for importing fishery products from Canada (Text with EEA relevance) (95/549/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/493/EEC of 22 July 1991 (1), laying down the health conditions for the production and the placing on the market of fishery products, as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 11 (5) thereof,
Whereas the list of establishments and factory ships approved by Canada for importing fishery products into the Community has been drawn up in Commission Decision 93/495/EEC (2), as last amended by Decision 95/351/EC (3); whereas this list may be amended following the communication of a new list by the competent authority in Canada;
Whereas the competent authority in Canada has communicated a new list adding 19 establishments deleting 758 establishments and amending the data of 4 establishments;
Whereas it is necessary to amend the list of approved establishments;
Whereas the measures provided for in this Decision have been drawn up in accordance with the procedure laid down by Commission Decision 90/13/EEC (4),
Annex B of Decision 93/495/EEC is replaced by the Annex of 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 |
32007R0241 | Commission Regulation (EC) No 241/2007 of 7 March 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables
| 8.3.2007 EN Official Journal of the European Union L 68/1
COMMISSION REGULATION (EC) No 241/2007
of 7 March 2007
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
This Regulation shall enter into force on 8 March 2007.
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 |
32008L0028 | Directive 2008/28/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2005/32/EC establishing a framework for the setting of ecodesign requirements for energy-using products, as well as Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC, as regards the implementing powers conferred on the Commission
| 20.3.2008 EN Official Journal of the European Union L 81/48
DIRECTIVE 2008/28/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 March 2008
amending Directive 2005/32/EC establishing a framework for the setting of ecodesign requirements for energy-using products, as well as Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC, as regards the implementing powers conferred on the Commission
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),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) Directive 2005/32/EC of the European Parliament and of the Council (3) and three directives which constitute implementing measures thereto within the meaning of Article 15 thereof, namely Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels (4), Directive 96/57/EC of the European Parliament and of the Council of 3 September 1996 on energy efficiency requirements for household electric refrigerators, freezers and combinations thereof (5) and Directive 2000/55/EC of the European Parliament and of the Council of 18 September 2000 on energy efficiency requirements for ballasts for fluorescent lighting (6), stipulate that certain measures should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7).
(2) Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.
(3) In accordance with the statement by the European Parliament, the Council and the Commission (8) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.
(4) The statement comprises a list of instruments to be adjusted as a matter of urgency, including Directive 2005/32/EC. Adjusting that Directive necessitates adjusting Directives 92/42/EEC, 96/57/EC and 2000/55/EC.
(5) The Commission should be empowered to amend or repeal Directives 92/42/EEC, 96/57/EC and 2000/55/EC. Such amendment or repeal must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
(6) In addition, the Commission should be empowered to adopt implementing measures laying down ecodesign requirements for defined energy-using products, including the introduction of implementing measures during the transitional period, and including where appropriate provisions on the balancing of the various environmental aspects. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2005/32/EC by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny.
(7) Directive 2005/32/EC and Directives 92/42/EEC, 96/57/EC and 2000/55/EC should therefore be amended accordingly.
(8) Since the amendments made to Directive 2005/32/EC, as well as to Directives 92/42/EEC, 96/57/EC and 2000/55/EC, by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,
Amendments to Directive 2005/32/EC
Directive 2005/32/EC is hereby amended as follows:
1. in Article 13, the following paragraph shall be inserted:
2. Article 15 shall be amended as follows:
(a) paragraph 1 shall be replaced by the following:
(b) paragraph 10 shall be replaced by the following:
3. Article 16(2) shall be amended as follows:
(a) in the introductory wording, the words ‘the procedure laid down in Article 19(2) and’ shall be deleted;
(b) the following subparagraph shall be added:
4. Article 19(3) shall be replaced by the following:
Amendment to Directive 92/42/EEC
In Article 10a of Directive 92/42/EEC, the words ‘in accordance with Article 19(2) of Directive 2005/32/EC’ shall be replaced by the words ‘in accordance with Article 19(3) of Directive 2005/32/EC’.
Amendment to Directive 96/57/EC
In Article 9a of Directive 96/57/EC, the words ‘in accordance with Article 19(2) of Directive 2005/32/EC’ shall be replaced by the words ‘in accordance with Article 19(3) of Directive 2005/32/EC’.
Amendment to Directive 2000/55/EC
In Article 9a of Directive 2000/55/EC, the words ‘in accordance with Article 19(2) of Directive 2005/32/EC’ shall be replaced by the words ‘in accordance with Article 19(3) of Directive 2005/32/EC’.
Entry into force
This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
Adressees
This Directive is addressed to the Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31985R0159 | Commission Regulation (EEC) No 159/85 of 22 January 1985 re-establishing the levying of customs duties on methanol (methyl alcohol), falling within subheading 29.04 A I and originating in Saudi Arabia, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3562/84 apply
| COMMISSION REGULATION (EEC) No 159/85
of 22 January 1985
re-establishing the levying of customs duties on methanol (methyl alcohol), falling within subheading 29.04 A I and originating in Saudi Arabia, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3562/84 apply
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3562/84 of 18 December 1984 applying generalized tariff preferences for 1985 in respect of certain industrial products originating in developing countries (1), and in particular Article 13 thereof,
Whereas, pursuant to Articles 1 and 10 of that Regulation, suspension of customs duties shall be accorded to each of the countries or territories listed in Annex III other than those listed in column 4 of Annex I, within the framework of the preferential tariff ceiling fixed in column 9 of Annex I; whereas, as provided for in Article 11 of that Regulation, as soon as the individual ceilings in question are reached at Community level, the levying of customs duties on imports of the products in question originating in each of the countries and territories concerned may at any time be re-established;
Whereas, in the case of methanol (methyl alcohol) falling within subheading 29.04 A I, the individual ceiling was fixed at 320 400 ECU; whereas, on 21 January 1985, imports of these products into the Community originating in Saudi Arabia reached that ceiling after being charged thereagainst;
Whereas, it is appropriate to re-establish the levying of customs duties in respect of the products in question against Saudi Arabia,
As from 24 January 1985, the levying of customs duties, suspended pursuant to Council Regulation (EEC) No 3562/84 shall be re-established on imports into the Community of the following products originating in Saudi Arabia:
1.2 // // // CCT heading No // Description // // // 29.04 A I (NIMEXE 29.04-11) // Methanol (methyl alcohol) // //
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32006D0062 | 2006/62/EC: Council Decision of 23 January 2006 enabling countries covered by the European Neighbourhood Policy, as well as Russia, to benefit from the Technical Assistance and Information Exchange (TAIEX) Programme
| 4.2.2006 EN Official Journal of the European Union L 32/80
COUNCIL DECISION
of 23 January 2006
enabling countries covered by the European Neighbourhood Policy, as well as Russia, to benefit from the Technical Assistance and Information Exchange (TAIEX) Programme
(2006/62/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 181a(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) In the area of pre-accession aid, centralised indirect management has proved a valuable tool in the past, in particular concerning the operations of the Office for Technical Assistance and Information Exchange (TAIEX).
(2) The European Neighbourhood Policy’s (ENP) objective, as stated in the Commission’s Strategy Paper adopted in May 2004, is to share the benefits of the European Union’s 2004 enlargement with neighbouring countries and to use some of the instruments and experience gained during the enlargement process to bring partner countries closer to the European Union, aiming at gradual economic integration and a deepening of political cooperation. The European Neighbourhood countries should therefore be able to benefit from TAIEX.
(3) At the 15th EU-Russia Summit on 10 May 2005, the EU and Russia adopted roadmaps for the creation of four common spaces which set out objectives similar to those of the ENP, namely to intensify bilateral cooperation and to pursue regulatory convergence and legislative approximation towards higher standards.
(4) Russia will be eligible for funding under the future European Neighbourhood and Partnership Instrument (ENPI).
(5) Article 54(2) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) (the Financial Regulation) allows for the implementation of the Community budget through centralised indirect management and sets specific requirements for implementation, provided this is authorised by the basic act of the programme.
(6) A harmonised implementation of the assistance through TAIEX is necessary. This Decision should therefore follow the same approach as Council Regulation (EEC) No 3906/89 of 18 December 1989 on economic aid to certain countries of central and eastern Europe (3) (Phare), Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia (4) (CARDS) and Council Regulation (EC) No 2500/2001 of 17 December 2001 concerning pre-accession financial assistance for Turkey (5).
(7) Part of the actions of Council Regulation (EC, Euratom) No 99/2000 of 29 December 1999 concerning the provision of assistance to the partner States in eastern Europe and central Asia (6) falls within the scope of the Treaty establishing the European Atomic Energy Community (Euratom Treaty). Such parts are not concerned by this Decision,
The purpose of this Decision is to enable countries covered by the European Neighbourhood Policy, as well as Russia, particularly those with action plans or roadmaps under implementation, to benefit from assistance through TAIEX, which will provide targeted technical assistance to aid the partner countries in understanding and drafting legislation related to the action plans and to help them with implementation and enforcement.
For the purposes of implementing Council Regulation (EC) No 1488/96 of 23 July 1996 on financial and technical measures to accompany the reform of economic and social structures in the framework of the Euro-Mediterranean partnership (MEDA) (7) and Regulation (EC, Euratom) No 99/2000, the Commission may, in accordance with Article 54(2) of the Financial Regulation, decide to entrust tasks of public authority and, in particular, budget implementation tasks following from such decision to the body implementing the TAIEX programme implemented under Regulation (EEC) No 3906/89, Regulation (EC) No 2666/2000 and Regulation (EC) No 2500/2001.
This Decision shall not apply to those parts of actions implemented pursuant to Regulation (EC, Euratom) No 99/2000 that fall within the scope of the Euratom Treaty.
Activities authorised by this Decision shall be financed from budget heading 19 06 01 ‘Assistance to partner countries in eastern Europe and central Asia’, and the associated budget heading for administrative costs 19 01 04 07, and budget heading 19 08 02 01 MEDA (measures to accompany the reforms to the economic and social structures in the Mediterranean non-member countries) and the associated budget heading for administrative costs 19 01 04 06. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31990R2569 | Commission Regulation (EEC) No 2569/90 of 5 September 1990 amending Regulation (EEC) No 19/82 laying down detailed rules for applying Council Regulation (EEC) No 2641/90 with regard to imports of sheepmeat and goatmeat products originating in certain non-Member countries
| COMMISSION REGULATION (EEC) No 2569/90
of 5 September 1990
amending Regulation (EEC) No 19/82 laying down detailed rules for applying Council Regulation (EEC) No 2641/90 with regard to imports of sheepmeat and goatmeat products originating in certain non-member countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3013/89 of 25 September 1989 on the common organization of the market in sheepmeat and goatmeat (1), and in particular Article 15 (2) thereof,
Having regard to Council Regulation (EEC) No 2641/80 of 14 October 1980 derogating from certain import rules laid down in Regulation (EEC) No 1837/80 on the common organization of the market in sheepmeat and goatmeat (2), as amended by Regulation (EEC) No 3939/87 (3), and in particular Article 1 (2) thereof,
Whereas Commission Regulation (EEC) No 19/82 of 6 January 1982 laying down detailed rules for applying Regulation (EEC) No 2641/80 with regard to imports of sheepmeat and goatmeat products originating in certain non-member countries (4), as amended by Regulation (EEC) No 1868/90 (5), relates in particular to licences issued in the framework of voluntary-restraint agreements and Annex III thereof contains a list of authorities in third countries empowered to issue export licences;
Whereas the People's Republic of Bulgaria has changed the authority empowered to issue export licences; Whereas Annex III to Regulation (EEC) No 19/82 should accordingly by modified by details of the authority of the People's Republic of Bulgaria now empowered to issue export licences;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sheep and Goats,
In point IV of Annex III to Regulation (EEC) No 19/82: 'Bodopaimoex' is replaced by 'Ministry of Foreign Economic Relations'.
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 September 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32006R0573 | Commission Regulation (EC) No 573/2006 of 6 April 2006 concerning tenders notified in response to the invitation to tender for the import of sorghum issued in Regulation (EC) No 2094/2005
| 7.4.2006 EN Official Journal of the European Union L 99/20
COMMISSION REGULATION (EC) No 573/2006
of 6 April 2006
concerning tenders notified in response to the invitation to tender for the import of sorghum issued in Regulation (EC) No 2094/2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003, on the common organisation of the market in cereals (1), and in particular Article 12(1) thereof,
Whereas:
(1) An invitation to tender for the maximum reduction from third countries in the duty on sorghum imported into Spain was opened pursuant to Commission Regulation (EC) No 2094/2005 (2).
(2) Article 7 of Commission Regulation (EC) No 1839/95 (3), allows the Commission to decide, in accordance with the procedure laid down in Article 25 of Regulation (EC) No 1784/2003 and on the basis of the tenders notified to make no award.
(3) On the basis of the criteria laid down in Articles 6 and 7 of Regulation (EC) No 1839/95 a maximum reduction in the duty should not be fixed.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
No action shall be taken on the tenders notified from 31 March to 6 April 2006 in response to the invitation to tender for the reduction in the duty on imported sorghum issued in Regulation (EC) No 2094/2005.
This Regulation shall enter into force on 7 April 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32005R0526 | Commission Regulation (EC) No 526/2005 of 1 April 2005 fixing the maximum export refund on wholly milled and parboiled long grain B rice to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 2032/2004
| 2.4.2005 EN Official Journal of the European Union L 84/16
COMMISSION REGULATION (EC) No 526/2005
of 1 April 2005
fixing the maximum export refund on wholly milled and parboiled long grain B rice to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 2032/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (1), and in particular Article 14(3) thereof,
Whereas:
(1) An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 2032/2004 (2).
(2) Article 5 of Commission Regulation (EEC) No 584/75 (3) allows the Commission to fix, in accordance with the procedure laid down in Article 26(2) of Regulation (EC) No 1785/2003 and on the basis of the tenders submitted, a maximum export refund. In fixing this maximum, the criteria provided for in Article 14(4) of Regulation (EC) No 1785/2003 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum export refund.
(3) The application of the abovementioned criteria to the current market situation for the rice in question results in the maximum export refund being fixed at the amount specified in Article 1.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
The maximum export refund on wholly milled and parboiled long grain B rice to be exported to certain third countries pursuant to the invitation to tender issued in Regulation (EC) No 2032/2004 is hereby fixed on the basis of the tenders submitted from 28 to 31 March 2005 at 57,00 EUR/t.
This Regulation shall enter into force on 2 April 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32001D0209 | 2001/209/EC: Commission Decision of 15 March 2001 amending for the second time Decision 2001/172/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom (Text with EEA relevance) (notified under document number C(2001) 761)
| Commission Decision
of 15 March 2001
amending for the second time Decision 2001/172/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
(notified under document number C(2001) 761)
(Text with EEA relevance)
(2001/209/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), as last amended by Directive 92/118/EEC(2), and in particular Article 10 thereof,
Whereas:
(1) Following the reports of outbreaks of foot-and-mouth disease in the United Kingdom, the Commission adopted Decision 2001/172/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom(3), as last amended by Decision 2001/190/EC(4).
(2) An outbreak of foot-and-mouth disease has been declared in France.
(3) The foot-and-mouth disease situation in certain parts of the Community is liable to endanger the herds in other parts of the Community in view of the potential mechanical spread of virus through movement of equidae from protection and surveillance zones established in accordance with Article 9 of Council Directive 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot-and-mouth disease(5), as last amended by the Act of Accession of Austria, Finland and Sweden.
(4) In accordance with Article 8 of Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and imports from third countries of equidae(6), as last amended by the Act of Accession of Austria, Finland and Sweden, equidae intended for intra-Community trade must be accompanied by a veterinary document.
(5) Registered equidae must be accompanied by a veterinary attestation as provided for in Annex B of Directive 90/426/EEC, which does not disclose the place of destination. Equidae for breeding, production and slaughter must be accompanied by a health certificate as provided for in Annex C of that Directive, which allows controlling the movement of such animals from the place of dispatch to the place of destination.
(6) Furthermore, in accordance with Article 6 of Directive 90/426/EEC certain Member States have implemented alternative control instruments and granted one another derogations from the requirement of veterinary certification for registered equidae.
(7) The disease situation in certain parts of the Community requires reinforcing the control measures for foot-and-mouth disease taken by Member States by adopting, in close cooperation with the Member States, additional Community protective measures, notably those related to controlled movement of equidae from areas under restrictions to other Member States.
(8) Therefore, it appears necessary to adapt the measures laid down in Decision 2001/172/EC to the current disease situation by amending this Decision for the second time.
(9) The situation shall be reviewed at the meeting of the Standing Veterinary Committee scheduled for 20 March 2001 and the measures adapted where necessary.
(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
A fifth paragraph is added to Article 11a of Decision 2001/172/EC as follows:
"5. The United Kingdom shall ensure that equidae dispatched from its territory to another Member State are accompanied by an animal health certificate in accordance with the model in Annex C of Directive 90/426/EEC, which shall only be issued for equidae that for the past 15 days prior to certification have not been in a protection and surveillance zone established in accordance with Article 9 of Directive 85/511/EEC."
Member States shall amend the measures which they apply to trade so as to bring them into compliance with this Decision. They shall immediately inform the Commission thereof.
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 |
32001R0718 | Commission Regulation (EC) No 718/2001 of 10 April 2001 adapting Council Regulation (EC) No 2200/96 as regards the Combined Nomenclature codes for areca (or betel) and cola nuts
| Commission Regulation (EC) No 718/2001
of 10 April 2001
adapting Council Regulation (EC) No 2200/96 as regards the Combined Nomenclature codes for areca (or betel) and cola nuts
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural products(1), as last amended by Regulation (EC) No 3290/94(2), and in particular Article 2(1) thereof,
Whereas:
(1) Commission Regulation (EC) No 2388/2000 of 13 October 2000 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff(3) amends the Combined Nomenclature, in particular as regards areca (or betel) and cola nuts.
(2) The table in Article 1(2) of Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables(4), as last amended by Regulation (EC) No 2826/2000(5), should therefore be adapted.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
In the table in Article 1(2) of Regulation (EC) No 2200/96, ">TABLE>"
is replaced by: ">TABLE>".
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 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
32005D0037 | 2005/37/EC: Commission Decision of 29 October 2004 establishing the European Technical and Scientific Centre (ETSC) and providing for coordination of technical actions to protect euro coins against counterfeiting
| 21.1.2005 EN Official Journal of the European Union L 19/73
COMMISSION DECISION
of 29 October 2004
establishing the European Technical and Scientific Centre (ETSC) and providing for coordination of technical actions to protect euro coins against counterfeiting
(2005/37/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,
Having regard to Council Decision 2003/861/EC of 8 December 2003 concerning analysis and cooperation with regard to counterfeit euro coins (1) and Council Decision 2003/862/EC of 8 December 2003 extending the effects of Decision 2003/861/EC concerning analysis and cooperation with regard to counterfeit euro coins to those Member States which have not adopted the euro as their single currency (2),
Whereas:
(1) Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (3), and in particular Article 5 thereof, provides for the analysis and classification of counterfeit coins by the Coin National Analysis Centre (CNAC) in each of the EU Member States and by the European Technical and Scientific Centre (ETSC). Council Regulation (EC) No 1339/2001 (4) extends the effects of Articles 1 to 11 of Regulation (EC) No 1338/2001 to the Member States which have not adopted the euro as the single currency.
(2) Since October 2001, the ETSC has been carrying out its tasks on a temporary basis at the French Mint with administrative support and management provided by the Commission, in line with an exchange of letters between the President of the Council and the French Finance Minister of 28 February and 9 June 2000.
(3) The ETSC contributes to the fulfilment of the objectives of the ‘Pericles’ programme pursuant to Council Decision 2001/923/EC of 17 December 2001 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (5) and Council Decision 2001/924/EC of 17 December 2001 extending the effects of the Decision establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (Pericles programme) to the Member States which have not adopted the euro as the single currency (6).
(4) Article 1 of Decision 2003/861/EC provides that the Commission shall establish the ETSC and ensure its functioning and the coordination of the activities of the competent technical authorities to protect euro coins against counterfeiting. Article 1 of Decision 2003/862/EC extends Decision 2003/861/EC to the Member States which have not adopted the euro as the single currency.
(5) The French authorities have taken the commitment, through a letter from the French Finance Minister, dated 6 September 2004, to maintain the current sharing of the relevant costs. An exchange of letters between the Member of the Commission responsible for the fight against fraud and the French Finance Minister, regarding the establishment of the ETSC on a permanent basis for the analysis and classification of counterfeit euro coins, will reiterate the principles that emerged from the ETSC’s activities during the period it was temporarily hosted at the French Mint, based on the exchange of letters between the Council Presidency and the French Finance Minister on 28 February and 9 June 2000.
(6) The Economic and Financial Committee (EFC), the European Central Bank, Europol and the competent national authorities should be informed regularly of the activities of the ETSC and of the situation regarding euro coin counterfeiting.
(7) Therefore, the ETSC should be established within the Commission in Brussels, attached to the European Anti-Fraud Office (OLAF).
(8) The coordination by the Commission of the measures taken by the competent technical authorities to protect euro coins against counterfeiting includes methods for analysing counterfeit euro coins, the study of new cases of coin counterfeiting and assessment of the consequences, exchanges of information on the activities of the CNACs and the ETSC, external communication on counterfeit coins, the detection of such coins by coin processing equipment and the study of any technical problems relating to these coins.
(9) This coordination requires the continued efforts, within the Advisory Committee for Coordination of the Fight against Fraud (7), of the Counterfeit Coin Experts Group, comprising the experts in charge of the CNAC and ETSC, which the Commission manages and chairs, while providing periodic information to the EFC.
(10) In order to act on Decisions 2003/861/EC and 2003/862/EC,
Article 1
The European Technical and Scientific Centre (ETSC) is established within the Commission in Brussels, attached to OLAF.
The ETSC shall analyse and classify every new type of counterfeit euro coin in line with the provisions of Article 5 of Regulation (EC) 1338/2001. It contributes to the fulfilment of the objectives of the Pericles programme pursuant to Article 4 of Decision 2001/923/EC. It assists the Coin National Analysis Centres (CNAC) and the law-enforcement authorities and collaborates with the relevant authorities in the analysis of counterfeit euro coins and the strengthening of protection.
The principles on which the organisation of the ETSC will be based are the following:
— The Commission may second members of its personnel to the French Mint in order to use its facilities for the analysis of coins.
— In accomplishing its functions, the ETSC will be able to use the personnel and equipment of the French Coin National Analysis Centre and the laboratory of the French Mint in Pessac. The French authorities will place the appropriate personnel and equipment at the disposal of the ETSC as a priority.
— Under the applicable financial regulations, the part of the expenses attributable to the work carried out by the ETSC will be charged to the general budget of the European Communities. Since France will provide the abovementioned personnel, premises and equipment and will be responsible for their maintenance, the Community budget will meet the salaries of the personnel recruited by the Commission, travelling expenses and sundry minor current expenditure.
OLAF shall define, in cooperation with the French Mint, the rules and administrative modalities applicable to the ETSC.
The Commission shall coordinate the necessary actions to protect euro coins against counterfeiting through periodic meetings of counterfeit coin experts.
The Economic and Financial Committee, the European Central Bank, Europol and the competent national authorities shall be kept regularly informed of the ETSC’s activities and of the situation as regards coin counterfeiting. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.666667 | 0.333333 |
31987R2253 | Council Regulation (EEC) No 2253/87 of 23 July 1987 terminating the review proceeding and repealing the anti-dumping measures concerning imports of urea and ammonium nitrate in liquid solution originating in the United States of America
| COUNCIL REGULATION (EEC) No 2253/87
of 23 July 1987
terminating the review proceeding and repealing the anti-dumping measures concerning imports of urea and ammonium nitrate in liquid solution originating in the United States of America
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 subsidzed imports from countries not members of the European Economic Community (1), and in particular Articles 14 and 15 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee set up by the abovementioned Regulation,
Whereas:
A. Procedure
(1) In February 1986 the Commission received a request for a review of the anti-dumping measures, and in particular those provided for by Regulation (EEC) No 349/81 (2), concerning imports of urea and ammonium nitrate in liquid solution (hereafter referred to as UAN) originating in the United States of America.
(2) The request for a review, lodged by the Common Market Committee of the Nitrogenous and Phosphatic Fertilizers Industry (CMC-Engrais) on behalf of manufacturers accounting for almost all of Community production of the product in question, contained evidence of renewed dumping and of injury caused thereby which was considered sufficient to justify review of the abovementioned measures.
The Commission accordingly announced, by a notice in Official Journal of the European Communities, (3) the initiation of a review of anti-dumping measures concerning imports into the Community of UAN falling within Common Customs Tariff subheading ex 31.02 C and corresponding to NIMEXE code 31.02-90, originating in the United States of America.
(3) The Commission officially advised the producers/exporters and importers known to be concerned and the complainant and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.
(4) No submissions were made on behalf of Community buyers of the product in question.
(5) The Commission sought and verified all information it deemed to be necessary for the purposes of establishing the facts and carried out inspections at the premises of the following:
Producers/exporters
- Agrico Chemical Company, Tulsa Oklahoma,
- Arcadian Corporation, Parsipanny, New Jersey,
- CF Industries Inc., Long Grove, Illinois,
- Kaichem International Inc., Savannah, Georgia,
- Nitron International Corporation, Greenwich, Connecticut.
Importer
- Kaichem International BV Breda, Netherlands.
(6) The investigation of dumping covered the period from 1 July 1985 to 30 June 1986.
B. Dumping
(a) Export price
(7) As a general rule, export prices were determined on the basis of the prices actually paid for the products sold for export to the Community.
(8) In the case of exports to subsidiaries established in the Community, export prices were reconstructed on the basis of the price at which the imported product was first resold to an independent buyer, suitably adjusted to take account of all costs incurred between importation and resale, including customs duties and a 2 % profit margin. This profit margin was considered reasonable in the light of the profit margins of independent importers of the product in question.
(b) Normal value
(9) For each of the producers/exporters concerned the normal value was established on the basis of the weighted average of comparable domestic selling prices actually paid or payable to these producers/exporters in the ordinary course of trade for like products intended for domestic consumption.
(c) Comprarison
(10) In comparing normal value with export prices, the Commission took account, where appropriate, of differences affecting price comparability, such as discounts and quantity rebates, commissions, credit terms, transport and insurance, handling, packing and related costs, salesmen's salaries, physical characteristics. Due allowance for such differences was made where claims in these areas could be satisfactorily substantiated.
(11) All comparisons were made at the same level of trade - at the ex-producer/exporter level.
(d) Dumping margin
(12) A comparison between the normal value and export prices showed that the exports in question were not being dumped, except for exports by Kaichem International, for which the weighted average margin amounts to less than 1 %, that is to say an insignificant level which does not justify the adoption of protective measures.
C. Injury
(13) In view of the above findings concerning dumping, the Commission found that continuing the investigation into alleged injury concerning the imports in question was not justified, given that anti-dumping measures can be imposed only if an investigation proves, during the period covered by the investigation, the existence of more than minimal dumping and that, in the interest of the Community, measures should be taken.
D. Termination of review proceeding and repal of anti-dumping measures
(14) In these circumstances, therefore, the review proceeding should be terminated without the imposition of further protective measures and the anti-dumping measures currently in force concerning imports of the product originating in the United States of America should be repealed.
(15) No objections to this course were raised in the Advisory Committee.
(16) The complainant was informed of the considerations and main facts on the basis of which the Commission intended to terminate the proceeding
1. The review procedure of the anti-dumping measures concerning imports of UAN falling within subheading 31.02 C of the Common Customs Tariff and corresponding to NIMEXE code 31.02-90, originating in the United States of America, is hereby terminated.
2. The anti-dumping measures currently in force concerning imports of the product referred to in paragraph 1 are hereby repealed with effect from 1 July 1985. National customs authorities shall take the necessary measures entailed by this repeal.
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 |
31992D0372 | 92/372/EEC: Commission Decision of 30 June 1992 authorizing certain Member States to apply intra- Community surveillance to imports originating in third countries which have been put into free circulation in the Community and which may be the subject of protective measures pursuant to Article 115 of the EEC Treaty (Only the Spanish and Italian texts are authentic)
| COMMISSION DECISION of 30 June 1992 authorizing certain Member States to apply intra-Community surveillance to imports originating in third countries which have been put into free circulation in the Community and which may be the subject of protective measures pursuant to Article 115 of the EEC Treaty (Only the Spanish and Italian texts are authentic) (92/372/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 87/433/EEC of 22 July 1987 on surveillance and protective measures which Member States may be authorized to take pursuant to Article 115 of the EEC Treaty (1), and in particular Articles 1 and 2 thereof,
Whereas Decision 87/433/EEC requires Member States to have prior authorization from the Commission before introducing intra-Community surveillance of the imports concerned;
Whereas the Commission, by Decision 92/15/EEC (2) and other relevant decisions, authorized the Member States to introduce such surveillance;
Whereas almost all these Decisions are due to expire on 30 June 1992;
Whereas certain Member States have submitted applications to the Commission for authorization to extend the application of some of these surveillance measures and to introduce new surveillance measures not covered by the abovementioned Decisions;
Whereas the Commission has closely studied, on a case-by-case basis, these applications in accordance with the criteria laid down by Decision 87/433/EEC taking into account the plan of action established by the Community for the completion of the internal market as from 1 January 1993;
Whereas these criteria must be applied strictly due to the imminence of this date and to the exceptional nature of intra-Community surveillance measures with regard to the principle of the free movement of goods;
Whereas the authorization to introduce intra-Community surveillance measures should be restricted to a limited number of cases where there is a real risk of extensive deflection of trade which could lead to serious difficulties in the sectors concerned;
Whereas, under these circumstances, the Member States should be authorized to make subject to intra-Community surveillance imports of the products listed in the Annex until 31 December 1992,
The Member States named in the Annex are authorized, in so far as each is concerned, to apply, until 31 December 1992 and in accordance with Decision 87/433/EEC, intra-Community surveillance of the products listed in the said Annex.
This Decision is addressed to the Kingdom of Spain and the Italian Republic. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 |
32011R0249 | Commission Regulation (EU) No 249/2011 of 14 March 2011 adopting the specifications of the 2012 ad hoc module on transition from work to retirement provided for by Council Regulation (EC) No 577/98 Text with EEA relevance
| 15.3.2011 EN Official Journal of the European Union L 67/18
COMMISSION REGULATION (EU) No 249/2011
of 14 March 2011
adopting the specifications of the 2012 ad hoc module on transition from work to retirement provided for by Council Regulation (EC) No 577/98
(Text with EEA relevance)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 577/98 of 9 March 1998 on the organisation of a labour force sample survey in the Community (1), and in particular Article 4(2) thereof,
Whereas:
(1) There is a need for a comprehensive and comparable set of data on the transition from work to retirement in order to monitor progress towards the common objectives of the Europe 2020 Strategy and of the open method of coordination in the area of social protection and social inclusion. Both processes identify promotion of active ageing and prolongation of working life as priorities for action, in particular under guideline 7 of the Europe 2020 Integrated Guidelines (Increasing labour market participation and reducing structural unemployment) and under the objective of adequate and sustainable pensions adopted by the European Council in March 2006 on the basis of the Commission communication ‘Working together, working better: A new framework for the open coordination of social protection and inclusion policies in the European Union’.
(2) Decision No 1672/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community Programme for Employment and Social Solidarity — Progress (2) supports the implementation of the European Employment Strategy. This programme financially supports the implementation of the objectives of the European Union in the fields of employment and social affairs from 1 January 2007 to 31 December 2013. In the field of pensions the programme provides for policy analysis, statistical information and advice.
(3) Commission Regulation (EC) No 365/2008 of 23 April 2008 adopting the programme of ad hoc modules, covering the years 2010, 2011 and 2012, for the labour force sample survey provided for by Council Regulation (EC) No 577/98 (3) includes an ad hoc module on transition from work to retirement. The list of variables for this module should be defined.
(4) Reference should be made to Article 12(3) of Regulation (EC) No 223/2009 (4) of the European Parliament and of the Council on quality reporting and Commission Recommendation 2009/498/EC (5) on the report structure.
(5) The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee,
The detailed list of variables for the 2012 ad hoc module on transition from work to retirement to be added to the labour force sample survey shall be as set out in the Annex.
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0.25 | 0 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0.25 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32007R0611 | Commission Regulation (EC) No 611/2007 of 1 June 2007 amending Regulation (EC) No 1725/2003 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Financial Reporting Interpretations Committee’s (IFRIC) Interpretation 11 (Text with EEA relevance)
| 2.6.2007 EN Official Journal of the European Union L 141/49
COMMISSION REGULATION (EC) No 611/2007
of 1 June 2007
amending Regulation (EC) No 1725/2003 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Financial Reporting Interpretations Committee’s (IFRIC) Interpretation 11
(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 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (1), and in particular Article 3(1) thereof,
Whereas:
(1) By Commission Regulation (EC) No 1725/2003 (2) certain international standards and interpretations that were extant at 14 September 2002 were adopted.
(2) On 2 November 2006, the International Financial Reporting Interpretations Committee (IFRIC) published IFRIC Interpretation 11 IFRS 2 — Group and Treasury Share Transactions, hereinafter ‘IFRIC 11’. IFRIC 11 addresses how to apply International Financial Reporting Standard (IFRS) 2 Share-based Payment to share-based payment arrangements involving an entity’s own equity instruments or equity instruments of another entity in the same group (e.g. equity instruments of its parent). The interpretation was required as, until now, there was no guidance on how share-based payment arrangements in which an entity receives goods or services as consideration for equity instruments of the entity’s parent should be accounted for in the entity’s financial statements.
(3) The consultation with the Technical Expert Group (TEG) of the European Financial Reporting Advisory Group (EFRAG) confirms that IFRIC 11 meets the technical criteria for adoption set out in Article 3(2) of Regulation (EC) No 1606/2002.
(4) Regulation (EC) No 1725/2003 should therefore be amended accordingly.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Accounting Regulatory Committee,
In the Annex to Regulation (EC) No 1725/2003: ‘International Financial Reporting Interpretations Committee’s (IFRIC) Interpretation 11 IFRS 2 — Group and Treasury Share Transactions’, is inserted as set out in the Annex to this Regulation.
Each company shall apply IFRIC 11 as set out in the Annex to this Regulation as from the commencement date of its 2008 financial year at the latest, except for companies with a January or February commencement date which shall apply IFRIC 11 as from the commencement date of the 2009 financial year at the latest.
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 |
31991D0327 | Commission Decision of 21 June 1991 fixing Commission guidelines on fishing zones, species and fishing gear and methods for exploratory fishing voyages, redeployment operations and cooperation operations within the context of joint ventures
| COMMISSION DECISION
of 21 June 1991
fixing Commission guidelines on fishing zones, species and fishing gear and methods for exploratory fishing voyages, redeployment operations and cooperation operations within the context of joint ventures
(91/327/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4028/86 of 18 December 1986 on Community measures to improve and adapt structures in the fisheries and aquaculture sector (1), and in particular Articles 14 (2) (e), 17 (b) (2) (c) and 19 (2) (c) thereof,
Whereas it should be specified how the fisheries' structures policy can improve the cohesion of the common fisheries' policy by transferring part of the Community fleet's fishing capacity to novel resources and fishing zones in order to reduce the fishing effort on traditional species and zones;
Whereas exploratory fishing voyages aim to assess the profitability of regular, long-term exploitation of fishery resources involving fishing methods of fishing gear, or in fishing zones, or for species which are novel for the Community; whereas the novel nature of these exploratory fishing voyages is becoming more and more important;
Whereas redeployment operations must, in particular, be the logical result of exploratory fishing voyages undertaken previously permitting the introduction of regular exportation of fishery resources;
Whereas the terms of cooperation of joint ventures aim to develop general initiatives in the fishery sector in the context of priority supply of Community markets;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee for the Fishing Industry,
Commission guidelines on measures to encourage exploratory fishing, redeployment operations and cooperation operations in the context of joint enterprises shall be fixed in the form provided for 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 |
32006R0089 | Commission Regulation (EC) No 89/2006 of 19 January 2006 amending Regulation (EC) No 2295/2003 with regard to the terms that may be used when marketing eggs where the access of hens to open-air runs is restricted
| 20.1.2006 EN Official Journal of the European Union L 15/30
COMMISSION REGULATION (EC) No 89/2006
of 19 January 2006
amending Regulation (EC) No 2295/2003 with regard to the terms that may be used when marketing eggs where the access of hens to open-air runs is restricted
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1907/90 of 26 June 1990 on certain marketing standards for eggs (1), and in particular Article 7(1)(d) and Article 10(3) thereof,
Whereas:
(1) Commission Regulation (EC) No 2295/2003 (2) lays down detailed rules for implementing Regulation (EEC) No 1907/90.
(2) Commission Directive 2002/4/EC of 30 January 2002 on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC (3) lays down minimum standards for the protection of laying hens.
(3) In order to safeguard consumers against statements which might otherwise be made with the fraudulent intent of obtaining prices higher than those prevailing for eggs of hens raised in batteries or standard grade eggs, Regulation (EC) No 2295/2003 lays down minimum husbandry criteria to be respected by farmers claiming to use particular rearing methods. Only the terms listed in Annex II to that Regulation may be used and Annex III thereto lists the requirements that must be satisfied in order to be able to use those terms.
(4) Among the specific requirements that must be satisfied in order to market eggs using the term ‘free-range eggs’, access to open-air runs is essential.
(5) Restrictions, including veterinary restrictions, adopted under Community law to protect public and animal health, may restrict the access of poultry to open-air runs.
(6) Where producers can no longer satisfy all the rearing conditions laid down in Annex III to Regulation (EC) No 2295/2003, they must, in the interests of consumers, cease to use the compulsory labelling relating to the rearing method.
(7) In order to take account of the possible economic consequences of such temporary restrictions, since the whole of the sector needs a reasonable adjustment period, especially as regards labelling, and provided that product quality is not substantially affected, provision should be made for a transitional period during which producers can continue to use the labelling relating to the ‘free-range’ method of rearing.
(8) A derogation from access to open-air runs is explicitly provided for in the first indent of point 1(a) of Annex III to Regulation (EC) No 2295/2003 in the event of ‘temporary restrictions imposed by veterinary authorities’.
(9) Since the duration of temporary restrictions during which producers may continue to use the term ‘free-range’, although hens no longer have access to open-air runs, is not specified, a time-limit should be laid down in order to protect the interests of consumers.
(10) Regulation (EC) No 2295/2003 should therefore be amended accordingly.
(11) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
The first indent of point 1(a) of Annex III to Regulation (EC) No 2295/2003 is hereby replaced by the following:
‘— hens have continuous daytime access to open-air runs; any derogation from this requirement granted because of restrictions, including veterinary restrictions adopted under Community law, must not exceed 12 weeks.’
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 | 1 | 0 |
31994R0290 | Commission Regulation (EC) No 290/94 of 9 February 1994 concerning an extension of the period of validity of the certificates of advance fixing of refunds provided for by Regulation (EEC) No 2695/93 in the pigmeat sector
| COMMISSION REGULATION (EC) No 290/94 of 9 February 1994 concerning an extension of the period of validity of the certificates of advance fixing of refunds provided for by Regulation (EEC) No 2695/93 in the pigmeat sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organization of the market in pigmeat (1), as last amended by Regulation (EEC) No 1249/89 (2), and in particular Article 15 (6) thereof,
Whereas Article 1 (1) (b) of Commission Regulation (EEC) No 2695/93 of 30 September 1993 laying down detailed rules for granting a special refund for exports of pigmeat sector products to certain third countries (3) lays down specific provisions in respect of the advance fixing of the special refund granted to exports under the said Regulation;
Whereas Article 1 (2) of Commission Regulation (EEC) No 1700/84 of 18 June 1984 laying down special detailed rules for the application of the system of certificates of advance fixing of refunds in the pigmeat sector (4), as last amended by Regulation (EEC) No 2440/89 (5), lays down that the certificate of advance fixing of the refund shall be valid until the end of the third month following the month of issue;
Whereas Community exporters applied for certificates of advance fixing of the special refund at the beginning of October 1993; whereas, the operators in question considered they would be able to fulfil their export obligations arising in respect of the advance-fixing certificates within the periods specified by Regulation (EEC) No 1700/84;
Whereas, following an outbreak of classical swine fever in certain areas of production in Germany, restrictions on trade in pigmeat originating in such areas were imposed by Commission Decision 93/566/EC (6), with effect from 29 October 1993; whereas, as a result of such unforeseeable events, certain Community operators dependent on those areas for their main source of supply of pigmeat found themselves unable to fulfil their export obligations before the end of the period of validity of the advance-fixing certificates; whereas the period of validity of such certificates should therefore be extended appropriately to enable the exporters concerned to fulfil their trade and contractual obligations;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
1. At the request of each operator who is able to prove to the satisfaction of the competent authorities concerned that his main source of supply of pigmeat is located in the areas referred to in Decision 93/566/EC, the period of validity of the advance-fixing certificates issued in October 1993 in accordance with Regulation (EEC) No 2695/93 is hereby extended until 18 March 1994.
2. The request referred to in paragraph 1 shall be accompanied by the original of the advance-fixing certificate concerned.
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 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32013R0484 | Commission Implementing Regulation (EU) No 484/2013 of 24 May 2013 amending Regulation (EC) No 718/2007 implementing Council Regulation (EC) No 1085/2006 establishing an instrument for pre-accession assistance (IPA)
| 25.5.2013 EN Official Journal of the European Union L 139/11
COMMISSION IMPLEMENTING REGULATION (EU) No 484/2013
of 24 May 2013
amending Regulation (EC) No 718/2007 implementing Council Regulation (EC) No 1085/2006 establishing an instrument for pre-accession assistance (IPA)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (1) (‘the IPA Regulation’), and in particular Article 3(3) thereof,
Whereas:
(1) 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) provides for detailed rules for the implementation of the IPA Regulation.
(2) In order to achieve the objectives under areas of assistance of transition assistance and institution building component, for some operations, like those contributing to the resolution of the refugees’ and displaced persons’ housing problem in the Western Balkans the eligibility of expenditure for purchase of land and existing buildings is indispensable and constitutes a core of the action. The eligibility of the expenditure for purchase of land and existing buildings should be provided for in a new derogation.
(3) Regulation (EC) No 718/2007 should therefore be amended accordingly.
(4) The provisions laid down in this Regulation are in accordance with the opinion of the IPA Committee,
In Article 66(3) of Regulation (EC) No 718/2007, the following point (d) is added:
‘(d) purchase of land and existing buildings when justified by the nature of the operation’.
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 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32008R0896 | Commission Regulation (EC) No 896/2008 of 15 September 2008 fixing the import duties in the cereals sector applicable from 16 September 2008
| 16.9.2008 EN Official Journal of the European Union L 247/20
COMMISSION REGULATION (EC) No 896/2008
of 15 September 2008
fixing the import duties in the cereals sector applicable from 16 September 2008
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
Whereas:
(1) Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.
(2) Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.
(3) Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation.
(4) Import duties should be fixed for the period from 16 September 2008 and should apply until new import duties are fixed and enter into force.
(5) However, in accordance with Commission Regulation (EC) No 608/2008 of 26 June 2008 temporarily suspending customs duties on imports of certain cereals for the 2008/2009 marketing year (3), the application of certain duties set by this Regulation is suspended,
From 16 September 2008, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
This Regulation shall enter into force on 16 September 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 |
31994D0781 | 94/781/EC: Council Decision of 5 December 1994 appointing an alternate member of the Committee of the Regions
| COUNCIL DECISION of 5 December 1994 appointing an alternate member of the Committee of the Regions (94/781/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,
Having regard to the Council Decision of 26 January 1994 appointing the members and alternate members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1),
Whereas a seat of alternate member on the Committee has become vacant following the resignation of Mr Jérôme Polvérini, which was brought to the Council's attention on 27 October 1994;
Having regard to the proposal from the French Government,
Mr Emile Mocchi is hereby appointed an alternate member of the Committee of the Regions in place of Mr Jérôme Polvérini for the remainder of his term of office, which expires on 25 January 1998. | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31995D0119 | 95/119/EC: Commission Decision of 7 April 1995 concerning certain protective measures with regard to fishery products originating in Japan
| COMMISSION DECISION of 7 April 1995 concerning certain protective measures with regard to fishery products originating in Japan (Text with EEA relevance) (95/119/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 19 thereof,
Whereas a mission of experts of the Commission went to Japan to check the conditions of production and processing of fishery products exported to the Community; whereas according to the observations of these experts, the official guaranties given by the Japanese authorities are not adhered to and the conditions of production and storage of fishery products show serious defects as regards hygiene and control which can constitute risks to public health;
Whereas Commission Decision 94/206/EC (2) prohibits the import of consignments of bivalve molluscs and marine gastropods originating in Japan other than scallops and other Pectinidae, frozen or processed;
Whereas it is necessary to suspend the import of all fishery products originating in Japan pending improvement of the conditions of hygiene and control of production;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
Member States shall prohibit the import of consignments of fishery products in whatever form originating in Japan.
Decision 94/206/EC is repealed.
Member States shall amend the measures that they apply to imports to comply with this Decision. They shall inform the Commission thereof.
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 |
31984R2206 | Commission Regulation (EEC) No 2206/84 of 26 July 1984 amending Regulation (EEC) No 434/84 amending Regulation (EEC) No 1443/82 laying down detailed rules for the application of the quota system in the sugar sector
| COMMISSION REGULATION (EEC) No 2206/84
of 26 July 1984
amending Regulation (EEC) No 434/84 amending Regulation (EEC) No 1443/82 laying down detailed rules for the application of the quota system in the sugar sector
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (1), as last amended by Regulation (EEC) No 606/82 (2), and in particular Article 28 (7) thereof,
Whereas Article 2 of Commission Regulation (EEC) No 434/84 (3), as amended by Regulation (EEC) No 1859/84 (4), lays down that it shall apply with effect from 1 August 1984; whereas the date of application should be deferred until 20 September 1984;
Whereas the Management Committee for Sugar has not delivered an opinion within the time limit set by its chairman,
In Article 2 of Regulation (EEC) No 434/84, '1 August 1984' is hereby replaced by '20 September 1984'.
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 |
31975D0570 | 75/570/EEC: Commission Decision of 25 July 1975 relating to a proceeding under Article 85 of the Treaty establishing the EEC (IV/28.967 - Bronbemaling/Heidemaatschappij) (Only the Dutch text is authentic)
| COMMISSION DECISION of 25 July 1975 relating to a proceeding under Article 85 of the Treaty establishing the EEC (IV/28.967 - Bronbemaling V., Heidemaatschappij) (Only the Dutch text is authentic) (75/570/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 85 thereof;
Having regard to Council Regulation No 17 (1) of 6 February 1962, and in particular Articles 1, 3, 4 and 15 (6) thereof;
Having regard to the notification dated 6 August 1974 by the Dutch undertakings Heidemaatschappij Beheer NV, Grondboorbedrijf J. Mos BV, Reinders-Wessemius Grondboorbedrijven BV, De Ruiter Boringen en Bemalingen BV and Lareco BV, of the agreements whereby Heidemaatschappij granted each of the other four undertakings a licence over its Dutch Patent No 128.766;
Having regard to the complaint filed pursuant to Article 3 of Regulation No 17 by the Dutch undertaking Zuid-Nederlandsche Bronbemaling en Grondboringen BV on 21 October 1974;
Having heard the undertakings concerned in accordance with Article 19 (1) of Regulation No 17 and with Regulation No 99/63 (2),
WHEREAS:
I. The facts
On 18 June 1965 and 2 August 1967 Heidemaatschappij Beheer NV (hereinafter called "Heidemaatschappij"), Arnhem, Netherlands, lodged two patent applications in respect of a process for the installation of a well-point drainage system consisting of filter tubes connected to pumps and of a well-point drainage system installed in this way.
In the course of the administrative procedure preceding the grant of the patents, three undertakings - A.H. Steenbergen BV, Klaaswaal, De Ruiter BV, Halfweg-Haarlemmerliede, and Grondboorbedrijf J. Mos BV, Rhoon - opposed the grant of the patents applied for by Heidemaatschappij on the ground that the patents would confer on Heidemaatschappij monopoly rights to operate a process which the opposing firms regarded as being no longer patentable, which they were all using and for which one of them - Steenbergen - was manufacturing special equipment. The three opponents were supported in their action by Reinders-Hagendoorn and Wessemius.
The record of the evidence given before the Arnhem District Court (arrondissementsrechtbank) on 9 May and 20 June 1974 in the action brought by Zuid-Nederlandsche Bronbemaling en Grondboringen (hereinafter "ZN Bronbemaling") shows that an agreement was concluded between Heidemaatschappij, the patent applicant, and the opposing firms whereby the latter withdrew their opposition to the patent in consideration of Heidemaatschappij's granting each of them a licence. In their comments on the Commission's statement of objections the firms in question allege that this is not a true account of the facts. However this issue can be reserved for the administrative procedure in connection with the final decision as, whatever else may not be certain, there can be no doubt that Heidemaatschappij undertook not to grant licences to other firms in the Netherlands without the consent of a majority of the firms party to the agreement.
A clause to this effect is contained in the licensing agreements concluded by Heidemaatschappij with Grondboorbedrijf J. Mos BV, De Ruiter Boringen en Bemalingen BV and Lareco BV, on 17 June 1971, and with Grondboorbedrijf Wessemius NV and Reinders Grondboorbedrijf NV, on 17 July 1971 ; the latter two firms subsequently merged into a single enterprise - Reinders-Wessemius Grondboorbedrijven BV - and the original licensing agreements with them were replaced by a new agreement concluded on 3 July 1974 with retroactive effect to 1 January 1974.
The agreements are identical. The second subparagraph of Clause 11 (1) stipulates that : "Heidemaatschappij will not grant identical or similar licences to (1)OJ No 13, 21.2.1962, p. 204/62. (2)OJ No 127, 20.8.1963, p. 2268/63.
other firms in the Netherlands without the consent of a majority of the parties to this agreement and the other legal persons named in the preamble (i.e. each of the other firms with whom Heidemaatschappij had concluded an agreement)". The parties state that the reason for this is that they have gone to the trouble and expense of improving the patented invention.
When these firms withdrew their opposition, the Dutch Patent Office on 15 June 1972, granted Patent No 128.766, entitled "process for the installation of a well-point drainage system consisting of filter tubes connected to pumps, and a well-point drainage system installed in this way".
On 30 August 1971 and 19 January 1973 two Dutch firms - Grondboorbedrijf H. Haitjema en Zn BV, Dedemsvaart, and ZN Bronbemaling already mentioned - separately applied to Heidemaatschappij for a licence to exploit the horizontal drainage process specified in its patent.
As required by the second subparagraph of Clause 11 (1) of the licensing agreements, Heidemaatschappij consulted the licensee firms on these two applications, and it was decided that licences should not be granted.
In its letter to Haitjema dated 19 October 1971, Heidemaatschappij stated its view that there was no pressing need to increase production of machines of this type, and on 29 November 1972, in response to new approaches by Haitjema, it restated its refusal to grant a licence for the exploitation of the process in the Netherlands in the light, notably, of market forecasts for 1973 and of the opinion of the existing licensees.
Heidemaatschappij's letter to ZN Bronbemaling dated 9 February 1973 addresses the same grounds - reiterated in November of the same year - for refusing to grant a licence for the exploitation of the process in the Benelux countries.
In February 1974 ZN Bronbemaling consequently brought an action in the Arnhem District Court, requesting the Court to summon and hear witnesses so as to establish the circumstances of fact surrounding the grant of Patent No 128.766 to Heidemaatschappij, the grant by Heidemaatschappij of licences to the firms which had withdrawn their opposition and the refusal to grant a licence to the plaintiff, and seeking a declaration that by refusing to grant a licence to the plaintiff and by exercising the monopoly rights conferred by the patent in concert with its licensees in order to prevent the plaintiff from exploiting the horizontal drainage method in the Netherlands under the patented process, Heidemaatschappij was in breach of Article 85 and, possibly, Article 86 of the Treaty establishing the EEC.
This action having been brought and witnesses having been heard by the Court on 9 May and 20 June 1974, Heidemaatschappij notified the licensing agreements to the Commission on 6 August 1974.
II. Provisional appraisal in the light of Article 85 (1) of the EEC Treaty
Article 85 (1) prohibits as incompatible with the common market all agreements between undertakings which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the common market.
A final appraisal of the agreements is not yet possible. However, after preliminary examination, the following conclusions can be reached: (a) Heidemaatschappij, holder of Dutch Patent No 128.766 dated 15 June 1972, and its licensees - Grondboorbedrijf J. Mos BV, Reinders-Wessemius Grondboorbedrijven BV, De Ruiter Boringen en Bemalingen BV and Landdevelopment and Reclamation Company (Lareco) BV - are all undertakings for purposes of Article 85 of the EEC Treaty.
(b) The separate licensing agreements between Heidemaatschappij and each of the above four licensee firms are agreements for purposes of Article 85.
(c) The decisions taken jointly by Heidemaatschappij and its licensees under the second subparagraph of Clause 11 (1) of the agreements are also agreements for purposes of Article 85.
(d) These agreements do have as their object or effect the restriction of competition within the common market in that they prevent Heidemaatschappij from freely granting licenses under its patent to other firms in the Netherlands. These are substantial restrictions of competition in that, in numerous cases of contracts awarded for major projects by public authorities or large firms, the specifications of the work to be performed stipulate that the horizontal drainage process be used or at least impose such conditions for performance of the work that there is very little alternative.
(e) These agreements may affect trade between Member States in that they restrict the availability of horizontal drainage to the Netherlands, thus preventing the process being used in work extending beyond Dutch frontiers. The process is capital intensive and is consequently used only in major projects. The restriction is therefore appreciable.
(f) Preliminary examination of these facts suggests that the agreements are caught by Article 85 (1) of the Treaty.
III. Provisional appraisal in the light of Article 85 (3) of the EEC Treaty
Under Article 85 (3), the provisions of Article 85 (1) may be declared inapplicable in the case of any agreement between undertakings which contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and which does not impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives and does not afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.
The firms concerned supported their application for exemption under Article 85 (3) by the following arguments: (a) The licensing agreements ensure that the patented process can be exploited more widely and technical progress is promoted in that the licensee firms pool their experiences, thus enabling improvements to be made both to the process itself and to the machinery used to work it.
(b) The users of the process benefit by improvements made as a result of cooperation on know-how between licensees and by the favourable influence on prices of competition between licensees.
(c) In the absence of the agreements only Lareco - a Heidemaatschappij subsidiary - would have worked the process ; the beneficial effects would have been smaller and there would have been no exchange of know-how and no competition between the licensees.
(d) The licensees are in competition with each other, and there are other competing processes.
The first point to be made is that what is objected to is not the patent licensing agreements themselves but only the anticompetitive provisions in the second subparagraph of Clause 11 (1) and the decisions taken jointly under that subparagraph. These therefore are the only provisions requiring appraisal in the light of Article 85 (3).
An undertaking by a patentholder to restrict his own freedom to grant licences is not of the essence of his rights as patentholder, even where the licensees have gone to the trouble and expense of improving the invention. There might be justification for differences in royalties, but there is none for a restriction of capacity.
The provisions objected to do not contribute to improving the production or distribution of goods or to promoting technical or economic progress. On the contrary, by allowing the number of firms authorized to exploit the patented process to be restricted they hinder wider use of the process and prevent know-how from being enriched by a broader range of experience. This process is already well known and widely used in the Netherlands ; confining its exploitation to a limited number of licensees has no beneficial economic effect such as might be expected of an exclusive licence having the prime purpose of facilitating penetration of a new market.
As the first test of Article 85 (3) is not satisfied, there is no need for the Commission to consider the others. In point of fact, however, the agreements fail the other tests too. Far from allowing consumers a fair share of the benefit derived by the firms concerned from the agreements, the agreements hinder the development of competition and prevent users from being supplied on more favourable terms. The agreements do not contribute to attaining the economic objectives in the first subparagraph of Article 85 (3), so the question of their indispensability does not arise. Despite the assertions of the undertakings concerned, the clause objected to enables them to eliminate competition from all other Dutch or foreign firms in installing drainage systems in the Netherlands by the patented process. In many cases vertical and horizontal drainage processes are not interchangeable. Selection of one or other of the processes depends on a number of circumstances, particularly the configuration of the soil and subsoil, the depth of the water table, and whether buildings are already standing on the land to be drained or are to be put up during the operation. Moreover, contracts for major projects frequently stipulate that the horizontal process must be used while in other cases the specification as regards, for instance, the maximum width of the trench to be dug means that no other process can be used and that undertakings which are not licensed to exploit the patented process cannot tender. Even if, as the firms concerned argue, there are a large number of drainage firms in business in the Netherlands, the fact remains that very few of them have the material or financial resources needed to carry out large projects ; consequently competition, already considerably reduced, is virtually eliminated by the agreements in question.
Prelimary examination has shown, then, that the agreements do not satisfy the tests of Article 85 (3) of the Treaty establishing the EEC.
IV. Application of Article 15 (6) of Council Regulation No 17
The infringement of Article 85 began on the day on which the agreements between Heidemaatschappij and its licensees were concluded, that is to say on 17 June 1971 for the agreements with Lareco, Mos and De Ruiter and on 17 July 1971 for the agreements with Reinders and Wessemius, which merged into a single firm in March 1973.
The firms did not notify the agreements until 6 August 1974, and then only in anticipation of the possible liability as a result of the action brought against them before the Arnhem District Court for breach of Articles 85 and 86 of the EEC Treaty and from the filing of a complaint with the Commission.
In their reply to the statement of objections against them the firms in question offered to call witnesses in support of their arguments. These witnesses need not be heard until the administrative procedure in connection with a final decision, for with the additional material obtained from the reply there is now enough evidence for a provisional Decision to be taken.
The effect of this Decision will be to remove the immunity given by notification of the agreements from the imposition of fines under Article 15 (2) (a) of Regulation No 17,
After preliminary examination the Commission is of the opinion that the second subparagraph of Clause 11 (1) of each of the patent licensing agreements concluded by Heidemaatschappij Beheer NV with Grondboorbedrijf J. Mos BV, Reinders-Wessemius Grondboorbedrijven BV, De Ruiter Boringen en Bemalingen BV and Landdevelopment and Reclamation Company (Lareco) BV, whereby Heidemaatschappij as patentholder undertakes not to issue identical or similar licences to other firms in the Netherlands without the consent of the parties to each agreement and the other licensees, and the decisions taken jointly by Heidemaatschappij and its licensees in pursuance of the second subparagraph of Clause 11 (1), satisfy the tests of Article 85 (1) of the EEC Treaty and that there are no grounds for granting exemption under Article 85 (3).
This Decision is addressed to the following undertakings: 1. NV Heidemaatschappij Beheer, Lovinklaan 1, Arnhem;
2. Landdevelopment and Reclamation Company (Lareco) BV, Zijpendaalseweg 87, Arnhem;
3. BV Grondboorbedrijf J. Mos, Kleidijk, Rhoon;
4. De Ruiter Boringen en Bemalingen BV, Haarlemmerstraatweg 79, Halfweg-Haarlemmerliede;
5. Reinders-Wessemius Grondboorbedrijven BV, Kanaal ANZ 133-1, Emmer-Compascuum. | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
31987R3854 | Commission Regulation (EEC) No 3854/87 of 22 December 1987 on arrangements for imports into France, Ireland and Spain of certain textile products (category 7) originating in Pakistan
| COMMISSION REGULATION (EEC) No 3854/87
of 22 December 1987
on arrangements for imports into France, Ireland and Spain of certain textile products (category 7) originating in Pakistan
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 Article 11 thereof,
Whereas Article 11 of Regulation (EEC) No 4136/86 lays down the conditions under which quantitative limits may be established; whereas imports into France, Ireland and Spain of textile products of category 7 specified in the Annex hereto and originating in Pakistan exceeded the level referred to in paragraph 3 of the said Article 11;
Whereas, in accordance with paragraph 5 of the said Article 11 of Regulation (EEC) No 4136/86, Pakistan was notified on 1st October 1987 of a request for consultations; whereas, as a result of these consultations, it was agreed to make the textile products in question subject to quantitative limits for the years 1987 to 1991;
Whereas paragraph 13 of the said Article 11 provides for compliance with the quantitative limits to be ensured by means of a double-checking system in accordance with Annex VI to Regulation (EEC) No 4136/86;
Whereas the products in question exported from Pakistan between 9 October 1987 and the date of entry into force of this Regulation must be set off against the quantitative limit for the year 1987;
Whereas this quantitative limit should not prevent the importance of products covered by it shipped from Pakistan to France, Ireland and Spain before the date of entry into force of this Regulation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee,
Without prejudice to the provisions of Article 2, imports into France, Ireland and Spain of the category of products originating in Pakistan and specified in the Annex hereto shall be subject to the quantitative limits set out in that Annex.
1. Products as referred to in Article 1, shipped from Pakistan to France, Ireland and Spain before the date of entry into force of this Regulation and not yet released for free circulation, shall be so released subject to the presentation of a bill of lading or other transport document proving that shipment actually took place before that date.
2. Imports of such products shipped from Pakistan to France and Italy after the entry into force of this Regulation shall be subject to the double-checking system described in Annex VI to Regulation (EEC) No 4136/86.
3. All quantities of products shipped from Pakistan to France, Ireland and Spain on or after 9 October 1987 and released for free circulation, shall be deducted from the quantitative limit laid down. This limit shall not, however, prevent the importation of products covered by it but shipped from Pakistan before the date of entry into force 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 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 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32004R0351 | Commission Regulation (EC) No 351/2004 of 26 February 2004 fixing the export refunds on milk and milk products
| Commission Regulation (EC) No 351/2004
of 26 February 2004
fixing the 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 (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products(1), and in particular Article 31(3) thereof,
Whereas:
(1) Article 31 of Regulation (EC) No 1255/1999 provides that the difference between prices in international trade for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
(2) Regulation (EC) No 1255/1999 provides that when the refunds on the products listed in Article 1 of the abovementioned Regulation, exported in the natural state, are being fixed, account must be taken of:
- the existing situation and the future trend with regard to prices and availabilities of milk and milk products on the Community market and prices for milk and milk products in international trade,
- marketing costs and the most favourable transport charges from Community markets to ports or other points of export in the Community, as well as costs incurred in placing the goods on the market of the country of destination,
- the aims of the common organisation of the market in milk and milk products which are to ensure equilibrium and the natural development of prices and trade on this market,
- the limits resulting from agreements concluded in accordance with Article 300 of the Treaty, and
- the need to avoid disturbances on the Community market, and
- the economic aspect of the proposed exports.
(3) Article 31(5) of Regulation (EC) No 1255/1999 provides that when prices within the Community are being determined account should be taken of the ruling prices which are most favourable for exportation, and that when prices in international trade are being determined particular account should be taken of:
(a) prices ruling on third-country markets;
(b) the most favourable prices in third countries of destination for third-country imports;
(c) producer prices recorded in exporting third countries, account being taken, where appropriate, of subsidies granted by those countries; and
(d) free-at-Community-frontier offer prices.
(4) Article 31(3) of Regulation (EC) No 1255/1999 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund on the products listed in Article 1 of the abovementioned Regulation according to destination.
(5) Article 31(3) of Regulation (EC) No 1255/1999 provides that the list of products on which export refunds are granted and the amount of such refunds should be fixed at least once every four weeks; the amount of the refund may, however, remain at the same level for more than four weeks.
(6) In accordance with Article 16 of Commission Regulation (EC) No 174/1999 of 26 January 1999 on specific detailed rules for the application of Council Regulation (EC) No 804/68 as regards export licences and export refunds on milk and milk products(2), the refund granted for milk products containing added sugar is equal to the sum of the two components; one is intended to take account of the quantity of milk products and is calculated by multiplying the basic amount by the milk products content in the product concerned; the other is intended to take account of the quantity of added sucrose and is calculated by multiplying the sucrose content of the entire product by the basic amount of the refund valid on the day of exportation for the products listed in Article 1(1)(d) of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(3), however, this second component is applied only if the added sucrose has been produced using sugar beet or cane harvested in the Community.
(7) Commission Regulation (EEC) No 896/84(4) laid down additional provisions concerning the granting of refunds on the change from one milk year to another; those provisions provide for the possibility of varying refunds according to the date of manufacture of the products.
(8) For the calculation of the refund for processed cheese provision must be made where casein or caseinates are added for that quantity not to be taken into account.
(9) With a view to enlargement on 1 May 2004 and to encourage the gradual alignment of prices in the new Member States on the Community level, all remaining refunds for exports to the new Member States should be abolished.
(10) The consolidation of the maximum quantities for export within the limits set in the WTO Agreement will be more binding on the accession of the new Member States. In order to ensure the satisfactory management and optimum use of the maximum quantities for export, steps should therefore be taken to reduce or abolish the refunds for certain destinations, in particular those located in or close to the geographical area of the Community where the level of prices for milk products no longer justify the present level of refund rates, despite the collection of import duty in some of those countries.
(11) The policy of some non-member countries is to prevent disturbance on the internal market by applying frontier measures. The refunds for certain milk products exported to those destinations should be differentiated in order to reduce the risk of such measures being applied.
(12) It follows from applying the rules set out above to the present situation on the market in milk and in particular to quotations or prices for milk products within the Community and on the world market that the refund should be as set out in the Annex to this Regulation.
(13) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
The export refunds referred to in Article 31 of Regulation (EC) No 1255/1999 on products exported in the natural state shall be as set out in the Annex.
This Regulation shall enter into force on 27 February 2004.
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 |
31989R1076 | Commission Regulation (EEC) No 1076/89 of 26 April 1989 laying down quality standards for leeks and amending Regulation (EEC) No 1292/81 laying down quality standards for leeks, aubergines and courgettes
| COMMISSION REGULATION (EEC) No 1076/89
of 26 April 1989
laying down quality standards for leeks and amending Regulation (EEC) No 1292/81 laying down quality standards for leeks, aubergines and courgettes
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Regulation (EEC) No 1035/72 of the Council of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EEC) No 1010/89 (2), and in particular Article 2 (3) thereof,
Whereas Commission Regulation (EEC) No 1292/81 (3) lays down quality standards for leeks;
Whereas there has been a development in the production and marketing of this product, in particular as regards the requirements of the wholesale and consumer markets; whereas the quality standards must accordingly be amended to take account of these new requirements;
Whereas the standards are applicable at all stages of marketing; whereas transport over long distances, storage for a certain length of time and the various handling operations to which the products are subjected may lead to some deterioration owing to the biological development of the products or their tendency to perish; whereas account should be taken of such deterioration in the application of the standards at the marketing stages following dispatch; whereas for products in the 'Extra' class, which must be sorted and packaged particularly carefully, only the loss of freshness and turgescence must be taken into account as far as they are concerned;
Whereas, for reasons of clarity and convenience, this opportunity should be taken for revising the said quality standards;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
The quality standards for leeks falling within CN code ex 0703 90 00 shall be as set out in the Annex.
These standards shall apply at all stages of marketing, under the conditions laid down in Regulation (EEC) No 1035/72.
However, at stages following dispatch, as compared with the provisions of the standards the products may show:
- a slight loss of freshness and turgescence,
- slight deterioration due to their development and their tendency to perish.
Regulation (EEC) No 1292/81 is hereby amended as follows:
1. in Article 1, 'leeks (subheading ex 07.01 IJ of the Common Customs Tariff)' is deleted;
2. the first indent of the second paragraph of Article 2 is deleted;
3. Annex I is deleted.
This Regulation shall enter into force on 1 August 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 |
31987R2746 | Commission Regulation (EEC) No 2746/87 of 14 September 1987 amending Regulations (EEC) No 2315/76 and (EEC) No 727/87 in respect of rules applying to the sale of butter and skimmed-milk powder from public stocks for the supply of food aid
| COMMISSION REGULATION (EEC) No 2746/87
of 14 September 1987
amending Regulations (EEC) No 2315/76 and (EEC) No 727/87 in respect of rules applying to the sale of butter and skimmed-milk powder from public stocks for the supply of 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 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 773/87 (2), and in particular Articles 6 (7) and 7 (5) thereof,
Whereas the new provisions adopted 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 (3) make it compulsory in cases where supplies are mobilized from stocks held by intervention agencies for the successful tenderer to purchase the goods on price terms fixed in advance;
Whereas Commission Regulations (EEC) No 2315/76 of 24 September 1976 on the sale of butter from public stocks (4), as last amended by Regulation (EEC) No 3819/86 (5), and (EEC) No 727/87 of 13 March 1987 on a special sale of skimmed-milk powder from public stocks for export (6), laid down rules applying to the sale of these products at prices fixed in advance; whereas additions should be made to these Regulations to cover the case of purchase for supply as either Community or national food aid; whereas however in the case of purchase for this purpose certain general provisions of the said Regulations on product age, time limit for removal and lodging of securities should be waived, since the security that the successful tenderer is required to lodge under Article 12 of Regulation (EEC) No 2200/87 will also suffice to ensure fulfilment of his obligations under Regulations (EEC) No 2315/76 and (EEC) No 727/87, in particular in the case of the latter Regulation the obligation to export;
Whereas the amendments must, in order to ensure the proper execution of certain food aid operations, apply with effect from 10 August 1987;
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 Article is hereby inserted in Regulation (EEC) No 2315/76:
'Article 3a
1. The provisions of Articles 1 and 2 on date of entry into store and lodging of security and of the second subparagraph of Article 3 (1) on the minimum quantity of which delivery may be taken shall not apply in the case of purchases of butter for the provision of Community food aid or for the implementation of food aid programmes decided on or recognized by the national authorities.
Evidence of such use shall be provided by the purchaser by means of a copy of the communication informing him that he is the successful tenderer for supply of the food aid.
2. Intervention agencies shall take the necessary steps to enable successful tenderers for the supply of food aid to examine at their own cost before conclusion of the purchase contract samples taken from the butter put up for sale.
Purchasers shall waive all right of claim in connection with the quality and characteristics of the butter sold.
3. The conversion rate applicable in the case of supplies for food aid covered by this Article shall be the representative rate valid on the last day for the submission of tenders for the supply in question.'
The following Article 6a is hereby inserted in Regulation (EEC) No 727/87:
'Article 6a
The provisions of Article 2 (1) shall also apply to the sale of skimmed-milk powder from public stocks for the supply of Community food aid or for the imple
mentation of food aid programmes decided on or recognized by national authorities.
However, in such cases:
(a) the provisions of Article 1 on date of entry into stock, of Article 2 (2) on minimum quantity, of Articles 2 (2) and 4 (1) on securities and of Article 9 shall not be applicable;
(b) Article 4 (3) notwithstanding, the purchaser shall pay the intervention agency before removal for each lot removed;
(c) Article 7 notwithstanding, the conversion rate applicable shall be the representative rate valid on the last day for submission of tenders for the supply in question.'
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
The provisions referred to in Articles 1 and 2 shall apply with effect from 10 August 1987.
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 |
31983D0054 | 83/54/EEC: Commission Decision of 24 January 1983 amending Decision 74/442/EEC relating to the setting up of a Joint Committee on Social Problems of Agricultural Workers
| COMMISSION DECISION
of 24 January 1983
amending Decision 74/442/EEC relating to the setting up of a Joint Committee on Social Problems of Agricultural Workers
(83/54/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Whereas structural changes have come about in the European organizations representing agricultural workers since the setting up of the Joint Committee and new needs have arisen because of the enlargement of the Community;
Whereas the Commission must take account of the situation in the individual Member States so as to ensure the participation of employers and employees in agriculture in the work of the Joint Committee and thus maintain the effective representation of all interested parties;
Whereas the presence at the Committee's meetings of observers from organizations other than those referred to in Article 4 of Commission Decision 74/442/EEC (1) may increase the Committee's effectiveness,
Decision 74/442/EEC is hereby amended as follows:
1. Article 4 is replaced by the following:
'Article 4
1. The Committee shall consist of 52 members.
2. Seats shall be attributed as follows:
(a) to representatives of employers: 26;
(b) to representatives of employees: 26.
3. The members of the Committee shall be appointed by the Commission, 50 of them on proposals from the following agricultural employers' and agricultural employees' associations:
- Employers' association (25 members):
- The Committee of Agricultural Trade Organizations of the European Economic Community (COPA);
- Employees' association (25 members):
- The European Federation of Agricultural Workers in the Community (EFA).'
2. The following paragraph 4 is added to Article 13:
'4. The Commission may, after consulting the Committee, invite organizations other than those referred to in Article 4 (3) to participate in the Committee's work as observers.'
This Decision shall take effect on 24 January 1983. | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31998R1645 | Commission Regulation (EC) No 1645/98 of 27 July 1998 increasing the volume of the tariff quota for imports of bananas provided for in Article 18 of Council Regulation (EEC) No 404/93 for 1998 (Text with EEA relevance)
| COMMISSION REGULATION (EC) No 1645/98 of 27 July 1998 increasing the volume of the tariff quota for imports of bananas provided for in Article 18 of Council Regulation (EEC) No 404/93 for 1998 (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas (1), as last amended by Regulation (EC) No 3290/94 (2), and in particular Articles 18(1) and 30 thereof,
Whereas Article 18(1) of Regulation (EEC) No 404/93 provides that, where Community demand is determined on the basis of the supply balance referred to in Article 16 increases, the volume of the quota is to be increased in consequence;
Whereas, by Regulation (EC) No 1502/98 (3), the Commission established the forecast balance for production and consumption in the Community and for imports and exports; whereas that balance indicates an increase in Community demand in particular as a result of the accession to the Community of Austria, Finland and Sweden;
Whereas, in order to meet the demand on the Community market, the tariff quota for 1998 should be increased on the basis of the forecast balance;
Whereas the Court of Justice, in its ruling dated 26 November 1996 in case C 68/95, rightly stated that 'Article 30 of Regulation (EEC) No 404/93 authorizes and, depending on the circumstances, requires the Commission to lay down rules catering for cases of hardship arising from the fact that importers of third-country bananas or non-traditional ACP bananas meet difficulties threatening their existence when an exceptionally low quota has been allocated to them on the basis of the reference years to be taken into consideration under Article 19(2) of that Regulation, where those difficulties are inherent in the transition from the national arrangements existing before the entry into force of the Regulation to the common organisation of the market and are not caused by a lack of care on the part of the traders concerned`;
Whereas, as a result of that ruling, a number of traders submitted to the Commission applications for additional allocations claiming cases of hardship; whereas, in order to accede during 1998 to applications which appear justified in the light of the principles handed down by the Court of Justice, a special reserve should be created within the tariff quota;
Whereas the Management Committee for Bananas has not delivered an opinion within the time limit set by its chairman,
The tariff quota for imports of third-country and non-traditional ACP bananas provided for in Articles 18 and 19 of Regulation (EEC) No 404/93 shall be 2 553 000 tonnes for 1998.
Within that tariff quota, a maximum quantity of 16 500 tonnes shall be reserved to allow the adoption of special measures pursuant to Article 30 of that Regulation with a view to settling cases of hardship encountered by certain traders, following the entry into force of the common organisation of the market in bananas. That quantity shall not be taken into account for the allocation of import licences to operators in categories A, B and C pursuant to Article 19(1) and (2) of that Regulation.
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 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
32015R0562 | Commission Regulation (EU) 2015/562 of 8 April 2015 amending Regulation (EU) No 347/2012 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council with respect to type-approval requirements for certain categories of motor vehicles with regard to advanced emergency braking systems
| 9.4.2015 EN Official Journal of the European Union L 93/35
COMMISSION REGULATION (EU) 2015/562
of 8 April 2015
amending Regulation (EU) No 347/2012 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council with respect to type-approval requirements for certain categories of motor vehicles with regard to advanced emergency braking systems
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (1), and in particular Article 14(1)(a) thereof,
Whereas:
(1) Regulation (EC) No 661/2009 is a separate Regulation for the purposes of the type-approval procedure provided for by Directive 2007/46/EC of the European Parliament and of the Council (2).
(2) Regulation (EC) No 661/2009 lays down basic requirements for the type-approval of motor vehicles of categories M2, M3, N2 and N3 with regard to the installation of advanced emergency braking systems (AEBS). It is necessary to set out the specific procedures, tests and requirements for such type-approval.
(3) Regulation (EC) No 661/2009 lays down a general obligation for vehicles of categories M2, M3, N2 and N3 to be equipped with an AEBS.
(4) Commission Regulation (EU) No 347/2012 (3) lays down the specific procedures, tests and requirements for the type-approval of motor vehicles with regard to AEBS, and provides for the implementation of those requirements in two stages. As part of the first stage, certain new vehicle types were to be subject, as of 1 November 2013, to approval level 1. As part of the second stage, those vehicle types, together with certain other vehicle types that had not been subject to approval level 1, would be required to obtain approval level 2, entailing compliance with further and more extensive requirements. Regulation (EU) No 347/2012 further provided that approval level 2 would be implemented as of 1 November 2016 for new vehicle types.
(5) The time-frame for the implementation of approval level 2 was set to ensure there would be sufficient lead-in time for gaining further experience with AEBS systems and to enable further technical developments in this field. In addition, the time-frame was intended to enable the Commission to take account of international harmonised performance and test requirements that the United Nations Economic Commission for Europe (UNECE) was to adopt with respect to the types of vehicle of the categories covered by UN Regulation No 131 relating to AEBS.
(6) It was therefore envisaged that the Commission would adopt, no later than two years before the implementation date for approval level 2, the warning and braking activation test criteria for types of vehicle of category M2 and of category N2 with a gross vehicle mass equal to or less than 8 tonnes, taking into consideration the further developments at UNECE level on this issue.
(7) UNECE has specified the target speed value applicable for the moving target scenario in approval level 2 for the testing of types of vehicles of category M2 and of category N2 with a maximum mass not exceeding 8 tonnes. The target speed values have been set conservatively, so as to allow for further experience with AEBS systems to be gained and to enable further technical developments in this field for the vehicle types concerned.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee — Motor Vehicles,
Annex II to Regulation (EU) No 347/2012 is amended in accordance with 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.
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 |
31996D0459 | 96/459/EC: Commission Decision of 4 July 1996 amending Decision 95/30/EC laying down specific conditions for importing fishery products from Morocco (Text with EEA relevance)
| COMMISSION DECISION of 4 July 1996 amending Decision 95/30/EC laying down specific conditions for importing fishery products from Morocco (Text with EEA relevance) (96/459/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 11 (5) thereof,
Whereas the list of establishments approved by Morocco for importing fishery products into the Community has been drawn up in Commission Decision 95/30/EC (2); whereas this list may be amended following the communication of a new list by the competent authority in Morocco;
Whereas the competent authority in Morocco has communicated a new list adding 80 establishments, and deleting 76 establishments;
Whereas it is necessary to amend the list of approved establishments accordingly;
Whereas the measures provided for in this Decision have been drawn up in accordance with the procedure laid down by Commission Decision 90/13/EEC (3),
Annex B to Decision 95/30/EC is replaced by 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 |
32003R2107 | Commission Regulation (EC) No 2107/2003 of 28 November 2003 fixing the import duties in the cereals sector
| Commission Regulation (EC) No 2107/2003
of 28 November 2003
fixing the import duties in the cereals sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1104/2003(2),
Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector(3), as last amended by Regulation (EC) No 1110/2003(4), and in particular Article 2(1) thereof,
Whereas:
(1) Article 10 of Regulation (EEC) No 1766/92 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.
(2) Pursuant to Article 10(3) of Regulation (EEC) No 1766/92, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market.
(3) Regulation (EC) No 1249/96 lays down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector.
(4) The import duties are applicable until new duties are fixed and enter into force. They also remain in force in cases where no quotation is available for the reference exchange referred to in Annex II to Regulation (EC) No 1249/96 during the two weeks preceding the next periodical fixing.
(5) In order to allow the import duty system to function normally, the representative market rates recorded during a reference period should be used for calculating the duties.
(6) Application of Regulation (EC) No 1249/96 results in import duties being fixed as set out in the Annex to this Regulation,
The import duties in the cereals sector referred to in Article 10(2) of Regulation (EEC) No 1766/92 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II.
This Regulation shall enter into force on 1 December 2003.
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 |
31994R1897 | Commission Regulation (EC) No 1897/94 of 27 July 1994 laying down detailed rules, for the application of Council Regulation (EC) No 774/94, as regards import licences for brans, sharps and other residues
| COMMISSION REGULATION (EC) No 1897/94 of 27 July 1994 laying down detailed rules, for the application of Council Regulation (EC) No 774/94, as regards import licences for brans, sharps and other residues
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 774/94 of 29 March 1994 opening and providing for the administration of certain Community tariff quotas for high-quality beef, and for pigmeat, poultrymeat, wheat and meslin, and brans, sharps and other residues (1), and in particular Article 7 (c) thereof,
Whereas the annual quota opened by Regulation (EC) No 774/94 relates, inter alia, to a total quantity of 475 000 tonnes of brans, sharps and other residues of wheat and cereals other than maize and rice falling within CN codes 2302 30 10, 2302 30 90, 2302 40 10, and 2302 40 90, for which the Common Customs Tariff duty is set in Article 6 (2) of the said Regulation;
Whereas importation of these products must be subject to the presentation of an import licence; wherea it is necessary to lay down the conditions for the issue of such licences;
Whereas preferential arrangements for the importation of brans, sharps and other residues are laid down in Council Regulations (EEC) Nos 1513/76 (2), (EEC) No 1519/76 (3), (EEC) No 1526/76 (4), (EEC) No 1251/77 (5) and (EEC) No 715/90 (6), as last amended by Regulation (EC) No 235/94 (7); whereas these arrangements involve abatement of the import levy applicable to those products; whereas cumulation of this advantage and the reduced tariff provided for in this Regulation is likely to create disturbances on the Community market; whereas such cumulation should be prohibited so that imports are not affected;
Whereas the detailed rules laid down in this Regulation must replace those laid down in Commission Regulation (EEC) No 1193/88 of 29 April 1988 laying down detailed rules for the application of the special arrangements for imports of bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals other than maize and rice covered by CN codes 2302 30 and 2302 40 (8); as amended by Regulation (EEC) No 84/89 (9); whereas that Regulation should therefore be repealed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
1. The importation of 475 000 tonnes of brans, sharps and other residues of wheat and cereals other than maize and rice falling within CN codes 2302 30 10, 2302 30 90, 2302 40 10 and 2302 40 90 and qualifying for a reduced customs tariff as provided for in Article 6 of Regulation (EC) No 774/94 shall be subject to an import licence issued in accordance with this Regulation.
2. In connection with the quota the preferential arrangements provided for in Regulations (EEC) No 1513/76, (EEC) No 1519/76, (EEC) No 1526/76, (EEC) No 1251/77 and (EEC) No 715/90 shall not apply.
3. Commission Regulations (EEC) No 3719/88 (10) and (EEC) No 891/89 (11) shall apply save in so far as this Regulation states to the contrary.
1. Applications for import licences in connection with the annual Community tariff quota provided for in Article 1 (1) shall be lodged with the competent authorities of any Member State on the first Monday of each month up to 1 p.m., Brussels time, or, if that day is not a working day, on the first following working day.
2. An application for an import licence may not relate to a quantity greater than the available balance of the quota.
3. Member States shall forward the information concerning applications for import licences to the Commission by telex or fax not later than 6 p.m., Brussels time, on the day specified in paragraph 1. This information must be forwarded separately from that relating to other applications for import licences for products falling within CN codes ex 2302 30 and ex 2302 40, in accordance with the model set out in Annex I and to the number given in Annex II.
4. If the quantity for which import licence applications have been lodged exceeds the available balance of the annual quota, the Commission shall, not later than the third working day following the lodging of applications, fix a single coefficient for reducing the quantities applied for. A licence application may be withdrawn within one working day following the day on which the reduction coefficient is fixed.
5. Member States shall forward the information concerning import licences actually issued to the Commission by telex or fax as soon as possible. This information must be forwarded to the number given in Annex II and in accordance with the model set out in Annex I.
6. Without prejudice to paragraph 4, licences shall be issued on the fifth working day following the day on which the application is lodged.
Notwithstanding Article 21 (1) of Commission Regulation (EEC) No 3183/80 (12), the period of validity of licences shall be calculated from the date of actual issue.
7. The Commission shall inform the Member States of the available balance of the quota after deducting the quantities for which licences have been issued.
1. Notwithstanding Article 8 of Regulation (EEC) No 891/89, licences issued under this Regulation shall be valid until the end of the third month following that of issue.
However, licences shall not be valid beyond 31 December each year.
2. Notwithstanding Article 9 of Regulation (EEC) No 3719/88, rights deriving from the import licence shall not be transferable.
The import licence application and the licence shall be completed as follows:
- sections 7 and 8 respectively shall give the product's country of provenance and country of origin,
- in sections 7 and 8, the word 'yes' must be marked with a cross,
- in section 9, the word 'yes' must be marked with a cross,
- nothwithstanding Article 8 (4) of Regulation (EEC) No 3719/88, the quantity released for free circulation must not be greater than that indicated, in sections 17 and 18 of the import licence. The figure 0 shall therefore be entered in section 19 of the licence,
- section 20 must contain one of the following:
- Salvado, moyuelos, otros residuos de trigo y otros cereales distintos del maíz y del arroz [Reglamento (CE) no 774/94 del Consejo],
- Klid og andre restprodukter af hvede og andre kornsorter bortset fra majs og ris [Raadets forordning (EF) nr. 774/94],
- Kleie und andere Rueckstaende von Weizen und anderem Getreide als Mais und Reis (Verordnung (EG) Nr. 774/94 des Rates),
- Pityra en genei kai alla ypoleimmata sorgoy kai allon sitiron ektos apo to kalampoki kai to ryzi (kanonismos (EK) arith. 774/94 toy Symvoylioy),
- Brans, sharps and other residues of wheat and cereals other than maize and rice [Council Regulation (EC) No 774/94],
- Sons, remoulages et autres résidus de froment et d'autres céréales que le maïs et le riz [règlement (CE) no 774/94 du Conseil],
- Crusche, stacciature e altri residui di frumento di altri cereali diversi dal granturco e dal riso [regolamento (CE) n. 774/94 del Consiglio],
- Zemelen, slijpsel en andere resten van tarwe en van andere granen dan maïs en rijst [Verordening (EG) nr. 774/94 van de Raad],
- Sêmeas, farelos e outros resíduos de trigo e outros cereais que nao o milho e o trigo [Regulamento (CE) nº 774/94 do Conselho].
- section 24 must contain one of the following:
- Exacción reguladora variable cero. Derecho del arancel aduanero común reducido. Contingente abierto por el Reglamento (CE) no 774/94 del Consejo,
- Variabel nulafgift. Nedsat sats i den faelles toldtarif. Kontingent aabnet i henhold til Raadets forordning (EF) nr. 774/94,
- Veraenderliche Abschoepfung Null. Verringerter Satz des Gemeinsamen Zolltarifs. Mit der Verordnung (EG) Nr. 774/94 des Rates eroeffnetes Kontingent,
- Metavlita eisfora 0. Meiomenos dasmos toy koinoy dasmologioy. Anoigma posostosis apo ton kanonismo (EK) arith. 774/94 toy Symvoylioy,
- Variable levy zero. Common Customs Tariff duty reduced. Quota opened by Council Regulation (EC) No 774/94,
- Prélèvement variable zéro. Droit du tarif douanier commun réduit. Contingent ouvert par le règlement (CE) no 774/94 du Conseil,
- Prelievo variabile zero. Dazio della tariffa doganale comune ridotto. Contingente aperto a norma del regolamento (CE) n. 774/94 del Consiglio,
- Variabele heffing 0. Verlaagd recht van het gemeenschappelijk douanetarief. Contingent geopend bij Verordening (EG) nr. 774/94 van de Raad,
- Direito nivelador 0. Direito da Pauta Aduaneira Comum reduzido. Contingente aberto pelo Regulamento (CE) nº 774/94 do Conselho.
Regulation (EEC) No 1193/88 is repealed.
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 |
32008R1291 | Commission Regulation (EC) No 1291/2008 of 18 December 2008 concerning the approval of control programmes for salmonella in certain third countries in accordance with Regulation (EC) No 2160/2003 of the European Parliament and of the Council and listing of avian influenza surveillance programmes in certain third countries and amending Annex I to Regulation (EC) No 798/2008 (Text with EEA relevance)
| 19.12.2008 EN Official Journal of the European Union L 340/22
COMMISSION REGULATION (EC) No 1291/2008
of 18 December 2008
concerning the approval of control programmes for salmonella in certain third countries in accordance with Regulation (EC) No 2160/2003 of the European Parliament and of the Council and listing of avian influenza surveillance programmes in certain third countries and amending Annex I to Regulation (EC) No 798/2008
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/539/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 21(1), Article 22(3), Article 23, Article 24(2) and Articles 26 and 27a thereof,
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (2), and in particular Article 8(4) and Article 9(2)(b) thereof,
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 (3), and in particular Article 10(2) thereof,
Whereas:
(1) Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (4) provides that the commodities covered by that Regulation are only to be imported into and transit through the Community from the third countries, territories, zones or compartments listed in the table in Part 1 of Annex I thereto. It also lays down the veterinary certification requirements for such commodities and models of the veterinary certificates to accompany them are set out in Part 2 of that Annex. Regulation (EC) No 798/2008 applies from 1 January 2009.
(2) Article 10 of Regulation (EC) No 798/2008 provides that where an avian influenza surveillance programme is required in the certificate, commodities are only to be imported into the Community from those third countries, territories, zones or compartments which have had such a programme in place for a period for at least six months and the programme meets that requirement referred to in that Article and is indicated in column 7 of the table in Part 1 of Annex I to that Regulation.
(3) Brazil, Canada, Chile, Croatia, South Africa, Switzerland and the United States of America have submitted their avian influenza surveillance programmes to the Commission for evaluation. The Commission has examined those programmes and they meet the requirements referred to in Article 10 of Regulation (EC) No 798/2008. Accordingly, those programmes should be indicated in column 7 of the table in Part 1 of Annex I to that Regulation.
(4) Regulation (EC) No 2160/2003 lays down rules for the control of Salmonella and other zoonotic agents in different poultry populations in the Community. It provides for Community targets for the reduction of the prevalence of all Salmonella serotypes with public health significance in different poultry populations. As from the dates mentioned in Annex I, column 5 of that Regulation, admission to or retention on the list of third countries provided for in Community legislation, for the relevant species or category, from which Member States are authorised to import those animals or hatching eggs covered by this Regulation shall be subject to submission to the Commission by the third country concerned of a control programme. Such programme should be equivalent to those submitted by the Member States and subject to approval by the Commission.
(5) Croatia has submitted to the Commission its control programmes for Salmonella in breeding poultry of Gallus gallus, hatching eggs thereof, laying hens of Gallus gallus, table eggs thereof and day-old chicks of Gallus gallus intended for breeding or laying. Those programmes provide guarantees equivalent to the guarantees provided for in Regulation (EC) No 2160/2003. They should therefore be approved.
(6) Commission Decision 2007/843/EC (5) approved control programmes submitted by the United States of America, Israel, Canada and Tunisia as regards Salmonella in flocks of breeding hens. The United States of America has now submitted to the Commission its additional control programme for Salmonella in respect of day-old chicks of Gallus gallus, intended for laying or fattening. That programme provides guarantees equivalent to the guarantees provided for in Regulation (EC) No 2160/2003. It should therefore be approved. Israel clarified that its Salmonella control programme only applies to the broiler meat production chain.
(7) Within the framework of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (6), Switzerland has sent to the Commission its control programmes for Salmonella in breeding poultry of Gallus gallus, hatching eggs thereof, laying hens of Gallus gallus, table eggs thereof, day-old chicks of Gallus gallus intended for breeding or laying and broilers. Those programmes provide similar guarantees to the guarantees provided for in Regulation (EC) No 2160/2003. For clarity reasons, this should be reflected accordingly in column 9 of the table in Part 1 of Annex I to Regulation (EC) No 798/2008.
(8) Certain other third countries currently listed in Part 1 of Annex I to Regulation (EC) No 798/2008 have not yet submitted any control programme for Salmonella to the Commission, or the programmes already submitted do not provide guarantees equivalent to those provided for in Regulation (EC) No 2160/2003. Since the requirements concerning breeding and productive poultry of Gallus gallus, eggs thereof and, day-old chicks of Gallus gallus, provided for in Regulation (EC) No 2160/2003, are to apply from 1 January 2009 within the Community, imports of such poultry and eggs should therefore no longer be authorised from those third countries after that date. The list of third countries, territories, zones or compartments set out in Part 1 of Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.
(9) In order to provide guarantees equivalent to those provided for in Regulation (EC) No 2160/2003, third countries, from which Member States are authorised to import slaughter poultry of Gallus gallus, should certify that the control programme for Salmonella has been applied to the flock of origin and that that flock has been tested for the presence of Salmonella serotypes of public health significance.
(10) Commission Regulation (EC) No 1177/2006 of 1 August 2006 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards requirements for the use of specific control methods in the framework of the national control programmes for the control of salmonella in poultry (7) lays down certain rules for the use of antimicrobials and vaccines in the framework of the national control programmes.
(11) Third countries from which Member States are authorised to import slaughter poultry of Gallus gallus should certify that the specific requirements for the use of antimicrobials and vaccines provided for in Regulation (EC) No 1177/2006 are applied. If antimicrobials have been used for other purposes than the control of Salmonella, since such use may influence the testing for Salmonella at import, it should also be indicated in the veterinary certificate. The model veterinary certificate for the import of slaughter poultry and poultry for restocking game supplies other than ratites as set out in Part 2 of Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.
(12) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
The control programmes submitted by Croatia to the Commission on 11 March 2008 in accordance with Article 10(1) of Regulation (EC) No 2160/2003 are approved as regards Salmonella in breeding poultry of Gallus gallus, hatching eggs thereof, laying hens of Gallus gallus, table eggs thereof and day-old chicks of Gallus gallus intended for breeding or laying.
The control programme submitted by the United States of America to the Commission on 6 June 2006 in accordance with Article 10(1) of Regulation (EC) No 2160/2003 is approved as regards Salmonella in day-old chicks of Gallus gallus intended for laying or fattening.
The control programmes sent by Switzerland to the Commission on 6 October 2008 provide similar guarantees to those provided for in Article 10(1) of Regulation (EC) No 2160/2003 as regards Salmonella in breeding poultry of Gallus gallus, hatching eggs thereof, laying hens of Gallus gallus, table eggs thereof, day-old chicks of Gallus gallus intended for breeding or laying and broilers.
Annex I to Regulation (EC) No 798/2008 is amended in accordance with the Annex to this Regulation.
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.25 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 |
31994D0294 | 94/294/EC: Council Decision of 17 May 1994 relating to the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile on imports of apples and pears into the Community
| 25.5.1994 EN Official Journal of the European Communities L 130/35
COUNCIL DECISION
of 17 May 1994
relating to the conclusion of an Agreement in the form of an exchange of letters between the European Community and the Republic of Chile on imports of apples and pears into the Community
(94/294/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof in conjunction with the first sentence of Article 228 (2), and Article 28 of Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1),
Having regard to the recommendation from the Commission,
Whereas the Republic of Chile has taken action within GATT further to the application by the European Community of tariff measures in the form of countervailing charges on imports of apples, in application of Articles 24, 25 and 26 of Council Regulation (EEC) No 1035/72;
Whereas the Community and Chile have entered into discussions with the aim of solving this and other issues in relation with the conclusion of the GATT Uruguay Round;
Whereas those discussions have resulted in an Agreement in the form of an exchange of letters; whereas it is in the interest of the Community to approve the said Agreement,
The Agreement in the form of an exchange of letters between the European Community and the Republic of Chile on imports of apples and pears into the Community is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.
This Decision shall be published in the Official Journal of the European Communities. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 |
31980D0001 | 80/1/EEC: Commission Decision of 7 December 1979 for the resolution of the dispute between the Kingdom of Denmark and the other Member States over the publication of reference tariffs for the cross-frontier carriage of goods by road
| COMMISSION DECISION of 7 December 1979 for the resolution of the dispute between the Kingdom of Denmark and the other Member States over the publication of reference tariffs for the crossfrontier carriage of goods by road (80/1/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2831/77 of 12 December 1977 on the fixing of rates for the carriage of goods by road between Member States (1), and in particular the second paragraph of Article 7 (2) thereof,
Having regard to the opinion of the Committee referred to in Article 16 of that Regulation,
Whereas:
I
Denmark requested the Commission of the European Communities on 31 August 1979 in accordance with Article 7 (2) of Regulation (EEC) No 2831/77 to resolve, on the basis of the provisions of the second subparagraph of Article 6 (2) of that Regulation, the dispute which had arisen between it and the other Member States over the introduction of reference tariffs in the carriage of goods by road to and from Denmark which had been proposed by the professional organizations within the industry.
The Danish Government, which objected to the introduction of these tariffs, takes the view that the proposed tariff level is generally 10 % too high, and the surcharges on special vehicles 20 % more than they should be.
The Government argues that this conclusion is borne out by a comparison of the effective freight charges in all markets where goods are carried by road between the other Member States and Denmark.
In support of its claim that the proposed reference tariffs should be reduced by the aforesaid amounts advances the following arguments: (i) the Ministry of Transport, in cooperation with the Danish Association of Road Hauliers, the Transport Users' Committee and the Association of Danish Forwarding Agents has investigated the extent of the difference between the market rates and the proposed reference tariff level;
(ii) the Transport Users' Committee and the Association of Forwarding Agents have established that the tariff level is at least 30 % above the average market rates. Certain rates even exceed by more than 100 % the normally agreed freight rates;
(iii) the Ministry's investigations, based on a study conducted in 1973, but which takes into account the interventing increase in costs, has shown that the tariff level exceeded the market rates in 1973 by 16 % and was 10 % above the level of rates at 1 July 1979.
The other Governments have not accepted the Danish arguments, and maintain that, in view of the non-compulsory nature of the reference tariffs, an objection to the proposed measures is not justified under prevailing market conditions. (1)OJ No L 334, 24.12.1977, p. 22.
The German Government, which arranged for the Federal Road Haulage Institution to carry out market surveys, points out, moreover, that in a comparison of the proposed tariff level with the market data for the first half of 1979 the latter were some 6 to 13 % under the recommended freight rates in respect of the 10, 15, 20 and 23 tonnes categories. The German Government finds that such differences are normal with regard to reference tariffs and that it must also be borne in mind that the progressive increase in costs will have the effect of further reducing the gap between tariff rates and market rates.
II
The Commission, in settling the dispute, must ensure that the proposed tariffs are consistent with the Regulation and particularly with the objectives and criteria laid down therein for reference tariffs.
Article 5 of the Regulation provides that the reference tariffs shall be established in such a way as to lead to the application of transport rates which cover the costs of the corresponding services, including the general expenses of the business, and allow a fair profit.
In the Commission's view the draft tariffs in question for the carriage of goods by road to and from Denmark are consistent with the criteria laid down in this provision. The cost models and methods of calculation used to construct these tariffs accord with the usual rules and practices in business economics.
The values used in the calculation of costs, based on the situation at 1 January 1978, seem to be sound and the level of 5 % used to calculate profit and the risk to the undertaking may also be regarded as appropriate. This assessment must also be seen in the light of Article 78 of the EEC Treaty, under which any measures taken within the framework of the Treaty in respect of transport rates and conditions shall take account of the economic circumstances of carriers.
It must also be remembered that the four different types of average costs (fixed, staff, distance costs and overheads including risk and profit) were calculated on the assumption that in the performance of the services in question all the provisions which apply to the international carriage of goods by road, and in particular the social provisions, would be observed, which is necessary in order to encourage transport operators to avoid competing by cutting prices, which would only be possible if those provisions were systematically ignored. Naturally, because of differing rates of depreciation and insurance, there may well be differences between the theoretical cost upon which the calculation of tariffs is based and the actual costs of transport operators, while the profit which a company is prepared to accept for a particular transport operation will in many cases be lower than the 5 % recommended in the tariffs. The resultant freedom to fix individual rates outside the recommended tariffs, on the basis of the market situation and of the particular interests of the undertakings concerned, is an inherent part of the system.
Under Article 4 of the Regulation, the reference tariffs are to be differentiated in such a way as to promote the fixing of rates which do not depart too widely from the tariffs. Even if this Article does not require that the reference tariffs must take market conditions into account as a criterion for determining rates, it nevertheless requires that the tariffs be drawn up in such a way that they may influence actual freight charges. Recommended rates can only secure this objective if they are set at a suitable level, which may serve as a guide to hauliers and users in fixing rates freely in accordance with Article 3 of the Regulation.
The Commission also considers the reference tariffs, consistent with the Regulation, in the light of Articles 3 and 4 thereof.
Variations in either direction of approximately 10 % between the reference tariffs and market rates are inherent in the system and merely reflect the inevitable differences both in operators' policies and in the relationships between supply and demand as affected by the particular features of the various sections of the transport market.
It should also be noted that the differences quoted by the Danish Government, and confirmed by the German market studies, relate to past market conditions. In the meantime rising costs have forced up market rates, thus reducing these differences.
The Danish Government has not made clear what are its precise objections with regard to the special-vehicle surcharges envisaged in the proposed tariffs. Experience with compulsory bracket tariffs, which provide for comparable surcharges, has shown that such surcharges are accepted and are reflected in the price agreements drawn up for individual transport operations. The economic basis for the calculation of the surcharges is perfectly sound, while their implementation may be left, given that the reference tariffs are not compulsory, to the free play of market forces.
Accordingly it is found that the proposed reference tariffs for the carriage of goods by road to and from Denmark are consistent with the provisions of Articles 3, 4 and 5 of the Regulation. The tariffs must consequently be adopted and published as soon as possible,
1. The proposals by the relevant professional organizations for reference tariffs for the carriage of goods by road for hire or removal between Denmark and the other Member States satisfy the requirements of Regulation (EEC) No 2831/77 and shall take effect in accordance with that Regulation.
2. The Member States concerned shall notify this Decision to the relevant road hauliers' professional organizations at the latest by 31 December 1979 and shall request these latter to take the necessary measures to ensure that the tariffs are published as soon as possible in tariff bulletins and in the specialized press.
This Decision 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 |
32007D0615 | 2007/615/EC: Commission Decision of 20 September 2007 concerning the non-inclusion of benfuracarb in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (notified under document number C(2007) 4285) (Text with EEA relevance )
| 21.9.2007 EN Official Journal of the European Union L 246/47
COMMISSION DECISION
of 20 September 2007
concerning the non-inclusion of benfuracarb in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance
(notified under document number C(2007) 4285)
(Text with EEA relevance)
(2007/615/EC)
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), and in particular the fourth subparagraph of Article 8(2) thereof,
Whereas:
(1) Article 8(2) of Directive 91/414/EEC provides that a Member State may, during a period of 12 years following the notification of that Directive, authorise the placing on the market of plant protection products containing active substances not listed in Annex I of that Directive that are already on the market two years after the date of notification, while those substances are gradually being examined within the framework of a programme of work.
(2) Commission Regulations (EC) No 451/2000 (2) and (EC) No 703/2001 (3) lay down the detailed rules for the implementation of the second stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes benfuracarb.
(3) For benfuracarb the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 451/2000 and (EC) No 703/2001 for a range of uses proposed by the notifier. Moreover, those regulations designate the Rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 8(1) of Regulation (EC) No 451/2000. For benfuracarb the Rapporteur Member State was Belgium and all relevant information was submitted on 2 August 2004.
(4) The assessment report has been peer reviewed by the Member States and the EFSA within its Working Group Evaluation and presented to the Commission on 28 July 2006 in the format of the EFSA conclusion regarding the peer review of the pesticide risk assessment of the active substance benfuracarb. This report has been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 16 March 2007 in the format of the Commission review report for benfuracarb.
(5) During the evaluation of this active substance, a number of concerns have been identified. Benfuracarb is a substance of which the main metabolite is carbofuran, itself an active substance which has been reviewed under Directive 91/414/EEC. The use of benfuracarb leads to the presence of the metabolite carbofuran which is considerably more toxic than the parent compound benfuracarb. For the carbofuran residues, resulting from the use of benfuracarb, the assessment has raised a concern about the acute exposure of vulnerable groups of consumers, in particular children. However, the EFSA has stated that it is not possible to assess the risk for consumers completely due to a lack of data in the dossier presented by the notifier. Furthermore, the data lodged within the legal deadlines were insufficient for the EFSA to allow a full assessment of the risk of ground water contamination from metabolites other than carbofuran. Finally, based on the available data, it has not been demonstrated that the risk to birds and mammals, aquatic organisms, ground dwelling organisms, earthworms and other non-target organisms is acceptable. Consequently, it was not possible to conclude on the basis of the information available that benfuracarb met the criteria for inclusion in Annex I to Directive 91/414/EEC.
(6) The Commission invited the notifier to submit its comments on the results of the peer review and on its intention or not to further support the substance. The notifier submitted its comments which have been carefully examined. However, despite the arguments put forwards by the notifier, the concerns identified could not be eliminated, and assessments made on the basis of the information submitted and evaluated during the EFSA expert meetings have not demonstrated that it may be expected that, under the proposed conditions of use, plant protection products containing benfuracarb satisfy in general the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC.
(7) Benfuracarb should therefore not be included in Annex I to Directive 91/414/EEC.
(8) Measures should be taken to ensure that authorisations granted for plant protection products containing benfuracarb are withdrawn within a fixed period of time and are not renewed and that no new authorisations for such products are granted.
(9) Any period of grace granted by a Member State for the disposal, storage, placing on the market and use of existing stocks of plant protection products containing benfuracarb should be limited to 12 months in order to allow existing stocks to be used in one further growing season, which ensures that plant protection products containing benfuracarb remain available to farmers for 18 months from the adoption of this Decision.
(10) This Decision does not prejudice the submission of an application for benfuracarb according to the provisions of Article 6(2) of Directive 91/414/EEC in view of a possible inclusion in its Annex I.
(11) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Benfuracarb shall not be included as active substance in Annex I to Directive 91/414/EEC.
Member States shall ensure that:
(a) authorisations for plant protection products containing benfuracarb are withdrawn by 20 March 2008;
(b) no authorisations for plant protection products containing benfuracarb are granted or renewed from the date of publication of this Decision.
Any period of grace granted by Member States in accordance with the provisions of Article 4(6) of Directive 91/414/EEC, shall be as short as possible and shall expire on 20 March 2009 at the latest.
This Decision is addressed to the Member States. | 0.2 | 0.2 | 0.4 | 0 | 0 | 0 | 0 | 0 | 0.2 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32012R0709 | Council Implementing Regulation (EU) No 709/2012 of 2 August 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran
| 3.8.2012 EN Official Journal of the European Union L 208/2
COUNCIL IMPLEMENTING REGULATION (EU) No 709/2012
of 2 August 2012
implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran
THE COUNCIL OF THE EUROPEAN UNION
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 267/2012 (1), and in particular Article 46(1) and (2) thereof,
Whereas:
(1) On 23 March 2012, the Council adopted Regulation (EU) No 267/2012.
(2) The Council considers that certain persons should be removed from the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex IX to Regulation (EU) No 267/2012 and that the entries concerning certain entities should be amended.
(3) Following the decision by the United Nations Security Council (UNSC) Committee established pursuant to UNSC Resolution 1737 (2006), two persons and one entity should be removed from the list set out in Annex IX to Regulation (EU) No 267/2012 and included in the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex VIII to that Regulation.
(4) The lists set out in Annexes VIII and IX to Regulation (EU) No 267/2012 should therefore be amended accordingly.
(5) In order to ensure that the measures provided for in this Regulation are effective, it should enter into force on the day of its publication,
The persons listed in Annex I to this Regulation shall be deleted from the list set out in Annex IX to Regulation (EU) No 267/2012.
In Annex IX to Regulation (EU) No 267/2012, the entries concerning the entities referred to in Annex II to this Regulation shall be replaced by the entries set out in Annex II to this Regulation.
The persons and entity listed in Annex III to this Regulation shall be deleted from the list set out in Annex IX to Regulation (EU) No 267/2012 and added to the list set out in Annex VIII to Regulation (EU) No 267/2012, as amended by the entries set out in Annex III to this Regulation.
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32013R0191 | Commission Implementing Regulation (EU) No 191/2013 of 5 March 2013 amending Regulations (EC) No 798/2008, (EC) No 119/2009 and (EU) No 206/2010 and Decision 2000/572/EC as regards animal welfare attestation in the models of veterinary certificates Text with EEA relevance
| 6.3.2013 EN Official Journal of the European Union L 62/22
COMMISSION IMPLEMENTING REGULATION (EU) No 191/2013
of 5 March 2013
amending Regulations (EC) No 798/2008, (EC) No 119/2009 and (EU) No 206/2010 and Decision 2000/572/EC as regards animal welfare attestation in the models of veterinary certificates
(Text with EEA relevance)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular Article 9(4)(b) thereof,
Whereas:
(1) Commission Regulation (EC) No 798/2008 (2) lays down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Union and the veterinary certification requirements.
(2) Commission Regulation (EC) No 119/2009 (3) lays down a list of third countries or parts thereof, for imports into, or transit through, the Union of meat of wild leporidae, of certain wild land mammals and of farmed rabbits and the veterinary certification requirements.
(3) Commission Regulation (EU) No 206/2010 (4) lays down the veterinary certification requirements for the introduction into the Union of certain consignments of live animals or fresh meat. It also establishes lists of third countries, territories or parts thereof which fulfil certain criteria and from which therefore consignments may be introduced into the Union and the veterinary certification requirements for the introduction into the Union of certain consignments of fresh meat from ungulates as defined in Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC (5).
(4) Commission Decision 2000/572/EC (6) lays down animal and public health conditions and veterinary certification for imports of meat preparations from third countries.
(5) Council Regulation (EC) No 1099/2009 (7) lays down rules for the protection of animals at the time of killing, which apply from 1 January 2013.
(6) Article 12 of that Regulation establishes that the health certificate accompanying meat imported from third countries are to be supplemented by an attestation certifying that requirements at least equivalent to those laid down in Chapters II and III of that Regulation have been met.
(7) For reasons of clarity, the animal welfare statements in the model of veterinary certificates ‘POU’ and ‘RAT’ laid down in Part 2 of Annex I to Regulation (EC) No 798/2008, in the model of veterinary certificate ‘RM’ laid down in Annex II to Regulation (EC) No 119/2009, in the models of veterinary certificates ‘BOV’, ‘OVI’, ‘POR’, ‘EQU’ and ‘SUF’ laid down in Part 2 of Annex II to Regulation (EU) No 206/2010 and the model of veterinary certificate ‘MP-PREP’ laid down in Annex II to Decision 2000/572/EC should be updated.
(8) Such statement should also be added to the model of veterinary certificate ‘RUF’ laid down in Part 2 of Annex II to Regulation (EU) No 206/2010 in order to provide the necessary certification only in the case that farmed game animals would be slaughtered or killed in a slaughterhouse.
(9) It is appropriate to introduce a transitional period to allow third countries to adapt to the amended models of veterinary certificates.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Amendments to Regulation (EC) No 798/2008
In the model of veterinary certificates ‘POU’ and ‘RAT’ in Part 2 of Annex I to Regulation (EC) No 798/2008, point II.3 is replaced by the following:
‘II.3. Animal welfare attestation
I, the undersigned official veterinarian, hereby certify, that the fresh meat described in Part I of this certificate derives from animals which have been handled in the slaughterhouse before and at the time of slaughter or killing in accordance with the relevant provisions of Union legislation and have met requirements at least equivalent to those laid down in Chapters II and III of Council Regulation (EC) No 1099/2009 (8).
Amendment to Regulation (EC) No 119/2009
In the model of veterinary certificate ‘RM’ in Annex II to Regulation (EC) No 119/2009, point V is replaced by the following:
‘V. ANIMAL WELFARE ATTESTATION
I, the undersigned official veterinarian, hereby certify, that the fresh meat described in Part I of this certificate derives from animals which have been handled in the slaughterhouse before and at the time of slaughter or killing in accordance with the relevant provisions of Union legislation and have met requirements at least equivalent to those laid down in Chapters II and III of Council Regulation (EC) No 1099/2009 (9).
Amendments to Regulation (EU) No 206/2010
Regulation (EU) No 206/2010 is amended as follows:
(1) in the models of veterinary certificates ‘BOV’, ‘OVI’, ‘POR’, ‘EQU’ and ‘SUF’ in Part 2 of Annex II, point II.3 is replaced by the following:
(2) in the model of veterinary certificate ‘RUF’, in Part 2 of Annex II, the following point II.3 is inserted after point II.2.7:
Amendment to Decision 2000/572/EC
In the model of veterinary certificate ‘MP-PREP’, in Annex II to Decision 2000/572/EC, point II.3 is replaced by the following:
‘II.3. Animal welfare attestation
I, the undersigned official veterinarian, hereby certify, that the meat preparations (1) described in Part I of this certificate are derived from meat from animals which have been handled in the slaughterhouse before and at the time of slaughter or killing in accordance with the relevant provisions of Union legislation and have met requirements at least equivalent to those laid down in Chapters II and III of Council Regulation (EC) No 1099/2009 (12).
Transitional provision
For a transitional period until 31 January 2014, consignments of products of animal origin accompanied by the relevant veterinary certificates issued no later than 30 November 2013 in accordance with the models of veterinary certificates before the entry into force of this Regulation may continue to be introduced into the Union.
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32008R0879 | Commission Regulation (EC) No 879/2008 of 9 September 2008 opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Italy, Hungary, Slovakia and Sweden for the marketing year 2008/09
| 10.9.2008 EN Official Journal of the European Union L 241/13
COMMISSION REGULATION (EC) No 879/2008
of 9 September 2008
opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Italy, Hungary, Slovakia and Sweden for the marketing year 2008/09
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 (1), and in particular Article 43(d) in conjunction with Article 4 thereof,
Whereas:
(1) Article 39(1) of Commission Regulation (EC) No 952/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system (2) provides that the intervention agencies may sell sugar only after a decision to that effect has been adopted by the Commission.
(2) Such a decision was taken by Commission Regulation (EC) No 1060/2007 of 14 September 2007 opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Slovakia and Sweden (3). Under that Regulation, tenders may be submitted for the last time between 11 and 24 September 2008.
(3) It is foreseeable that intervention stocks of sugar will continue to exist in most of the Member States concerned after expiry of that last possibility to submit tenders. In order to respond to the continued market needs, it is, therefore, appropriate to open a further standing invitation to tender to make these stocks available for export.
(4) Community exports to certain close destinations and to third countries granting Community products a preferential import treatment are currently in a particular favourable competitive position. In order to prevent any abuse associated with the reimport or reintroduction into the Community of sugar sector products that have qualified for export, sugar made available under the above standing invitation to tender should not be made available for export to those destinations.
(5) For the marketing year 2008/09, no budget has been allocated to export refunds for sugar. Therefore, it is necessary to derogate from the procedures laid down under Regulation (EC) No 952/2006 insofar as they were designed for a situation in which export refunds would be paid.
(6) To allow comparison of tender prices for sugar of different qualities, the tender price should refer to sugar of the standard quality as defined in Part B of Annex IV to Regulation (EC) No 1234/2007.
(7) The intervention agencies of Belgium, the Czech Republic, Ireland, Italy, Hungary, Slovakia and Sweden should communicate the tenders to the Commission. The tenderers should remain anonymous.
(8) Pursuant to Article 42(2)(c) of Regulation (EC) No 952/2006, it is appropriate to fix a minimum quantity per tenderer or per lot.
(9) To take account of the situation on the Community market, provision should be made for the Commission to fix a minimum selling price for each partial invitation to tender.
(10) The minimum selling price refers to sugar of the standard quality. Provision should be made to adjust the selling price in cases where the sugar is not of this quality.
(11) The quantities available for a Member State that can be awarded when the Commission fixes the minimum selling price should take into account the quantities awarded pursuant to Commission Regulation (EC) No 877/2008 of 9 September 2008 opening a standing invitation to tender for the resale on the Community market of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Italy, Hungary, Slovakia and Sweden (4) and Commission Regulation (EC) No 878/2008 of 9 September 2008 opening a standing invitation to tender for the resale for industrial use of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Italy, Hungary, Slovakia and Sweden (5).
(12) For the same reason as the one set out in recital 5 above, the export licence issued in accordance with Article 48(2)(a) of Regulation (EC) No 952/2006 cannot specify the export refund.
(13) Pursuant to Article 42(2)(e) of Regulation (EC) No 952/2006, it is appropriate to determine the period of validity of the export licences.
(14) To ensure that the quantities awarded pursuant to this Regulation are exported, the security to be lodged when applying for an export licence should be set at a dissuasive level to avoid any risk of these quantities being used for other purposes.
(15) In order to ensure proper management of sugar in storage, provision should be made for a communication from the Member States to the Commission on the quantities actually sold and exported.
(16) The second paragraph of Article 59 of Regulation (EC) No 952/2006 provides that Commission Regulation (EC) No 1262/2001 (6) continues to apply to sugar accepted into intervention before 10 February 2006. However, for the resale of intervention sugar, this distinction is unnecessary and its implementation would create administrative difficulties for the Member States. It is therefore appropriate to exclude the application of Regulation (EC) No 1262/2001 to the resale of intervention sugar pursuant to this Regulation.
(17) 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 intervention agencies of Belgium, the Czech Republic, Ireland, Italy, Hungary, Slovakia and Sweden listed in Annex I shall offer for sale a total quantity of 345 539 tonnes of sugar by standing invitation to tender for export to all destinations, excluding the following:
(a) third countries: Andorra, Liechtenstein, the Holy See (Vatican City State), Croatia, Bosnia and Herzegovina, Montenegro, Albania, the former Yugoslav Republic of Macedonia, and Serbia, as well as Kosovo under UNSC Resolution 1244/99;
(b) territories of EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the communes of Livigno and Campione d'Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;
(c) European territories for whose external relations a Member State is responsible not forming part of the customs territory of the Community: Gibraltar.
The maximum quantities involved per Member State are set out in Annex I.
The tendering procedure shall determine the selling price.
1. The period during which tenders may be submitted in response to the first partial invitation to tender shall begin on 1 October 2008 and shall end on 15 October 2008 at 15.00 Brussels time.
The periods during which tenders may be submitted in response to the second and subsequent partial invitations shall begin on the first working day following the end of the preceding period. They shall end at 15.00 Brussels time on:
— 29 October 2008,
— 12 and 26 November 2008,
— 3 and 17 December 2008,
— 7 and 28 January 2009,
— 11 and 25 February 2009,
— 11 and 25 March 2009,
— 15 and 29 April 2009,
— 13 and 27 May 2009,
— 10 and 24 June 2009,
— 1 and 15 July 2009,
— 5 and 26 August 2009,
— 9 and 23 September 2009.
2. The purpose of the tendering procedure shall be to determine the minimum price which tenderers are willing to pay for the sugar referred to in Article 1. Since that sugar will not benefit from export refunds, this price shall not take account of any export refund, by way of derogation from Article 42(1)(d) of Regulation (EC) No 952/2006.
3. The tender price shall refer to white sugar and raw sugar of the standard quality as defined in Part B of Annex IV to Regulation (EC) No 1234/2007.
4. The minimum quantity of the tender per lot in accordance with Article 42(2)(c) of Regulation (EC) No 952/2006 shall be 250 tonnes unless the available quantity for that lot is less than 250 tonnes. In such cases the available quantity must be tendered.
5. Tenders shall be lodged with the intervention agency holding the sugar as set out in Annex I to this Regulation.
6. Tenders shall include a declaration by the tenderer undertaking, for any quantity of sugar awarded, to apply for an export licence.
The intervention agencies concerned shall communicate to the Commission tenders submitted within two hours after the expiry of the deadline for the submissions laid down in Article 2(1).
The tenderers shall not be identified.
Tenders submitted shall be communicated in electronic form according to the model set out in Annex II.
When no tenders are submitted, the Member State shall communicate this to the Commission within the time limit fixed in the first paragraph.
1. The Commission shall fix per Member State concerned the minimum selling price or decide not to accept the tenders in accordance with the procedure referred to in Article 195 of Regulation (EC) No 1234/2007.
2. For intervention sugar which is not of the standard quality, Member States shall adjust the actual selling price by way of application mutatis mutandis of, respectively, Article 32(6) and Article 33 of Regulation (EC) No 952/2006. In this context, the reference, in Article 32 of Regulation (EC) No 952/2006, to Annex I to Council Regulation (EC) No 318/2006 (7) shall be interpreted as a reference to Part B of Annex IV to Regulation (EC) No 1234/2007.
3. The available quantity for a lot shall be reduced by the quantities awarded the same day for that lot by Regulations (EC) No 877/2008 and (EC) No 878/2008.
Where an award at a minimum selling price set pursuant to paragraph 1 would result in that reduced available quantity for a lot being exceeded, that award shall be limited to that reduced available quantity.
Where awards for a Member State to all tenderers offering the same selling price for one lot would result in that reduced available quantity for that lot being exceeded, that reduced available quantity shall be awarded as follows:
(a) by division among the tenderers concerned in proportion of the total quantities in each of their tenders; or
(b) by apportionment among the tenderers concerned by reference to a maximum tonnage fixed for each of them; or
(c) by drawing of lots.
1. By way of derogation from Article 48(2)(a) of Regulation (EC) No 952/2006, the export licence issued shall not show an export refund.
2. Export licence applications and licences shall contain in box 20 one of the entries listed in Annex III.
3. Export licence applications shall be accompanied by a proof that the applicant has lodged a security of EUR 400 per tonne of the quantity awarded.
4. Export licences issued in connection with a partial invitation to tender shall be valid from the day of issue until the end of the fifth calendar month following that in which the partial invitation was issued.
5. At the request of the successful tenderer, the competent authority of the Member State where the export licence was issued may permit a quantity, in white sugar equivalent, of sugar produced under quota to be exported in place of the same quantity, in white sugar equivalent, of intervention sugar awarded. The competent authorities of the Member States concerned shall coordinate checks and monitoring of such an operation.
6. The security referred to in paragraph 3 shall be released in accordance with Article 34 of Commission Regulation (EC) No 376/2008 (8) for the quantity for which the applicant has fulfilled, within the meaning of Articles 30(b) and 31(b)(i) of Regulation (EC) No 376/2008, the export obligation resulting from the licences issued in accordance with paragraph 4 and for which the following three documents are presented:
(a) a copy of the transport document;
(b) a declaration that the product has been unloaded, drawn up by an official authority of the third country in question, by the official authorities of a Member State established in the country of destination, or by an international supervisory agency approved under Articles 16a to 16f of Commission Regulation (EC) No 800/1999 (9), certifying that the product has left the unloading site or at least that, to the knowledge of the authority or agency issuing the declaration, the product has not subsequently been reloaded with a view to being re-exported;
(c) a bank document issued by approved intermediaries established in the Community certifying that payment corresponding to the export in question has been credited to the account of the exporter opened with them, or proof of payment.
1. On the fifth working day at the latest after the Commission fixes the minimum selling price, the intervention agencies involved shall communicate to the Commission, according to the model set out in Annex IV, the exact quantity sold by partial invitation to tender.
2. Not later than the end of each calendar month in respect of the preceding calendar month, Member States shall notify to the Commission the quantities of sugar of the export licences returned to the competent authorities and the corresponding quantities of sugar exported, taking account of the tolerances permitted by Article 7(4) and (5) of Commission Regulation (EC) No 376/2008.
By way of derogation from the second paragraph of Article 59 of Regulation (EC) No 952/2006, Regulation (EC) No 1262/2001 shall not apply to the resale, as referred to in Article 1 of this Regulation, of sugar accepted into intervention before 10 February 2006.
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
It shall apply from 1 October 2008. It shall expire on 31 March 2010.
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 |
32002D0749 | Council Decision of 20 November 2001 on the conclusion of the Agreements in the form of an Exchange of Letters between the European Community and, of the one part, Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe and, of the other part, the Republic of India on the guaranteed prices for cane sugar for the 2000/2001 delivery period (2002/749/EC)
| Council Decision
of 20 November 2001
on the conclusion of the Agreements in the form of an Exchange of Letters between the European Community and, of the one part, Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of CĂ´te d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe and, of the other part, the Republic of India on the guaranteed prices for cane sugar for the 2000/2001 delivery period
(2002/749/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Implementation of Protocol 3 on ACP Sugar attached to Annex V to the ACP-EC Partnership Agreement(1) and of the Agreement between the European Economic Community and the Republic of India on cane sugar(2) is carried out, in accordance with Article 1(2) of each, within the framework of the management of the common organisation of the sugar market.
(2) It is appropriate to approve the Agreements in the form of an Exchange of Letters between the Community and, of the one part, the States referred to in the Protocol and, of the other part, the Republic of India on the guaranteed prices for cane sugar for the 2000/2001 delivery period,
The Agreements in the form of an Exchange of Letters between the European Community and, of the one part, Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of CĂ´te d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe and, of the other part, the Republic of India on the guaranteed prices for cane sugar for the 2000/2001 delivery period are hereby approved on behalf of the Community.
The text of the Agreements is attached to this Decision.
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreements referred to in Article 1 in order to bind the Community. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32002R0258 | Commission Regulation (EC) No 258/2002 of 12 February 2002 determining the loss of income and the premiums applicable per ewe and per female goat in the Member States and the payment of the specific aid for sheep and goat farming in certain less-favoured areas of the Community for the 2001 marketing year
| Commission Regulation (EC) No 258/2002
of 12 February 2002
determining the loss of income and the premiums applicable per ewe and per female goat in the Member States and the payment of the specific aid for sheep and goat farming in certain less-favoured areas of the Community for the 2001 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2467/98 of 3 November 1998 on the common organisation of the market in sheepmeat and goatmeat(1), as amended by Regulation (EC) No 1669/2000(2), and in particular Article 5(6) thereof,
Having regard to Council Regulation (EC) No 1454/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the Canary Islands and repealing Regulation (EEC) No 1601/92 (Poseican)(3), and in particular Article 6 thereof,
Whereas:
(1) Regulation (EC) No 2467/98 is replaced by Council Regulation (EC) No 2529/2001 of 19 December 2001 on the common organisation of the market in sheepmeat and goatmeat(4). However according to Article 31 of Regulation (EC) No 2529/2001, Regulation (EC) No 2467/98 shall continue to apply in relation to the 2001 marketing year.
(2) Article 5(1) and (5) of Regulation (EC) No 2467/98 provides for the grant of a premium to compensate for any loss of income sustained by producers of sheepmeat and, in certain areas, of goatmeat. Those areas are defined in Annex I to Regulation (EC) No 2467/98 and in Article 1 of Commission Regulation (EC) No 2738/1999 of 21 December 1999 determining the mountain areas in which the premium for goatmeat producers is granted(5).
(3) Pursuant to Article 5(6) of Regulation (EC) No 2467/98, the Member States were authorised by Commission Regulation (EC) No 1066/2001(6) to pay an initial advance of the premium and of the specific aid and by Commission Regulation (EC) No 1992/2001(7) to pay a second advance of the premium to sheepmeat and goatmeat producers. The definitive premiums to be paid in respect of the 2001 marketing year must thus be fixed.
(4) Pursuant to Article 5(2) of Regulation (EC) No 2467/98, the amount of the premium per ewe for producers of heavy lambs is obtained by multiplying the loss of income referred to in the second subparagraph of paragraph 1 of that Article by a coefficient expressing the annual average production of heavy lamb meat per ewe producing these lambs expressed per 100 kilograms of carcass weight. Article 5(3) of that Regulation fixes the coefficient for producers of light lambs at 80 % of the coefficient for producers of heavy lambs. Article 5(5) of that Regulation also fixes the amount per female for producers of the caprine species at 80 % of the premium per ewe for producers of heavy lambs.
(5) Pursuant to Article 13 of Regulation (EC) No 2467/98, the premium must be reduced by the impact on the basic price of the coefficient provided for in paragraph 2 of that Article. That coefficient is fixed by Article 13(4) at 7 %.
(6) Under Council Regulation (EEC) No 1323/90(8), as last amended by Regulation (EC) No 193/98(9), the Council instituted specific aid for sheep and goat farming in certain less-favoured areas of the Community. It lays down that the aid is to be granted under the same conditions as those for the grant of the premium for producers of sheepmeat and goatmeat.
(7) Regulation (EC) No 1454/2001 provides for the application of specific measures relating to agricultural production in the Canary Islands. Those measures entail the grant of a supplement to the premium payable to producers of light lambs and she-goats on the same conditions as those governing the grant of the premium referred to in Article 5 of Regulation (EC) No 2467/98. Those conditions provide for Spain to be authorised to pay the supplement to the premium.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sheep and Goats,
It is hereby noted that the difference between the basic price less the impact of the coefficient provided for in Article 13(2) of Regulation (EC) No 2467/98 and the Community market price during the 2001 marketing year was EUR 57,108 per 100 kilograms.
The coefficient provided for in Article 5(2) of Regulation (EC) No 2467/98 is hereby fixed at 15,91 kilograms.
The premium payable in respect of the 2001 marketing year shall be as follows:
>TABLE>
Pursuant to Article 1(1) of Regulation (EEC) No 1323/90, the Member States are authorised to pay a specific aid to producers of sheepmeat and goatmeat in less-favoured areas within the meaning of Council Regulation (EEC) No 3493/90(10). This aid or, should it be the case, the balance of this aid if advances have been made in case of application of Regulation (EC) No 1066/2001, shall be paid before 15 October 2002.
Pursuant to Article 6 of Regulation (EC) No 1454/2001, the supplement to the premium for the 2001 marketing year, to be granted to producers of light lambs and goatmeat located in the Canary Islands, shall be EUR 2,481 per ewe and/or she-goat.
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 | 0.25 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 |
32006D0577 | 2006/577/EC: Commission Decision of 22 August 2006 on certain protective measures against bluetongue (notified under document number C(2006) 3849) (Text with EEA relevance)
| 23.8.2006 EN Official Journal of the European Union L 229/10
COMMISSION DECISION
of 22 August 2006
on certain protective measures against bluetongue
(notified under document number C(2006) 3849)
(Text with EEA relevance)
(2006/577/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1) and in particular Article 10(4) thereof,
Whereas:
(1) On 17, 19 and 21 August 2006 respectively, the Netherlands, Belgium and Germany informed the Commission of a number of suspected clinical cases of bluetongue in sheep and cattle holdings in areas in the Netherlands, Belgium and Germany located in a radius of 50 km from Kerkrade, the Netherlands, where the first suspected case was notified.
(2) Belgium, Germany, Luxembourg and the Netherlands have banned the movements of animals of species susceptible to bluetongue and their semen, ova and embryos out of the affected areas, in accordance to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (2) and Commission Decision 2005/393/EC of 23 May 2005 on protection and surveillance zones in relation to bluetongue and conditions applying to movements from or through these zones (3).
(3) Appropriate measures have been adopted by the affected Member States in view of their entomological, ecological, geographical, meteorological and epidemiological situation.
(4) The spread of bluetongue from the affected area could constitute a serious hazard to animals in the Community.
(5) For the sake of clarity and transparency and pending further epidemiological and laboratory investigations, it is appropriate to adopt at Community level disease control measures concerning the movement of animals of species susceptible to bluetongue and their semen, ova and embryos from the affected areas.
(6) In the light of the evolution of the situation and the results of the further investigations carried out, the measures in place are to be reviewed at a meeting of the Standing Committee on the Food Chain and Animal Health at the earliest opportunity.
(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,
1. The Member States listed in the Annex shall ban the movement of live animals of species susceptible to bluetongue and their semen, ova and embryos collected or produced from 1 May 2006 from the areas listed in the Annex to other parts of the Community or to third countries.
2. The Member States shall grant the exemptions from the ban provided for in paragraph 1 that are referred to in Articles 4 and 6 of Decision 2005/393/EC.
3. If necessary, in the light of the entomological, ecological, geographical, meteorological and epidemiological situation, the Member States concerned shall carry out complementary examinations outside the area listed in the Annex.
The Member States concerned shall continue to apply any appropriate measures that they have already adopted.
On the basis of the results of those examinations the Member States concerned shall review those measures and may apply additional appropriate measures.
Member States shall amend the measures they apply to trade so that they conform to this Decision and publish those measures. They shall immediately inform the Commission thereof.
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 |
32001R2230 | Commission Regulation (EC) No 2230/2001 of 16 November 2001 amending Regulation (EC) No 1666/2001 adapting certain fish quotas for 2001 pursuant to Council Regulation (EC) No 847/96
| Commission Regulation (EC) No 2230/2001
of 16 November 2001
amending Regulation (EC) No 1666/2001 adapting certain fish quotas for 2001 pursuant to Council Regulation (EC) No 847/96
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), as last amended by Regulation (EC) No 2846/98(2), and in particular Article 23(1) thereof,
Having regard to Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas(3), as amended by Commission Regulation (EC) No 1957/98(4), and in particular Article 4(2) thereof,
Whereas:
(1) Following adjustments by Member States of data about landings and exchanges of fishing opportunities, some figures which constitute the basis for the Annex to Commission Regulation (EC) No 1666/2001 of 17 August 2001 adapting certain fish quotas for 2001 pursuant to Council Regulation (EC) No 847/96 introducing additional conditions for year-to-year management of TACs and quotas(5) should be revised. Therefore that Annex should be amended accordingly.
(2) In order to allow continuation of fishing activities, the amended quotas set out by this Regulation should apply as soon as possible.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,
The Annex to Regulation (EC) No 1666/2001 is replaced by the Annex to this Regulation.
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 |
31982R1935 | Council Regulation (EEC) No 1935/82 of 12 July 1982 on the supply of skimmed-milk powder as food aid to the Republic of Zimbabwe
| COUNCIL REGULATION (EEC) No 1935/82
of 12 July 1982
on the supply of skimmed-milk powder as food aid to the Republic of Zimbabwe
THE COUNCIL OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1037/82 of 26 April 1982 laying down general rules for the supply of skimmed-milk powder to certain developing countries and specialized bodies under the 1982 food-aid programme (1), and in particular Article 7 thereof,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) No 1038/82 of 26 April 1982 on the supply of skimmed-milk powder to certain developing countries and specialized bodies under the 1982 food-aid programme (2) provides for a reserve of 10 990 tonnes of skimmed-milk powder; whereas certain quantities are still available under that reserve;
Whereas the Community has received a request for food aid in the form of skimmed-milk powder from the Republic of Zimbabwe; whereas the requirements justify the granting of food aid by the Community,
From the quantity of skimmed-milk powder still available as a reserve under Regulation (EEC) No 1038/82, 2 500 tonnes shall be allocated as food aid to the Republic of Zimbabwe.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32015R0098 | Commission Delegated Regulation (EU) 2015/98 of 18 November 2014 on the implementation of the Union's international obligations, as referred to in Article 15(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council, under the International Convention for the Conservation of Atlantic Tunas and the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries
| 23.1.2015 EN Official Journal of the European Union L 16/23
COMMISSION DELEGATED REGULATION (EU) 2015/98
of 18 November 2014
on the implementation of the Union's international obligations, as referred to in Article 15(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council, under the International Convention for the Conservation of Atlantic Tunas and the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (1), and in particular Article 15(2) thereof,
Whereas:
(1) Regulation (EU) No 1380/2013 provides for the landing of all catches of species which are subject to catch limits and, in the Mediterranean, also catches of certain species which are subject to minimum sizes (‘the landing obligation’). Article 15(1) of that Regulation covers fishing activities in Union waters or by Union fishing vessels outside Union waters in waters not subject to third countries' sovereignty or jurisdiction.
(2) The landing obligation will apply from 1 January 2015 at the latest to the small and large pelagic fisheries, fisheries for industrial purposes and fisheries for salmon in the Baltic sea.
(3) The Union is a contracting party to a number of regional fisheries management organisations (‘RFMOs’) and is, therefore, bound by measures established by the RFMOs concerned.
(4) Certain RFMO measures provide for fishing vessels fishing in their purview to discard certain catches which in principle fall under the landing obligation.
(5) Article 15(2) of Regulation (EU) No 1380/2013 empowers the Commission to adopt delegated acts for the purpose of implementing international obligations into Union law, including, in particular, derogations from the landing obligation.
(6) It is therefore necessary to clarify the situations in which the landing obligation does not apply, in order to ensure compliance by the Union with its international obligations and create legal certainty for fishermen.
(7) In accordance with Recommendation 11-01 of the International Commission for the Conservation of Atlantic Tunas (‘ICCAT’) on a multiannual conservation and management programme for bigeye and yellowfin tunas, certain fishing vessels should not be allowed to fish, retain on board, tranship, transport, transfer, process or land bigeye tunas in the Atlantic.
(8) ICCAT Recommendation 13-07 establishes a discard obligation for vessels and traps catching Eastern Atlantic bluefin tuna in certain situations. In particular, paragraph 29 of that Recommendation states that bluefin tuna below a minimum reference weight or size is to be discarded. That minimum size is currently laid down in Council Regulation (EC) No 302/2009 (2). That discard obligation applies to all Eastern Atlantic bluefin tuna fisheries, including recreational and sports fisheries.
(9) Furthermore, paragraph 31 of ICCAT Recommendation 13-07 establishes a discard obligation for bluefin tuna weighing between 8 and 30 kg or with fork length between 75 and 115 cm, caught as incidental catch by vessels and traps actively fishing for this species and exceeding 5 % of the total bluefin tuna catches.
(10) The weight category for the incidental catch of bluefin tuna established by Article 9(12) of Regulation (EC) No 302/2009 is different from that established by paragraph 31 of ICCAT Recommendation 13-07, which was adopted after the entry into force of that Regulation. Pending the review of Regulation (EC) No 302/2009, paragraph 31 of that ICCAT Recommendation should be implemented in Union law by this Regulation.
(11) Paragraph 32 of ICCAT Recommendation 13-07 states that vessels not fishing actively for bluefin tuna are not authorised to retain bluefin tuna above 5 % of their total catch by weight or number of pieces.
(12) Paragraphs 34 and 41 of ICCAT Recommendation 13-07 establish a release obligation for bluefin tuna caught alive in the framework of recreational and sport fisheries.
(13) ICCAT Recommendation 13-02 for the conservation of North Atlantic swordfish establishes a discard obligation for vessels fishing for North Atlantic swordfish in certain situations. In particular, paragraph 9 states that swordfish below a minimum reference weight or size should be discarded. That minimum size is currently fixed in Council Regulation (EC) No 520/2007 (3).
(14) Furthermore, the same paragraph of Recommendation 13-02 establishes a discard obligation for swordfish weighing less than 25 kg live weight or 125 cm lower jaw fork length, caught as incidental catch and exceeding 15 % of the number of swordfish of the vessel's total swordfish catch per landing.
(15) In order to ensure consistency between ICCAT recommendations 11-01, 13-07 and 13-02 and Union law, the landing obligation should not apply to Union vessels participating in the fisheries covered by those recommendations.
(16) Article 5, Article 6.3 and Annex I.A of Northwest Atlantic Fisheries Organisation (‘NAFO’) conservation and enforcement measures establish a discard obligation for any catch of capelin above established quota or above the allowed by-catch percentage. Annex I.A currently establishes a total allowable catch (‘TAC’) of zero for capelin. In addition, capelin by-catch in other fisheries that fall under the landing obligation is, under certain conditions, also subject to a discard obligation in accordance with NAFO rules.
(17) In order to ensure consistency between NAFO conservation and enforcement measures and Union law, the landing obligation should not apply to the fisheries covered by those measures.
(18) In view of the time-frame laid down in Article 15(1) of Regulation (EU) No 1380/2013, this Regulation should enter into force immediately after the publication,
CHAPTER I
GENERAL PROVISIONS
Subject matter and scope
This Regulation establishes derogations from the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 for the purpose of implementing Union's international obligations under the International Convention for the Conservation of Atlantic Tunas and the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries. It applies to fishing activities in Union waters or by Union fishing vessels outside Union waters in waters not subject to third countries' sovereignty or jurisdiction.
Definitions
For the purpose of this Regulation the following definitions shall apply:
(1) ‘NAFO Convention area’ means the geographical areas specified in Annex III to Regulation (EC) No 217/2009 of the European Parliament and of the Council (4);
(2) ‘Fisheries under the purview of NAFO’ means the fisheries in the NAFO Convention area concerning all fishery resources, with the following exceptions: salmon, tunas and marlins, cetacean stocks managed by the International Whaling Commission or any successor organisation, and sedentary species of the Continental Shelf, i.e., organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil;
(3) ‘North Atlantic Ocean’ means the area of the Atlantic Ocean north of 5° N;
(4) ‘Recreational fisheries’ means a non-commercial fishery whose participants do not adhere to a national sport organisation or are not issued with a national sport licence;
(5) ‘Sport fishery’ means a non-commercial fishery whose participants adhere to a national sport organisation or are issued with a national sport licence.
CHAPTER II
ICCAT CONVENTION AREA
Bigeye tuna
1. This Article shall apply to bigeye tuna (Thunnus obesus) in the Atlantic Ocean.
2. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, fishing vessels 20 metres length overall or greater not entered into the ICCAT record of authorised bigeye tuna vessels shall not target, retain on board, tranship, transport, transfer, process or land bigeye tuna in the Atlantic Ocean.
Bluefin tuna
1. This Article shall apply to bluefin tuna (Thunnus thynnus) in the eastern Atlantic and the Mediterranean.
2. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, it shall be prohibited to target, retain on board, tranship, transfer, land, transport, store, sell, display or offer for sale bluefin tuna below minimum size set out in Article 9(1) of Regulation (EC) No 302/2009.
3. By way of derogation from paragraph 2 of this Article and from Article 15(1) of Regulation (EU) No 1380/2013, incidental catches of maximum 5 % of bluefin tuna between 8 kg or 75 cm and minimum size set out in Article 9(1) of Regulation (EC) No 302/2009 in kg or cm by catching vessels and traps fishing actively for bluefin tuna may be retained on board, transhipped, transferred, landed, transported, stored, sold, displayed or offered for sale.
4. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the catching vessels and traps fishing actively for bluefin tuna shall not retain bluefin tuna weighing between 8 and 30kg or with a fork length between 75 and 115 cm exceeding 5 % of bluefin tuna.
5. The percentage of 5 % referred to in paragraphs 3 and 4 shall be calculated on the basis of the total incidental catches of bluefin tuna in number of fish of the total catches of bluefin tuna retained on board the vessel at any time after each fishing operation.
6. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, catching vessels not fishing actively for bluefin tuna shall not retain on board bluefin tuna exceeding 5 % of the total catch on board by weight or number of pieces. The calculation based on the number of pieces shall only apply to tuna and tuna-like species managed by ICCAT.
7. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, if the quota allocated to the Member State of the fishing vessel or trap concerned has already been consumed:
(a) by-catches of bluefin tuna shall be avoided; and
(b) the bluefin tuna caught alive as by-catch shall be released.
8. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, bluefin tuna caught alive in the framework of recreational fisheries shall be released.
9. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, bluefin tuna caught alive in the framework of sport fishing shall be released.
Swordfish
1. This Article shall apply to swordfish (Xiphias gladius) in the North Atlantic Ocean.
2. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, it shall be prohibited to target, retain on board or tranship, land, transport, store, display or offer for sale, sell or market swordfish below the minimum size, as set out in Annex IV to Regulation (EC) No 520/2007.
3. By way of derogation from paragraph 2 of this Article and from Article 15(1) of Regulation (EU) No 1380/2013, incidental catches of maximum 15 % of swordfish weighing less than 25 kg live weight or 125 cm lower jaw fork length may be retained on board, transhipped, transferred, landed, transported, stored, sold, displayed or offered for sale.
4. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, vessels shall not retain swordfish weighing less than 25 kg live weight or 125 cm lower jaw fork length exceeding 15 % of swordfish.
5. The percentage of 15 % referred to in paragraphs 3 and 4 shall be calculated on the basis of the number of swordfish of the vessel's total swordfish catch per landing.
CHAPTER III
NAFO CONVENTION AREA
Capelin
1. This Article shall apply to capelin (Mallotus villosus) in the NAFO convention area.
2. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, capelin caught above established quota allocated by Union legislation shall not be retained on board.
3. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, capelin caught as by-catch in a fishery falling under the landing obligation under the purview of NAFO shall not be retained on board.
CHAPTER IV
FINAL PROVISIONS
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 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0.5 | 0 |
31986D0108 | 86/108/EEC: Commission Decision of 25 February 1986 authorizing the French Republic and the Kingdom of the Netherlands to permit temporarily the marketing of field pea seed not satisfying the requirements of Council Directive 66/401/EEC
| COMMISSION DECISION
of 25 February 1986
authorizing the French Republic and the Kingdom of the Netherlands to permit temporarily the marketing of field pea seed not satisfying the requirements of Council Directive 66/401/EEC
(86/108/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), as last amended by Regulation (EEC) No 3768/85 (2), and in particular Article 17 thereof,
Having regard to the requests submitted by the French Republic and the Kingdom of the Netherlands,
Whereas in France and the Netherlands the production of seed of field pea (Pisum sativum L. partim), of the 'round green' type intended for agricultural use in spring sowing, satisfying the requirements laid down in Directive 66/401/EEC, was insufficient in 1985 and is not adequate to supply the needs of those countries;
Whereas it has not been possible to cover at this stage these needs satisfactorily by the use of certified seed from other Member States, or even from non-member countries, satisfying all the requirements laid down in the said Directive;
Whereas, subject to any offers of seed of the type in question that may be notified before 15 January 1986 by Denmark or the United Kingdom as being available, the French Republic and the Kingdom of the Netherlands should therefore be authorized to permit, for a period expiring on 30 June 1986, the marketing of seed of the abovementioned species of a category subject to less stringent requirements;
Whereas it appears desirable also to authorize other Member States which are able to supply France and the Netherlands with such seed not satisfying the requirements of the said Directive to permit the marketing of such seed, provided that it is intended exclusively for France or the Netherlands;
Whereas by Article 394 of the Act of Accession of Spain and Portugal application to the new Member States of the Community rules introduced for the production of and trade in agricultural products and for trade in certain processed agricultural products is postponed;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
The French Republic and the Kingdom of the Netherlands are hereby authorized to permit, until 30 June 1986, the marketing on their territories of a maximum of 7 000 tonnes and 3 000 tonnes respectivly of seed of field pea (Pisum sativum L. partim), of the 'round green' type intended for agricultural use in spring sowing of the category 'commercial seed', provided that the following requirement is satisfied: the official label shall state: 'Intended exclusively for France' or 'Intended exclusively for the Netherlands', as appropriate.
The other Member States are hereby authorized to permit, subject to the conditions laid down in Article 1, the marketing in their territories of a maximum of 10 000 tonnes of field pea (Pisum sativum L. partim) seed, provided that such seed is intended exclusively for France or the Netherlands. The official label shall state: 'Intended exclusively for France' or 'Intended exclusively for the Netherlands', as appropriate.
The amount of seed mentioned in Articles 1 and 2 shall be reduced by such amount of seed of field pea (Pisum sativum L. partim), of the 'round green' type intended for agricultural use in spring sowing satisfying the requirements laid down in Directive 66/401/EEC, as Denmark and the United Kingdom may notify, before 15 January 1986, to the Commission, France and the Netherlands, as being available.
The Member States shall notify the Commission before 1 November 1986 of the quantities of seed marketed in
their territories pursuant to this Decision. The Commission shall inform the other Member States thereof.
This Decision is addressed to the Member States. | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 |
32005R0033 | Commission Regulation (EC) No 33/2005 of 10 January 2005 initiating a ‘new exporter’ review of Council Regulation (EC) No 2604/2000 imposing definitive anti-dumping duties on imports of certain polyethylene terephthalate (PET) originating, inter alia, in India, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
| 12.1.2005 EN Official Journal of the European Union L 8/9
COMMISSION REGULATION (EC) No 33/2005
of 10 January 2005
initiating a ‘new exporter’ review of Council Regulation (EC) No 2604/2000 imposing definitive anti-dumping duties on imports of certain polyethylene terephthalate (PET) originating, inter alia, in India, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 (1) of 22 December 1995 on protection against dumped imports from countries not members of the European Community (the basic Regulation), and in particular Article 11(4) thereof,
After consulting the Advisory Committee,
Whereas:
A. REQUEST FOR A REVIEW
(1) The Commission has received an application for a ‘new exporter’ review pursuant to Article 11(4) of the basic Regulation. The application was lodged by South Asian Petrochem Limited (the applicant), an exporting producer in India (the country concerned).
B. PRODUCT
(2) The product under review is polyethylene terephthalate with a coefficient of viscosity of 78 ml/g or higher, according to DIN (Deutsche Industrienorm) 53728, originating in India (the product concerned) and normally declared within CN code 3907 60 20. This CN code is given only for information.
C. EXISTING MEASURES
(3) The measures currently in force are definitive anti-dumping duties imposed by Council Regulation (EC) No 2604/2000 (2), under which imports into the Community of the product concerned originating, inter alia, in India and produced by the applicant are subject to a definitive anti-dumping duty of EUR 181,7 a tonne with the exception of imports from several companies expressly mentioned which are subject to individual duty rates.
D. GROUNDS FOR THE REVIEW
(4) The applicant alleges that it did not export the product concerned to the Community during the period of investigation on which the anti-dumping measures were based, i.e. the period from 1 October 1998 to 30 September 1999 (the original investigation period) and that it is not related to any of the exporting producers of the product concerned which are subject to the abovementioned anti-dumping measures.
(5) The applicant further alleges that it has begun exporting the product concerned to the Community after the end of the original investigation period.
E. PROCEDURE
(6) Community producers known to be concerned have been informed of the above application and have been given an opportunity to comment. No comments have been received.
(7) Having examined the evidence available, the Commission concludes that there is sufficient evidence to justify the initiation of a ‘new exporter’ review, pursuant to Article 11(4) of the basic Regulation, with a view to determine the applicant’s individual margin of dumping and, should dumping be found, the level of the duty to which its imports of the product concerned into the Community should be subject.
(a) Questionnaires
(b) Collection of information and holding of hearings
F. REPEAL OF THE DUTY IN FORCE AND REGISTRATION OF IMPORTS
(8) Pursuant to Article 11(4) of the basic Regulation, the anti-dumping duties in force should be repealed with regard to imports of the product concerned which are produced and sold for export to the Community by the applicant. At the same time, such imports should be made subject to registration in accordance with Article 14(5) of the basic Regulation, in order to ensure that, should the review result in a finding of dumping in respect of the applicant, anti-dumping duties can be levied retroactively from the date of the initiation of this review. The amount of the applicant’s possible future liabilities cannot be estimated at this stage of the proceeding.
G. TIME LIMITS
(9) In the interest of sound administration, time limits should be stated within which:
— interested parties may make themselves known to the Commission, present their views in writing and submit the replies to the questionnaire mentioned in recital 7(a) of this Regulation or provide any other information to be taken into account during the investigation, or
— interested parties may make a written request to be heard by the Commission.
H. NON COOPERATION
(10) In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.
(11) Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated,
A review of Regulation (EC) No 2604/2000 is hereby initiated pursuant to Article 11(4) of Regulation (EC) No 384/96 in order to determine if and to what extent the imports of polyethylene terephthalate with a coefficient of viscosity of 78 ml/g or higher, according to DIN (Deutsche Industrienorm) 53728, falling within CN code 3907 60 20 originating in India, produced and sold for export to the Community by South Asian Petrochem Limited (TARIC additional code A585) should be subject to the anti-dumping duties imposed by Regulation (EC) No 2604/2000
The anti-dumping duty imposed by Regulation (EC) No 2604/2000 is hereby repealed with regard to the imports identified in Article 1 of the present Regulation.
The customs authorities are hereby directed, pursuant to Article 14(5) of Regulation (EC) No 384/96, to take the appropriate steps to register the imports identified in Article 1 of this Regulation. Registration shall expire nine months following the date of entry into force of this Regulation.
1. Interested parties, if their representations are to be taken into account during the investigation, must make themselves known to the Commission, present their views in writing and submit the replies to the questionnaire mentioned in recital 7(a) of this Regulation or any other information, unless otherwise specified, within 40 days of the entry into force of this Regulation. Attention is drawn to the fact that the exercise of most procedural rights set out in Regulation (EC) No 384/96 depends on the party’s making itself known within the aforementioned period.
Interested parties may also apply in writing to be heard by the Commission within the same 40-day time limit.
2. All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax and/or telex numbers of the interested party. All written submissions, including the information requested in this Regulation, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited (3)’ and, in accordance with Article 19(2) of Regulation (EC) No 384/96, shall be accompanied by a non-confidential version, which will be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.
Any information relating to the matter and/or any request for a hearing should be sent to the following address:
European Commission
Directorate-General for Trade
Directorate B
Office: J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32014D0311 | 2014/311/EU: Council Decision of 26 May 2014 appointing two Belgian members and a Belgian alternate member of the Committee of the Regions
| 3.6.2014 EN Official Journal of the European Union L 164/44
COUNCIL DECISION
of 26 May 2014
appointing two Belgian members and a Belgian alternate member of the Committee of the Regions
(2014/311/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 Belgian Government,
Whereas:
(1) On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015. On 26 November 2012, by Council Decision 2012/736/EU (3), Mr Alain HUTCHINSON was appointed as member until 25 January 2015 following the end of the term of office of Mr Charles PICQUÉ and Mr Charles PICQUÉ was appointed as alternate member. On 28 January 2013, by Council Decision 2013/68/EU (4), Mr Jean-Luc VANRAES was appointed member until 25 January 2015 following the end of the term of office of Mr Jos CHABERT.
(2) Two members' seats on the Committee of the Regions are vacant following the end of the electoral mandates on the basis of which Mr Jean-Luc VANRAES and Mr Alain HUTCHINSON were appointed. An alternate member's seat is vacant following the end of the electoral mandate on the basis of which Mr Charles PICQUÉ was appointed,
The following are hereby appointed to the Committee of the Regions with effect from 26 May 2014 for the remainder of the current term of office, which runs until 25 January 2015:
a) as members:
— Mr Jean-Luc VANRAES, Gemeenteraadslid in Ukkel
— Mr Alain HUTCHINSON, Conseiller communal à Saint-Gilles
b) as alternate member:
— Mr Charles PICQUÉ, Bourgmestre de la commune de Saint-Gilles.
This Decision shall enter into force on the day of its adoption. | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31993D0505 | 93/505/EEC: Council Decision of 13 September 1993 concerning notification of the acceptance by the Community of the International Coffee Agreement 1983, as extended to 30 September 1994
| COUNCIL DECISION of 13 September 1993 concerning notification of the acceptance by the Community of the International Coffee Agreement 1983, as extended to 30 September 1994
(93/505/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 113 and 116 thereof,
Having regard to the proposal from the Commission,
Whereas the Council approved, by Decision 87/485/EEC (1), the International Coffee Agreement 1983, which came into force on 1 October 1983 for a period of six years expiring on 30 September 1989;
Whereas, by resolution No 347 of 4 July 1989, the International Coffee Council decided to extend the Agreement for a period of two years until 30 September 1991; whereas, by resolution No 352 of 28 September 1990, the International Coffee Council decided to extend the Agreement for a further period of one year until 30 September 1992; whereas, by resolution No 355 of 27 September 1991, the International Coffee Council decided to extend the Agreement for a further period of one year until 30 September 1993; whereas, by resolution No 363 of 7 June 1993 the International Coffee Council decided to extend the Agreement for a further period of one year to 30 September 1994;
Whereas all the Member States have indicated their intention of applying the Agreement;
Whereas the Community and its Member States should simultaneously notify the United Nations Secretary-General of their acceptance of the Agreement as extended until 30 September 1994,
Article 1
1. In accordance with resolution No 363 of 7 June 1993 of the International Coffee Council, the International Coffee Agreement 1983, as extended until 30 September 1994, is hereby approved on behalf of the European Economic Community.
The text of the resolution is attached to this Decision.
2. The Community and its Member States, once they have completed the necessary internal procedures, shall simultaneously notify the United Nations Secretary-General of their acceptance of the Agreement as extended until 30 September 1994.
The President of the Council is hereby authorized to designate the person empowered to deposit, on behalf of the Community, the notification referred to in Article 1 (2). | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31988R1314 | Council Regulation (EEC) No 1314/88 of 26 April 1988 on the import arrangements applicable for 1988 to products falling within CN codes 0714 10 90 and 0714 90 10 and originating in certain third countries which are not members of GATT, other than the People' s Republic of China
| COUNCIL REGULATION (EEC) No 1314/88
of 26 April 1988
on the import arrangements applicable for 1988 to products falling within CN codes 0714 10 90 and 0714 90 10 and originating in certain third countries which are not members of GATT, other than the People's Republic of China
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas, by Regulation (EEC) No 430/87 (1), the Council laid down the arrangements applicable to imports of products falling within CN codes 0714 10 90 and 0714 90 10 (07.06 A of the Common Customs Tariff) and originating in third countries for 1987, 1988, 1989 and, according to the circumstances, 1990; whereas, however, for products imported from third countries which are not members of GATT, other than the People's Republic of China, as referred to in Article 1 (e) of Regulation (EEC) No 430/87, the quantities qualifying under the arrangements in question were determined for 1987 only;
Whereas the quantities for 1988 should be determined taking into account, on the one hand, the measures which the Community will have to adopt to stabilize agricultural production and, on the other hand, the need to maintain the pattern of trade with those countries while ensuring that the balance of the internal market in cereal products does not suffer as a result;
Whereas there may be applications for the import of quantities exceeding the allocated quota; whereas some of those applications covering a limited quantity traditionally relate to uses other than animal feed; whereas, in order not to eliminate them completely, provision should accordingly be made for imports of the products in question under the arrangements concerned not to be subject to the quantitative limits laid down for products used in animal feed,
For products falling within CN codes 0714 10 90 and 0714 90 10, the levy of not more than 6 % ad valorem applicable to imports shall be limited for 1988 to 30 000 tonnes originating in third countries which are not members of GATT, other than the People's Republic of China, as referred to in Article 1 (e) of Regulation (EEC) No 430/87.
The quantitative limit laid down in the first subparagraph shall not, however, apply to imports of products which are used for direct human consumption only.
In accordance with the procedure laid down in Article 26 of Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (2), as last amended by Regulation (EEC) No 1097/88 (3), the Commission shall adopt the detailed rules for the application of this Regulation and shall determine the products referred to in the second subparagraph of Article 1 of this Regulation.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32000D0184 | 2000/184/EC: Council Decision of 14 February 2000 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Malta amending the Agreement establishing an association between the European Economic Community and Malta
| COUNCIL DECISION
of 14 February 2000
on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Malta amending the Agreement establishing an association between the European Economic Community and Malta
(2000/184/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community and in particular Article 133, in conjunction with the first sentence of Article 300(2) and the first subparagraph of Article 300(3) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Article 2 of Annex I to the Agreement establishing an association between the European Economic Community and Malta(1), hereinafter referred to as "Association Agreement", provides for tariff ceilings applicable to imports of textile products originating in Malta.
(2) Pursuant to the Agreed Minute between the European Community and the Republic of Malta regarding the textile trade(2), signed on 4 June 1997, until 31 December 1997 products falling within textile category 6 were imported into the Community duty-free up to certain quota levels, which levels represented an increase in liberalisation of imports originating in Malta as compared to the tariff ceilings laid down in the Association Agreement.
(3) Within the framework both of the completion of the first stage of the Association Agreement and of the Community's liberalisation efforts towards Mediterranean countries, as well as having regard to the current level of and trends in access to Malta's textile products to the Community, full liberalisation of textile imports from Malta should be achieved.
(4) For this reason the Agreement in the form of an Exchange of Letters repealing the tariff ceilings laid down in Article 2 of Annex I to the Association Agreement should be approved,
The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Malta amending the Association Agreement is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 |
32005D0488 | 2005/488/EC: Commission Decision of 6 July 2005 granting derogations to bring Member States' statistical systems into conformity with Regulation (EC) No 501/2004 of the European Parliament and of the Council on quarterly financial accounts for general government (notified under document number C(2005) 1861)
| 8.7.2005 EN Official Journal of the European Union L 175/16
COMMISSION DECISION
of 6 July 2005
granting derogations to bring Member States' statistical systems into conformity with Regulation (EC) No 501/2004 of the European Parliament and of the Council on quarterly financial accounts for general government
(notified under document number C(2005) 1861)
(Only the Czech, Danish, German, Estonian, Greek, Spanish, French, English, Italian, Latvian, Lithuanian, Polish, Slovenian and Slovak texts are authentic)
(2005/488/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 501/2004 of the European Parliament and of the Council of 10 March 2004 on quarterly financial accounts for general government (1), and in particular Article 6(3) and (4) thereof,
Having regard to the requests made by the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Malta, the Republic of Austria, the Republic of Poland, the Republic of Slovenia and the Slovak Republic,
Whereas:
(1) The purpose of Regulation (EC) No 501/2004 is to list and define the main characteristics of the ESA 95 categories of financial transactions and of stocks of financial assets and liabilities, for the general government sector and for each of the subsectors within general government. Member States are required to transmit data to the Commission (Eurostat) quarterly following a step-by-step approach.
(2) However, under Article 6(3) and (4) of Regulation (EC) No 501/2004, the Commission is empowered to grant to Member States one or more derogations from the timetable set by the Regulation for the submission of quarterly data. Those derogations are granted for different purposes and are subject to different conditions.
(3) In accordance with the provisions of Regulation (EC) No 501/2004, a number of Member States' authorities have asked, by letter, to be granted derogations to enable them to bring their national statistical systems into conformity with the Regulation’s requirements.
(4) According to the information provided to Eurostat, the Member States' requests for derogations are due to the need for major adaptations to national statistical systems in order to comply fully with Regulation (EC) No 501/2004. The requested derogations should therefore be granted in their entirety,
Derogations are hereby granted to the Member States listed in the Annex, on the conditions and subject to the limits set out therein, in order to enable those Member States to bring their respective national statistical systems into conformity with Regulation (EC) No 501/2004.
This Decision is addressed to the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Malta, the Republic of Austria, the Republic of Poland, the Republic of Slovenia and the Slovak Republic. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
31983D0404 | 83/404/EEC: Commission Decision of 29 July 1983 on the implementation of the reform of agricultural structures in the Federal Republic of Germany in 1983 pursuant to Council Directives 72/159/EEC, 72/160/EEC and 75/268/EEC (Only the German text is authentic)
| COMMISSION DECISION
of 29 July 1983
on the implementation of the reform of agricultural structures in the Federal Republic of Germany in 1983 pursuant to Council Directives 72/159/EEC, 72/160/EEC and 75/268/EEC
(Only the German text is authentic)
(83/404/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,
Having regard to Council Directive 72/160/EEC of 17 April 1972 concerning measures to encourage the cessation of farming and the reallocation of utilized agricultural area for the purpose of structural improvement (5), as last amended by Directive 82/436/EEC, and in particular Article 9 (3) thereof,
Whereas the Government of the Federal Republic of Germany has notified, pursuant to Article 17 (4) of Directive 72/159/EEC, Article 13 of Directive 75/268/EEC and Article 8 (4) of Directive 72/160/EEC, the texts of the following provisions:
- principles for the encouragement of investment in individual farms and settlement of rural areas, in the version of 21 April 1983,
- principles for the encouragement of farms in mountain areas and in certain less-favoured areas, of 21 April 1983,
- principles regarding adaptation grants to assist elderly agricultural workers, of 21 April 1983;
Whereas the Government of the Federal Republic of Germany also communicated, pursuant to Article 17 (4) of Directive 72/159/EEC, Article 13 of Directive 75/268/EEC and Article 8 (4) of Directive 72/160/EEC, the amended texts of the following provisions adopted by the Laender, or confirmed their continued validity for 1983:
SCHLESWIG-HOLSTEIN
- Directives of 3 November 1982 to encourage the formation of associations for the rational use of agricultural machinery (machinery syndicates),
- Directives of 17 April 1978 and 20 February 1981 to encourage farmers to employ auxiliary farm labour,
- Directives of 2 April 1981 to encourage the construction of buildings for cattle and pig farming, in the version of 17 December 1982,
- Directives of 20 January 1982 concerning grants to farmers for securing their existence (part I), in the version of 23 December 1982,
- Directives of 30 September 1982 to encourage the draining of individual farms;
HAMBURG
- Directives of the year 1983 concerning grants for investments for fruit and horticultural production;
LOWER SAXONY
- Directives on the granting of subsidies to machinery syndicates, in the version of 10 October 1979,
- Directives of 29 May 1982 to encourage the pooling of labour resources by farms,
- Directives of 1 June 1977 to encourage village improvements,
- Directives on special measures relating to agricultural holdings in Lower Saxony (phased investment plan), in the version of 19 February 1977,
- Directives of 24 April 1974 on measures to facilitate cessation of farming, in the version of 2 August 1976,
- Directives of 8 January 1982 to encourage the restructuring of fruit production in the Niederelbe,
- Directives of the year 1982 concerning loans for the horticultural settlement of Papenburg,
- Directives of the year 1983 on the granting by the Land of loans for agriculture;
HESSE
- Directives of 8 March 1975 on the granting by the Land of subsidies to land development associations,
- Directives of the year 1983 on the promotion of joint land-development schemes,
- Directives of 4 August 1979 to provide incentives enabling young persons to set themselves up in agriculture,
- Directives of 31 March 1980 to encourage farming or maintenance of the countryside carried on as a part-time or other activity, in the version of 13 February 1981;
RHINELAND-PALATINATE
- Order of 22 December 1982 to promote the formation of machinery syndicates and the pooling of labour resources;
BADEN-WURTTEMBERG
- Directives of 1 January 1977 to encourage the joint use of machinery through the formation of machinery syndicates,
- Directives of 8 April 1980 on the use of Land funds for the provision of local female helpers and auxiliary farm labourers,
- Directives of 19 April 1974 on additional measures to encourage the construction of buildings on development farms, in the version of 29 May 1981,
- Directives of 28 February 1983 to encourage investments in the economic sector - Regional Programme and Agricultural Credit,
- Directives of 10 May 1982 for encouraging agricultural measures designed to protect agricultural land (subsidies to sheep farms),
- Directives of 20 October 1981 concerning aid inter alia for the modernization of vineyards;
SAARLAND
- Order of 5 June 1973 to promote cooperation between farms,
- Directives of 1 September 1972 on interest-free subsidies for agriculture;
BAVARIA
- Directives of 3 January 1983 laying down special conditions for financial assistance under Article 6 (5) of the law on the promotion of agriculture in Bavaria (machinery syndicates),
- Order of 28 February 1983 laying down general conditions relating to financial assistance for central services for local female helpers and auxiliary farm labourers,
- Directives of 29 March 1978 on the encouragement of village improvements, in the version of 3 January 1983,
- Directives of 3 January 1983 implementing the agricultural credit programme for Bavarian agriculture,
- Directives of 3 January 1983 concerning the Bavarian alpie and high-land programme;
Whereas the version for 1982 of the abovementioned laws, regulations and administrative provisions were the subject of Commission Decisions 82/764/EEC (1) and 82/874/EEC (2);
Whereas under Article 18 (3) of Directive 72/159/EEC, Article 13 of Directive 75/268/EEC and Article 9 (3) of Directive 72/160/EEC the Commission must decide whether, having regard to the compatibility of the provisions notified with those Directives and to the objectives of the said Directives and to the need for a proper connection between the various measures, the conditions for continued financial contribution by the Community in 1983 are satisfied;
Whereas the provisions notified are consistent with the objectives of Directives 72/159/EEC, 72/160/EEC and 75/268/EEC;
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 abovementioned provisions for the implementation of the Federal Republic of Germany in respect of the year 1983 of Directives 72/159/EEC, 72/160/EEC and 75/268/EEC satisfy the conditions for financial contribution by the Community to common measures as referred to in Article 15 of Directive 72/159/EEC, Article 13 of Directive 75/268/EEC and Article 6 of Directive 72/160/EEC.
This Decision is addressed to the Federal Republic of Germany. | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31992D0237 | 92/237/EEC: Commission Decision of 6 April 1992 imposing a fine pursuant to Article 19 of Council Regulation (EEC) No 4056/86 (IV/32.448 and IV/32.450) - Ukwal (Only the English text is authentic) (Only the English text is authentic)
| COMMISSION DECISION of 6 April 1992 imposing a fine pursuant to Article 19 of Council Regulation (EEC) No 4056/86 (IV/32.448 and IV/32.450) - Ukwal (Only the English text is authentic) (92/237/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4056/86 of 22 December 1986 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport (1), and in particular Article 19 thereof,
After consultation with the Advisory Committee on restrictive practices and dominant positions in maritime transport,
Whereas:
I. THE FACTS
(1) United Kingdom West Africa Lines Joint Service (Ukwal) is a liner conference whose secretariat is at the following address:
Room 193, India Buildings,
Water Street,
UK-Liverpool L2 ORR.
Ukwal groups together shipping lines which provide scheduled liner services between ports situated in the United Kingdom and Ireland on the one hand and West Africa on the other (from Nouadhibou to Mocamedes). In December 1988 (most recent data available to the Commission), the shipping lines in question were:
- Elder Dempster Ltd,
- Palm Line Ltd,
- The Guinea Gulf Line Ltd,
- State Shipping Corporation (Black Star Line),
- The Nigerian National Shipping Line Ltd,
- Compagnie maritime zaïroise,
- Société ivoirienne de transport maritime,
- Nigerian Green Lines Ltd,
- Cameroon Shipping Lines BA,
- Compagnie beninoise de navigation maritime,
- Providence Liner Shipping Inc.
(2) In 1987, the Commission received a number of complaints under Article 10 of Regulation (EEC) No 4056/86 and which concerned shipping trades between Europe and West and Central Africa. The trades include those in the geographical area covered by the activities of Ukwal.
The identity of the complainants and the subject of their complaints are set out in the Commission Decision of 26 June referred to below.
(3) Following a preliminary examination of the complaints, the Commission considered that if the alleged facts should prove to be true 'the conduct of Ukwal' could:
- be incompatible with Article 85 (3) of the EEC treaty and might consequently prompt the Commission to withdraw the block exemption provided for in Regulation (EEC) No 4056/86 in accordance with Article 7 (2) of that Regulation in respect of the liner conference in the sphere of activities in which the alleged facts had been established,
- constitute an infringement of the provisions of Article 86 of the Treaty.
In order to establish whether the facts were true, and to obtain additional information and any available evidence, the Commission considered it necessary that a simultaneous investigation should be made at the offices of three Euro-African shipping conferences, including Ukwal.
Because of the serious nature of the presumed infringements and the risk of any evidence disappearing, the Commission also considered that an investigation without prior notice should be carried out in accordance with Article 18 (3) of Regulation (EEC) No 4056/86.
(4) On 26 June 1989 the Commission adopted a Decision under Article 18 (3) of Regulation (EEC) No 4056/86 requiring Ukwal to submit to an investigation to enable the Commission to establish whether:
- Ukwal's conduct has resulted in the absence or elimination of actual or potential competition by closing the trade to competition and whether, in particular, Ukwal or its member lines have adopted agreements, decisions or concerted practices designed to share all the cargo carried on the shipping routes between Europe and Africa, in breach of Article 85 of the Treaty,
- the operation of outsiders is impeded in the trade falling within Ukwal's sphere of activity through the behaviour of third countries,
- Ukwal has committed an abuse of a dominant position within the meaning of Article 86 of the Treaty.
The text of the Decision refers in particular to the measures provided for by Article 19 (1) of Regulation (EEC) No 4056/86 if undertakings or associations of undertakings refuse to submit to an investigation ordered by decision issued pursuant to
Article 18
(3).
On 28 June 1989, two officials of the Commission, accompanied by a representative of the Office of Fair Trading (OFT) proceeded to Ukwal's offices in order to carry out the investigation ordered by the Decision of 26 June.
They were received by Mr Birch, Chairman of Ukwal and showed him a certified copy of the aforementioned Commission Decision, along with authorizations to investigate, identifying them as the officials of the Commission authorized to carry out the inspection. In addition to this, Mr Birch was shown their staff cards and a paper identifying the appointed representative of the OFT. Mr Birch was also provided with an Annex to the Decision, explaining the rights and duties of Ukwal with respect thereto.
They explained the purpose of the visit, and the meaning and consequences of the documents presented to Mr Birch. They suggested that Mr Birch should read the Decision and Annex, and also stated that Mr Birch might wish to contact a solicitor. They stated that the Commission's representatives were willing to wait before commencing the inspection for a solicitor to be present, provided that the delay was reasonable, and that no documents were removed from Ukwal or destroyed in the meantime.
Mr Birch refused to read the Decision or the Annex and stated that he found it offensive that the Commission should arrive to undertake such an operation without prior notice. Mr Birch furthermore stated that Ukwal has no legal personality, it being simply an office grouping the interests of certain companies. For this reason, the papers in the offices of Ukwal belonged to the members individually and collectively. Some of these members are based outside the Community. As a consequence of this, Mr Birch would not submit to the investigation.
The Commission officials explained in the presence of Ukwal's legal advisor the possible consequences of a refusal:
- the provision in the Decision for the possible imposition of fines in such circumstances,
- the fact that the UK Government would be requested to enforce the Decision pursuant to Article 18 (6) of Regulation (EEC) No 4056/86.
Nevertheless, Mr Birch restated his position and explained that Ukwal had no legal personality, owned no assets, employed no personnel and neither rented nor owned any premises in its name.
The Commission officials again explained the consequences of a refusal, but Mr Birch insisted that the inspection could not go ahead.
The Commission officials therefore noted the refusal to submit to the inspection. Mr Birch was invited to sign a statement indicating his reasons for the refusal; Mr Birch declined to do so.
The officials of the Commission then requested the national authorities, on the basis of Article 18 (6) of Regulation (EEC) No 4056/86 to lend the necessary assistance to enable them to carry out their investigation.
Having thus, on the afternoon of 28 June, obtained an order from the High Court in London, the Commission officials again presented themselves at 9.00 a.m. on 29 June at the offices of Ukwal, which then submitted to the investigation.
II. LEGAL APPRAISAL
(5) Article 18 (1) of Regulation (EEC) No 4056/86 provides that in carrying out the duties assigned to it by the Regulation, the Commission may undertake all necessary investigations into undertakings or associations of undertakings. Paragraph 3 of that
Article provides that undertakings and associations of undertakings are to submit to investigations ordered by decision of the Commission.
Ukwal, whatever its precise legal status, is an association of undertakings within the meaning of Articles 18 and 19 of Regulation No 4056/86. It is therefore obliged to submit to any Commission decision adopted under Article 18 (3), and to allow access, under the conditions specified in that decision, to documents physically in its possession, including those entrusted to it by its members.
The fact that some of the members of Ukwal are not based in Member States of the European Community does not relieve Ukwal or the members in question from the obligation to comply with Community rules on competition in as much as their activities (or part of their activities) relate to maritime transport to or from Community ports.
(6) Ukwal's denial of entry to the authorized Commission officials was a clear and flagrant breach of the obligation imposed by Article 18 (1) and (3).
(7) The Commission reiterates that full notification of all rights, obligations, duties and liabilities were explained to the Ukwal representative and that Ukwal was therefore on notice of the potential risk involved in a failure to comply with the request for entry when such entry was denied.
(8) In conclusion, the Commission considers that:
- Ukwal was in breach of the obligation imposed by Article 18 (3) of Regulation (EEC) No 4056/86,
- that this breach was committed intentionally after the conference's representatives, in the presence of their legal advisors, had been informed by the Commission's officials of their obligations and of the consequences of the refusal to comply.
(9) Article 19 (1) (c) of Regulation (EEC) No 4056/86 provides that the Commission may, by decision, impose on undertakings fines of between ECU 100 and 5 000 where, intentionally or negligently, they refuse to submit to an investigation ordered by a decision issued in implementation of Article 18 (3).
The Commission considers the infringement, in the light of the facts set out in paragraphs 1 to 4 above, to be most serious in nature 'because as a consequence of Ukwal's refusal to submit to it the effectiveness of the investigation was very seriously jeopardized, since it could not be carried out on Ukwal's premises on the date envisaged by the Commission in order to investigate simultaneously, on the premises of the different maritime conferences which were suspected to have participated collectively in a breach of the competition rules'. Ukwal, having been apprised of the relevant legal provisions, and of their application and effect, by the Commission officials who attended, and, having taken legal advice, refused to submit to the investigation as requested.
Accordingly, the Commission should impose the maximum fine permissible within the limit set by Article 19 of Regulation (EEC) No 4056/86,
Ukwal has infringed Article 18 (3) of Regulation (EEC) No 4056/86 by refusing to submit to an investigation that was to be carried out under the powers conferred by and in accordance with Article 18 (1) of the said Regulation.
A fine of ECU 5 000 is hereby imposed upon Ukwal, such fine to be paid in ecu within three months of the date of notification of this Decision. Payment is to be made to the account of the Commision of the European Communities, No 310-0933000-43, Banque Bruxelles-Lambert, agence européenne, rond point Schuman 5, B-1040 Bruxelles.
On expiry of that period interest shall accrue and be payable at the rate charged by the European Monetary Cooperation Fund on its ecu operations on the first working day of the month in which this Decision was adopted, plus 3,5 percentage points.
This Decision is addressed to Ukwal, Room 193, India Buildings, Water Street, UK-Liverpool L2 ORR.
This Decision shall be enforceable pursuant to Article 192 of the EEC Treaty. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32015D0423 | Council Decision (EU) 2015/423 of 6 March 2015 establishing the position to be adopted on behalf of the European Union within the seventh meeting of the Conference of the Parties to the Rotterdam Convention as regards the amendments of Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade
| 13.3.2015 EN Official Journal of the European Union L 68/48
COUNCIL DECISION (EU) 2015/423
of 6 March 2015
establishing the position to be adopted on behalf of the European Union within the seventh meeting of the Conference of the Parties to the Rotterdam Convention as regards the amendments of Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 192 and 207, in conjunction with Article 218(9), thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The Union approved the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (the ‘Rotterdam Convention’) by Council Decision 2006/730/EC (1).
(2) Regulation (EU) No 649/2012 of the European Parliament and of the Council (2) implements the Rotterdam Convention in the Union.
(3) In order to ensure that importing countries benefit from the protection offered by the Rotterdam Convention, it is necessary and appropriate to support the recommendation from the Chemical Review Committee as regards the inclusion in Annex III to the Rotterdam Convention of chrysotile asbestos, methamidophos, trichlorfon, fenthion (ultra low volume (ULV) formulations at or above 640 g active ingredient/l) and liquid formulations (emulsifiable concentrate and soluble concentrate) containing paraquat dichloride at or above 276 g/l, corresponding to paraquat ion at or above 200 g/l. Those substances are already banned or severely restricted in the Union and are therefore subject to export requirements which go beyond what is required under the Rotterdam Convention.
(4) The seventh meeting of the Conference of the Parties to the Rotterdam Convention is expected to decide on the proposed amendments to Annex III. The Union should support those amendments,
The position to be adopted on behalf of the European Union at the seventh meeting of the Conference of the Parties to the Rotterdam Convention is that the Union shall support the adoption of the amendments to Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (3) as regards the inclusion of chrysotile asbestos, methamidophos, trichlorfon, fenthion (ultra low volume (ULV) formulations at or above 640 g active ingredient/l) and liquid formulations (emulsifiable concentrate and soluble concentrate) containing paraquat dichloride at or above 276 g/l, corresponding to paraquat ion at or above 200 g/l.
This Decision shall enter into force on the date of its adoption. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 |
32004R0701 | Commission Regulation (EC) No 701/2004 of 15 April 2004 amending representative prices and additional duties for the import of certain products in the sugar sector
| Commission Regulation (EC) No 701/2004
of 15 April 2004
amending representative prices and additional duties for the import of certain products in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1),
Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses(2), and in particular the second subparagraph of Article 1(2), and Article 3(1) thereof,
Whereas:
(1) The amounts of the representative prices and additional duties applicable to the import of white sugar, raw sugar and certain syrups are fixed by Commission Regulation (EC) No 1166/2003(3).
(2) It follows from applying the general and detailed fixing rules contained in Regulation (EC) No 1423/95 to the information known to the Commission that the representative prices and additional duties at present in force should be altered to the amounts set out in the Annex hereto,
The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95 shall be as set out in the Annex hereto.
This Regulation shall enter into force on 16 April 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 |
32005R0199 | Commission Regulation (EC) No 199/2005 of 3 February 2005 fixing the maximum export refund on common wheat in connection with the invitation to tender issued in Regulation (EC) No 115/2005
| 4.2.2005 EN Official Journal of the European Union L 31/27
COMMISSION REGULATION (EC) No 199/2005
of 3 February 2005
fixing the maximum export refund on common wheat in connection with the invitation to tender issued in Regulation (EC) No 115/2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,
Whereas:
(1) An invitation to tender for the refund for the export of common wheat to certain third countries was opened pursuant to Commission Regulation (EC) No 115/2005 (2).
(2) In accordance with Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), the Commission may, on the basis of the tenders notified, decide to fix a maximum export refund taking account of the criteria referred to in Article 1 of Regulation (EC) No 1501/95. In that case a contract is awarded to any tenderer whose bid is equal to or lower than the maximum refund.
(3) The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum export refund being fixed.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
For tenders notified on 28 January to 3 February 2005, pursuant to the invitation to tender issued in Regulation (EC) No 115/2005, the maximum refund on exportation of common wheat shall be 4,00 EUR/t.
This Regulation shall enter into force on 4 February 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31995R2570 | Commission Regulation (EC) No 2570/95 of 31 October 1995 fixing the estimated production of olive oil and the amount of the unit production aid that may be paid in advance for the 1994/95 marketing year
| COMMISSION REGULATION (EC) No 2570/95 of 31 October 1995 fixing the estimated production of olive oil and the amount of the unit production aid that may be paid in advance for the 1994/95 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by the Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94 (2),
Having regard to Council Regulation (EEC) No 2261/84 of 17 July 1984 laying down general rules on the granting of aid for the production of olive oil and of aid to olive oil producer organizations (3), as last amended by Regulation (EC) No 636/95 (4), and in particular Article 17a (2) thereof,
Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (5), as last amended by Regulation (EC) No 150/95 (6), and in particular Article 13 (1) thereof,
Whereas Article 5 of Regulation No 136/66/EEC provides that the unit production aid must be reduced where the actual production in a given marketing year exceeds the guaranteed maximum quantity fixed for that marketing year; whereas, however, producers whose average production does not amount to 500 kilograms of olive oil per marketing year are not affected by such a reduction;
Whereas Article 17a of Regulation (EEC) No 2261/84 provides that in order to determine the unit amount of the production aid for olive oil that can be paid in advance, the estimated production for the marketing year concerned should be determined; whereas that amount must be fixed at a level avoiding any risk of unwarranted payment to olive growers;
Whereas, in order to establish the estimated production, the Member States must forward to the Commission the data for the olive oil production estimates for each marketing year; whereas the Commission may avail itself of other sources of information;
Whereas the amount of the advance withheld for the establishment of the register of olive cultivation provided for in Council Regulation (EEC) No 2159/92 (7) and the amount withheld for measures to improve the quality of olive oil provided for in Council Regulation (EC) No 1875/94 (8) must be taken into account;
Whereas in Spain and Portugal, the amount of the production aid is different from that in the other Member States; whereas the amount of the advance in those two Member States must therefore be different; whereas, on the basis of the data available, the estimated quantity and the abovementioned amount should be fixed at the levels given below;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,
For the 1994/95 marketing year the estimated production shall be 1 408 023 tonnes, and the unit amount of the production aid that may be paid in advance shall be:
(a) for quantities affected by an agricultural conversion rate applicable before 1 February 1995:
- ECU 85,34 per 100 kilograms for Spain and Portugal,
- ECU 94,05 per 100 kilograms for the other Member States;
(b) for quantities affected by an agricultural conversion rate applicable from 1 February 1995 onwards:
- ECU 103,05 per 100 kilograms for Spain and Portugal,
- ECU 113,59 per 100 kilograms for the other Member States.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32012R0359 | Commission Implementing Regulation (EU) No 359/2012 of 25 April 2012 approving the active substance metam, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 Text with EEA relevance
| 26.4.2012 EN Official Journal of the European Union L 114/1
COMMISSION IMPLEMENTING REGULATION (EU) No 359/2012
of 25 April 2012
approving the active substance metam, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
(Text with EEA relevance)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2) and Article 78(2) thereof,
Whereas:
(1) In accordance with Article 80(1)(c) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply with respect to the procedure and the conditions for approval to active substances for which completeness has been established in accordance with Article 16 of Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (3). Metam is an active substance for which completeness has been established in accordance with that Regulation.
(2) Commission Regulations (EC) No 451/2000 (4) and (EC) No 1490/2002 (5) lay down the detailed rules for the implementation of the second and third stages of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish lists of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. These lists included metam. By Council Decision 2009/562/EC of 13 July 2009 concerning the non-inclusion of metam in Annex I to Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (6) it was decided not to include metam in Annex I to Directive 91/414/EEC.
(3) Pursuant to Article 6(2) of Directive 91/414/EEC the original notifier (hereinafter ‘the applicant’) submitted a new application requesting the accelerated procedure to be applied, as provided for in Articles 14 to 19 of Regulation (EC) No 33/2008.
(4) The application was submitted to Belgium, which had been designated rapporteur Member State by Regulation (EC) No 1490/2002. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as those that were the subject of Decision 2009/562/EC. That application also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008.
(5) Belgium evaluated the additional data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority’) and to the Commission on 31 August 2010.
(6) The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regulation (EC) No 33/2008 and at the request of the Commission, the Authority presented its conclusion on metam to the Commission on 8 August 2011 (7). The draft assessment report, the additional report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 9 March 2012 in the format of the Commission review report for metam.
(7) The additional report by the rapporteur Member State and the new conclusions by the Authority concentrate on the concerns that led to the non-inclusion. Those concerns were in particular that it was not possible to demonstrate the acceptability of consumer exposure and lack of data with respect to the behaviour in the environment of the impurity N,N-dimethylthiourea (DMTU).
(8) The new information submitted by the applicant shows that the exposure of consumers may be considered acceptable and the behaviour of DMTU in the environment will not result in unacceptable effects.
(9) Consequently, the additional information provided by the applicant permits to eliminate the specific concerns that led to the non-inclusion.
(10) It has appeared from the various examinations made that plant protection products containing metam may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular as regards the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve metam in accordance with Regulation (EC) No 1107/2009.
(11) In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions.
(12) Without prejudice to the conclusion that metam should be approved, it is, in particular, appropriate to require further confirmatory information.
(13) A reasonable period should be allowed to elapse before approval in order to permit Member States and the interested parties to prepare themselves to meet the new requirements resulting from the approval.
(14) Without prejudice to the obligations defined by Regulation (EC) No 1107/2009 as a consequence of the approval, taking into account the specific situation created by the transition from Directive 91/414/EEC to Regulation (EC) No 1107/2009 the following should, however, apply. Member States should be allowed a period after approval to review authorisations of plant protection products containing metam which have been maintained for certain uses in accordance with Article 3 of Decision 2009/562/EC. For the calculation of that period that provision is to be taken into account. Member States should, as appropriate, vary, replace or withdraw existing authorisations.
(15) For plant protection products containing metam, where Member States grant any period of grace in accordance with Article 46 of Regulation (EC) No 1107/2009, Article 4 of Decision 2009/562/EC should be taken into account for the calculation of that period. Hence, such a period of grace should expire at the latest by 31 December 2014.
(16) The experience gained from inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (8) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I to that Directive or to the Regulations approving active substances.
(17) In accordance with Article 13(4) of Regulation (EC) No 1107/2009 the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (9) should be amended accordingly.
(18) In the interest of clarity, Decision 2009/562/EC should be repealed.
(19) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Approval of active substance
The active substance metam, as specified in Annex I, is approved subject to the conditions laid down in that Annex.
Re-evaluation of plant protection products
1. Member States shall in accordance with Regulation (EC) No 1107/2009, where necessary, amend or withdraw existing authorisations for plant protection products containing metam as an active substance by 31 December 2014.
By that date they shall in particular verify that the conditions in Annex I to this Regulation are met, with the exception of those identified in Part B of the column on specific provisions of that Annex, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to Directive 91/414/EEC in accordance with the conditions of Article 13(1) to (4) of that Directive and Article 62 of Regulation (EC) No 1107/2009.
2. By way of derogation from paragraph 1, for each authorised plant protection product containing metam as either the only active substance or as one of several active substances, all of which were listed in the Annex to Implementing Regulation (EU) No 540/2011, by 30 June 2012 Member States shall re-evaluate the product in accordance with the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, on the basis of a dossier satisfying the requirements of Annex III to Directive 91/414/EEC and taking into account Part B of the column on specific provisions of Annex I to this Regulation. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 29(1) of Regulation (EC) No 1107/2009.
Following that determination Member States shall:
(a) in the case of a product containing metam as the only active substance, where necessary, amend or withdraw the authorisation by 30 June 2016;
(b) in the case of a product containing metam as one of several active substances, where necessary, amend or withdraw the authorisation by 30 June 2016 or by the date fixed for such an amendment or withdrawal in the respective act or acts which added the relevant substance or substances to Annex I to Directive 91/414/EEC or approved that substance or substances, whichever is the latest.
Grace period
Where Member States withdraw or amend an existing authorisation in accordance with Article 2(1), any grace period granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall be as short as possible and shall expire by 31 December 2014 at the latest.
Amendments to Implementing Regulation (EU) No 540/2011
The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
Repeal
Decision 2009/562/EC is repealed.
Entry into force and date of application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 July 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.25 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 |
32004D0791(01) | Council Decision 2004/791/CFSP of 22 November 2004 extending and amending Decision 2002/842/CFSP implementing Joint Action 2002/589/CFSP with a view to a European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons in South East Europe
| 24.11.2004 EN Official Journal of the European Union L 348/46
COUNCIL DECISION 2004/791/CFSP
of 22 November 2004
extending and amending Decision 2002/842/CFSP implementing Joint Action 2002/589/CFSP with a view to a European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons in South East Europe
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to Joint Action 2002/589/CFSP (1) and in particular Article 6 thereof, in conjunction with the second indent of Article 23(2) of the Treaty on European Union,
Whereas:
(1) On 21 October 2002 the Council adopted Decision 2002/842/CFSP (2) concerning a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in South East Europe, which was aimed at implementing Joint Action 2002/589/CFSP and which made available EUR 200 000 for this purpose.
(2) Some objectives could not be fulfilled by 31 December 2004, the date on which Decision 2002/842/CFSP expires, and others should be consolidated and expanded after that date. The project in question is a multi-annual project.
(3) Decision 2002/842/CFSP should therefore be extended and amended,
Decision 2002/842/CFSP is hereby amended as follows:
1. In Article 2(1), the financial reference amount ‘EUR 300 000’ shall be replaced by ‘EUR 330 000’;
2. In Article 4(1), the second sentence shall be replaced by the sentence ‘It shall expire on 31 December 2005’.
This Decision shall take effect on the day of its adoption.
This Decision shall be published in the Official Journal of the European Union. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32009R1059 | Commission Regulation (EC) No 1059/2009 of 5 November 2009 fixing the rates of the refunds applicable to milk and milk products exported in the form of goods not covered by Annex I to the Treaty
| 6.11.2009 EN Official Journal of the European Union L 290/72
COMMISSION REGULATION (EC) No 1059/2009
of 5 November 2009
fixing the rates of the refunds applicable to milk and milk products exported in the form of goods not covered by Annex I to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 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) thereof,
Whereas:
(1) Article 162(1)b of Regulation (EC) No 1234/2007 provides that the difference between prices in international trade for the products referred to in Article 1(1)(p) and listed in Part XVI of Annex I to that Regulation and prices within the Community may be covered by an export refund where these goods are exported in the form of goods listed in Part IV of Annex XX to that Regulation.
(2) Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Part IV of Annex XX to Regulation (EC) No 1234/2007.
(3) In accordance with the second paragraph, subparagraph (a) of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed.
(4) Article 162(2) of Regulation (EC) No 1234/2007 lays down that the export refund for a product contained in a good may not exceed the refund applicable to that product when exported without further processing.
(5) In the case of certain milk products exported in the form of goods not covered by Annex I to the Treaty, there is a danger that, if high refund rates are fixed in advance, the commitments entered into in relation to those refunds may be jeopardised. In order to avert that danger, it is therefore necessary to take appropriate precautionary measures, but without precluding the conclusion of long-term contracts. The fixing of specific refund rates for the advance fixing of refunds in respect of those products should enable those two objectives to be met.
(6) Article 15(2) of Regulation (EC) No 1043/2005 provides that, when the rate of the refund is being fixed, account is to be taken, where appropriate, of aids or other measures having equivalent effect applicable in all Member States in accordance with the Regulation on the common organisation of the agricultural markets to the basic products listed in Annex I to Regulation (EC) No 1043/2005 or to assimilated products.
(7) Article 100(1) of Regulation (EC) No 1234/2007 provides for the payment of aid for Community-produced skimmed milk processed into casein if such milk and the casein manufactured from it fulfil certain conditions.
(8) The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,
The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EC) No 1043/2005 and in Part XVI of Annex I to Regulation (EC) No 1234/2007, and exported in the form of goods listed in Part IV of Annex XX to Regulation (EC) No 1234/2007, shall be fixed as set out in the Annex to this Regulation.
This Regulation shall enter into force on 6 November 2009.
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 |
32012D0648 | 2012/648/EU: Council Decision of 16 October 2012 appointing a Belgian member and a Belgian alternate member of the Committee of the Regions
| 18.10.2012 EN Official Journal of the European Union L 287/12
COUNCIL DECISION
of 16 October 2012
appointing a Belgian member and a Belgian alternate member of the Committee of the Regions
(2012/648/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 Belgian Government,
Whereas:
(1) On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.
(2) A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Paul FICHEROULLE.
(3) An alternate member’s seat will become vacant following the appointment of Mr Marc HENDRICKX as member of the Committee of the Regions,
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:
(a) as member:
— Mr Marc HENDRICKX, Vlaams Volksvertegenwoordiger;
(b) as alternate member:
— Mr Karim VAN OVERMEIRE, Vlaams Volksvertegenwoordiger.
This Decision shall enter into force on the day of its adoption. | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31998D0306(02) | Council Decision of 23 February 1998 appointing a member of the Advisory Committee of the Euratom Supply Agency
| COUNCIL DECISION of 23 February 1998 appointing a member of the Advisory Committee of the Euratom Supply Agency (98/C 70/02)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third paragraphs of Article 54 thereof,
Having regard to Article X of the Statutes of the Euratom Supply Agency (1), as last amended by Decision 95/1/EC/Euratom/ECSC of 1 January 1995 (2),
Having regard to the Council Decision of 27 June 1997 appointing the members of the Advisory Committee of the Euratom Supply Agency (3),
Having regard to the opinion of the Commission,
Whereas a member's seat on the aforementioned Committee has become vacant following the resignation of Ms Ulrike DOLEZAL, which was brought to the Council's attention on 12 November 1997;
Whereas this vacancy should be filled;
Having regard to the nomination submitted by the German Government on 12 November 1997,
Sole Article
Mr Klaus MĂLLER-HELLE is hereby appointed a member of the Advisory Committee of the Euratom Supply Agency for the remainder of the Committee's term of office, that is until 28 March 1999. | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32003R0090 | Commission Regulation (EC) No 90/2003 of 17 January 2003 on import licences in respect of beef and veal products originating in Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia
| Commission Regulation (EC) No 90/2003
of 17 January 2003
on import licences in respect of beef and veal products originating in Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2286/2002 of 10 December 2002 on the arrangements applicable to agricultural products and goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States) and repealing Regulation (EEC) No 1706/98(1), and in particular Article 5 thereof,
Having regard to Commission Regulation (EC) No 1918/98 of 9 September 1998 laying down detailed rules for the application in the beef and veal sector of Council Regulation (EC) No 1706/98 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States and repealing Regulation (EC) No 589/96(2), and in particular Article 4 thereof,
Whereas:
(1) Article 1 of Regulation (EC) No 1918/98 provides for the possibility of issuing import licences for beef and veal products. However, imports must take place within the limits of the quantities specified for each of these exporting non-member countries.
(2) The applications for import licences submitted between 1 and 10 January 2003, expressed in terms of boned meat, in accordance with Regulation (EC) No 1918/98, do not exceed, in respect of products originating from Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia, the quantities available from those States. It is therefore possible to issue import licences in respect of the quantities applied for.
(3) The quantities in respect of which licences may be applied for from 1 February 2003 should be fixed within the scope of the total quantity of 52100 tonnes.
(4) This Regulation is without prejudice 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(3), as last amended by Regulation (EC) No 1452/2001(4),
The following Member States shall issue on 21 January 2003 import licences for beef and veal products, expressed as boned meat, originating in certain African, Caribbean and Pacific States, in respect of the following quantities and countries of origin:
Germany:
- 0,5 tonnes originating in Botswana,
- 150 tonnes originating in Namibia.
United Kingdom:
- 550 tonnes originating in Namibia,
- 75 tonnes originating in Swaziland.
Licence applications may be submitted, pursuant to Article 3(2) of Regulation (EC) No 1918/98, during the first 10 days of February 2003 for the following quantities of boned beef and veal:
>TABLE>
This Regulation shall enter into force on 21 January 2003.
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 |
32006D0127 | 2006/127/EC: Commission Decision of 2 February 2006 approving the 2006 technical action plan for the improvement of agricultural statistics (notified under document number C(2005) 6068)
| 22.2.2006 EN Official Journal of the European Union L 51/19
COMMISSION DECISION
of 2 February 2006
approving the 2006 technical action plan for the improvement of agricultural statistics
(notified under document number C(2005) 6068)
(2006/127/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 96/411/EC of 25 June 1996 on improving Community agricultural statistics (1), and in particular Article 4(1) and Article 6(2) thereof,
Whereas:
(1) In accordance with Decision 96/411/EC, the Commission establishes a technical action plan for agricultural statistics each year.
(2) In accordance with Decision 96/411/EC, the Community contributes to the costs incurred by the Member States in making adaptations to national agricultural statistical systems or the costs of preparatory work for new or increasing needs which are part of a technical action plan.
(3) It is essential to improve and develop statistical information on rural development for the implementation of the related Community policies. This is a main area of the annual action plan.
(4) There is a need to consolidate the agricultural statistical system and to continue the work supported by the previous action plans in the areas of farm registers and small farms.
(5) The measures provided for in this Decision are in line with the opinion of the Standing Committee of Agricultural Statistics,
The 2006 technical action plan for improving agricultural statistics (TAPAS 2006), as set out in the Annex, is approved.
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 |
31990R0411 | Commission Regulation (EEC) No 411/90 of 16 February 1990 determining, for the period 1 February to 30 June 1990, the quantities of raw sugar produced in the French overseas departments benefiting from the refining aid referred to in Council Regulation (EEC) No 2225/86 and amending Regulation (EEC) No 2089/89
| COMMISSION REGULATION (EEC) No 411/90
of 16 February 1990
determining, for the period 1 February to 30 June 1990, the quantities of raw sugar produced in the French overseas departments benefiting from the refining aid referred to in Council Regulation (EEC) No 2225/86 and amending Regulation (EEC) No 2089/89
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (1), as last amended by Regulation (EEC) No 1069/89 (2), and in particular Article 9 (6) thereof,
Having regard to Council Regulation (EEC) No 2225/86 of 15 July 1986 laying down measures for the marketing of sugar produced in the French overseas departments and for the equalization of the price conditions with preferential raw sugar (3), and in particular the second subparagraph of Article 3 (2) thereof,
Whereas Article 3 of Regulation (EEC) No 2225/86 provides for the granting of an aid for raw sugar produced in the French overseas departments and refined in a refinery situated in the European regions of the Community within the limits of the quantities to be determined according to the regions of destination in question and separately according to origin; whereas those quantities must be determined on the basis of a Community supply balance sheet for raw sugar; whereas in a first stage quantities were fixed by Commission Regulation (EEC) No 2089/89 (4) on the basis of a forward estimate covering the period 1 July 1989 to 31 January 1990;
Whereas the final production of the French overseas department of Réunion and the quantities available for refining are now known; whereas the latter quantities which may qualify for this refining aid are accordingly to be determined for the remainder of the 1989/90 marketing year; whereas by virtue of the severe cyclone and drought experienced by Réunion in 1989, the production of raw sugar and the quantities available for refining have been significantly reduced; whereas, in order to rectify the supplies to the various Community refineries, the quantities determined for the period 1 July 1989 to 31 January 1990 by Regulation (EEC) No 2089/89 should consequently be revised;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
The quantities of sugar referred to in Article 3 (2) of Regulation (EEC) No 2225/86 shall be fixed for the period 1 February to 30 June 1990 in accordance with Annex I hereto.
The Annex to Regulation (EEC) No 2089/89 shall be replaced by the Annex II hereto.
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 February 1990.
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 |
32002R0608 | Commission Regulation (EC) No 608/2002 of 9 April 2002 establishing the standard import values for determining the entry price of certain fruit and vegetables
| Commission Regulation (EC) No 608/2002
of 9 April 2002
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1498/98(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
This Regulation shall enter into force on 10 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 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31994R2612 | Commission Regulation (EC) No 2612/94 of 27 October 1994 opening quantitative import quotas for textile products in categories 127 B and 145 from the People's Republic of China and amending Annexes IV and V to Council Regulation (EC) No 517/94 on common rules for imports of textile products from certain third countries
| COMMISSION REGULATION (EC) No 2612/94 of 27 October 1994 opening quantitative import quotas for textile products in categories 127 B and 145 from the People's Republic of China and amending Annexes IV and V of Council Regulation (EC) No 517/94 on common rules for imports of textile products from certain third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Community import rules (1), as last amended by Regulation (EC) No 1756/94 (2), and in particular Article 3 (3) and (5) thereof in conjunction with Article 25 (4) thereof,
Whereas Article 3 (3) of Regulation (EC) No 517/94 stipulates that the textile products set out in Annex V originating in the countries listed may only be imported if an annual quantitative limit has been set in accordance with the appropriate procedure provided for by Article 25;
Whereas a request has been put to the Commission by two Member States for the introduction of import quotas covering products in categories 127 B and 145 from the People's Republic of China in order to meet certain market demands; whereas the committee set up by Article 25 has, after discussion, deemed it appropriate in view of the state of the Community industry to decide upon 5 and 7 tonnes respectively as the annual quantitative limits to which imports into the Community of products in categories 127 B and 145 originating in the People's Republic of China shall be subject as from the date on which this Regulation comes into force; whereas it is therefore necessary to amend Annexes IV and V to Regulation (EC) No 517/94 and to stipulate, in the interests of legal security that the quota shall be administered in accordance with the procedure set out in Article 17 of the said Regulation;
Whereas these measures are in line with the opinion of the Committee established by Regulation (EC) No 517/94,
Imports into the Community of textile products in categories 127 B and 145 from the People's Republic of China shall be subject to annual quantitative limits of 5 and 7 tonnes respectively to be administered in accordance with the procedure provided for in Article 17 of Regulation (EC) No 517/94.
Annexes IV and V to Council Regulation (EC) No 517/94 shall be amended as shown in the Annex to this Regulation.
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 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32003D0581 | 2003/581/EC: Commission Decision of 1 August 2003 conferring management of aid on implementing agencies for a pre-accession measure in agriculture and rural development in the Czech Republic in the pre-accession period
| Commission Decision
of 1 August 2003
conferring management of aid on implementing agencies for a pre-accession measure in agriculture and rural development in the Czech Republic in the pre-accession period
(2003/581/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the pre-accession strategy and amending Regulation (EEC) No 3906/89(1), and in particular Article 12(2) thereof,
Whereas:
(1) The Special Accession Programme for Agriculture and Rural Development for the Czech Republic (hereinafter: Sapard) was approved by Commission Decision of 26 October 2000(2), and amended by Commission Decision of 23 December 2002 in accordance with Article 4(5) of Council Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period(3), as last amended by Regulation (EC) No 696/2003(4).
(2) The government of the Czech Republic and the Commission, acting on behalf of the Community, signed on 5 February 2001 the Multiannual Financing Agreement (hereinafter: MAFA) laying down the technical, legal and administrative framework for the execution of the Sapard, amended by the Annual Financing Agreement (hereinafter: AFA) for 2001, signed on 13 October 2002.
(3) A Sapard Agency has been appointed by the competent authority of the Czech Republic for the implementation of some of the measures defined in the Sapard. The Ministry of Finance, National Fund, has been appointed for the financial functions it is due to perform in the framework of the implementation of the Sapard.
(4) On the basis of a case-by-case analysis of the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance, as provided for in Article 12(2) of Regulation (EC) No 1266/1999, the Commission adopted Decision 2002/298/EC of 15 April 2002 and Decision 2003/123/EC of 19 February 2003 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Czech Republic in the pre-accession period(5) with regard to certain measures provided for in the Sapard.
(5) The Commission has since undertaken a further analysis under Article 12(2) of Regulation (EC) No 1266/1999 in respect of measure 3.1 "Improvement of vocational training" as provided for in the Sapard. The Commission considers that, also with regard to that measure, the Czech Republic complies with the provisions of Articles 4 to 6 and of the Annex to Commission Regulation (EC) No 2222/2000 of 7 June 2000 laying down financial rules for the application of Council Regulation (EC) No 1268/1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period(6), as last amended by Regulation (EC) No 188/2003(7), and with the minimum conditions set out in the Annex to Regulation (EC) No 1266/1999.
(6) It is therefore appropriate to waive the ex ante approval requirement provided for in Article 12(1) of Regulation (EC) No 1266/1999 and to confer, with regard to measure 3.1, on the Sapard Agency and on the Ministry of Finance, National Fund in the Czech Republic, the management of aid on a decentralised basis.
(7) Since the verifications carried out by the Commission for measure 3.1 are based on a system that is not yet fully operating with regard to all relevant elements, however, it is appropriate to confer the management of the Sapard on the Sapard Agency and on the Ministry of Finance, National Fund, according to Article 3(2) of Regulation (EC) No 2222/2000, on a provisional basis.
(8) Full conferral of management of the Sapard is only envisaged after further verifications to ensure that the system operates satisfactorily have been carried out and after any recommendations which the Commission may issue with regard to the conferral of management of aid on the Sapard Agency and on the Ministry of Finance, National Fund, have been implemented,
The requirement of ex ante approval by the Commission of project selection and contracting for measure 3.1 by the Czech Republic provided for in Article 12(1) of Regulation (EC) No 1266/1999 is hereby waived.
Management of the Sapard is conferred on a provisional basis on:
1. The Sapard Agency of the Czech Republic, Tesnov 17, 117 05 Prague 1, for the implementation of measure 3.1 of the Sapard: "Improvement of vocational training" as defined in the Programme for Agricultural and Rural Development that was approved by Commission Decision of 26 October 2000; and
2. The Ministry of Finance, National Fund, located at Letenska 15, 118 10 Prague 1, Czech Republic, for the financial functions it is due to perform in the framework of the implementation of the Sapard for measure 3.1 for the Czech Republic. | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31984D0395 | 84/395/EEC: Commission Decision of 12 July 1984 on the approval of the special programme for the region of Emilia-Romagna concerning the development of production of beef and veal, sheepmeat and goatmeat pursuant to Council Regulation (EEC) No 1944/81 (Only the Italian text is authentic)
| COMMISSION DECISION
of 12 July 1984
on the approval of the special programme for the region of Emilia-Romagna concerning the development of production of beef and veal, sheepmeat and goatmeat pursuant to Council Regulation (EEC) No 1944/81
(Only the Italian text is authentic)
(84/395/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1944/81 of 30 June 1981 establishing a common measure for the adaptation and modernization of the structure of production of beef and veal, sheepmeat and goatmeat in Italy (1), and in particular Article 2 (3) thereof,
Whereas on 10 February 1984 the Italian Government forwarded the special programme for the region of Emilia-Romagna concerning the development of production of beef and veal, sheepmeat and goatmeat and on 26 March as well as on 6 June 1984 supplied additional information;
Whereas the said programme includes the indications and measures provided for in Article 5 of the Regulation showing that the objectives of the said Regulation can be attained and that the conditions of this Regulation are fulfilled;
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 specific programme forwarded by the Italian Government on 10 February 1984 as amplified by information supplied on 26 March and on 6 June 1984, for the region of Emilia-Romagna concerning the development of production of beef and veal, sheepmeat and goatmeat, pursuant to Regulation (EEC) No 1944/81 is hereby approved.
This Decision is addressed to the Italian Republic. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32005R0463 | Council Regulation (EC) No 463/2005 of 16 March 2005 terminating the partial interim review of the anti-dumping measures applicable to imports of certain tube or pipe fittings, of iron or steel, originating, inter alia, in Thailand
| 23.3.2005 EN Official Journal of the European Union L 77/1
COUNCIL REGULATION (EC) No 463/2005
of 16 March 2005
terminating the partial interim review of the anti-dumping measures applicable to imports of certain tube or pipe fittings, of iron or steel, originating, inter alia, in Thailand
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1), and in particular Article 11(3) thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PROCEDURE
1. Previous procedure and existing measures
(1) The Council, by Regulation (EC) No 584/96 (2), imposed an anti-dumping duty on imports of certain tube or pipe fittings, of iron or steel, originating, inter alia, in Thailand. Following an interim review, the measures applying to imports from Thai Benkan Co. Ltd, a Thai exporting producer, were repealed in July 2000 by Council Regulation (EC) 1592/2000 (3). Subsequently, following an expiry and an interim review, the measures in force with regard to the remaining Thai exporting producers were maintained by Council Regulation (EC) No 964/2003 (4) and amended by Council Regulation (EC) No 1496/2004 (5).
2. Request for a review
(2) A request for a partial interim review limited to dumping in respect of Thai Benkan Co. Ltd was lodged by the Defence Committee of the Steel Butt-Welding Fittings Industry of the European Union on behalf of four Community producers (‘the applicant’). These companies represent a major proportion of the Community production of the product concerned.
(3) The applicant alleged increased dumping based on a comparison of Thai Benkan Co. Ltd domestic prices with its export prices of certain tube or pipe fittings, of iron or steel, to the Community. On this basis, the dumping margin calculated would be significantly higher than the one found in the previous investigation that led to the repeal of the measures with respect to imports from Thai Benkan Co. Ltd.
3. Investigation
(4) Having determined that the request contained sufficient prima facie evidence, the Commission initiated, by notice of 21 April 2004 (6), a partial interim review of dumping as far as Thai Benkan Co. Ltd was concerned, in accordance with Article 11(3) of the basic Regulation.
(5) The Commission officially advised the applicant and the exporting producer concerned, the Community industry as well as the authorities of Thailand of the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation.
(6) In order to obtain the information deemed necessary for its investigation, the Commission sent a questionnaire to Thai Benkan Co. Ltd. The company was informed that non-cooperation could lead to the application of Article 18 of the basic Regulation. It was also made aware of the consequences of non-cooperation.
(7) A reply to the questionnaire was received within the prescribed time limits. The Commission carried out a verification visit at the company’s premises.
(8) The applicant made its views known in writing and was granted a hearing.
(9) The investigation period (‘IP’) covered the period from 1 April 2003 to 31 March 2004.
B. PRODUCT CONCERNED AND LIKE PRODUCT
(10) The product concerned is, as defined in the investigation which led to the imposition of the existing measures, certain tube or pipe fittings (other than cast fittings, flanges and threaded fittings), of iron or steel (not including stainless steel), with a greatest external diameter not exceeding 609.6 mm, of a kind used for butt-welding or other purposes, originating in Thailand (the ‘product concerned’), normally declared within CN codes ex 7307 93 11, ex 7307 93 19, ex 7307 99 30 and ex 7307 99 90.
(11) The investigation showed that the product concerned exported to the Community from Thailand and the tube or pipe fittings, of iron or steel, produced and sold domestically in Thailand have the same basic physical and technical characteristics and the same uses. They are therefore to be considered as like products within the meaning of Article 1(4) of the basic Regulation.
C. DUMPING
1. Normal value
(12) In accordance with Article 2(2) of the basic Regulation, it was first examined whether the company’s domestic sales of the like product were representative, i.e. whether the total volume of such sales represented at least 5 % of the producer’s total export sales volume to the Community. The investigation showed that domestic sales were representative.
(13) For the purposes of determining normal value the sales on the domestic market to a company related to Thai Benkan Co. Ltd were not taken into consideration, in accordance with Article 2(1) of the basic Regulation.
(14) Subsequently, those types of the like product sold by the company to independent domestic buyers that were identical or directly comparable with the types sold for export to the Community were identified.
(15) For each type sold by the exporting producer on the domestic market and found to be directly comparable with the product type sold for export to the Community, it was established whether domestic sales to independent buyers were sufficiently representative for the purposes of Article 2(2) of the basic Regulation. Domestic sales of a particular type of the like product were considered sufficiently representative when the total domestic sales volume of that type during the IP represented 5 % or more of the total sales volume of the comparable type of the product concerned exported to the Community. Domestic sales were found to be representative for the majority of product types.
(16) It was subsequently examined whether these product types identified in recital (14) above could be considered as being sold in the ordinary course of trade by establishing the proportion of profitable sales of the product type in question. Where the sales volume of a product type, sold at a net sales price equal to or above the calculated cost of production, represented more than 80 % of the total sales volume of that type, and where the weighted average price of that type was equal to or above the cost of production, normal value was based on the actual domestic price, calculated as a weighted average of the prices of all domestic sales of that type made during the IP, irrespective of whether these sales were profitable or not. Where the volume of profitable sales of the product type represented 80 % or less of the total sales volume of that type, or where the weighted average price of that type was below the cost of production, normal value was based on the actual domestic price, calculated as a weighted average of profitable sales of that type only, provided that these sales represented 10 % or more of the total sales volume of that type. For the great majority of product types, it was possible to use the domestic prices to determine the normal value.
(17) In cases where there were no domestic sales of a comparable type to independent buyers, or where the volume of profitable sales represented less than 10 % of the total sales volume of that type, it was considered that this particular type was sold in insufficient quantities for the domestic price to provide an appropriate basis for the establishment of the normal value. In this regard, constructed normal value was used, in accordance with Article 2(3) of the basic Regulation.
(18) In accordance with Article 2(3) of the basic Regulation, normal value was constructed on the basis of the exporting producer’s own cost of manufacturing plus a reasonable amount for selling, general and administrative (‘SG&A’) costs and for profit. Given the representativity of domestic sales of the like product, this calculation was based on the company’s own SG&A costs. For the profit margin, in accordance with the first sentence of Article 2(6) of the basic Regulation, the profits from the sales of the like product in the ordinary course of trade were used.
(19) For some of the SG&A cost categories, the Commission was unable to establish that the cost allocation declared in the questionnaire reply reasonably reflected the costs associated with the production and sales of the product concerned. The company was given the opportunity to comment on this during the verification visit, but was unable to explain the inconsistencies. Therefore, and in accordance with the provisions of Article 2(5) of the basic Regulation, the allocation of those costs was made on a turnover basis when determining the cost of manufacturing.
2. Export price
(20) The export prices were established on the basis of the prices paid or payable for the product concerned when sold for consumption in the Community to the first independent customer in accordance with Article 2(8) of the basic Regulation.
3. Comparison
(21) For the purposes of ensuring a fair comparison between the normal value and the export price at an ex-works level and at the same level of trade, due allowance in the form of adjustments was made for differences that were claimed and demonstrated to affect prices and price comparability in accordance with Article 2(10) of the basic Regulation. Adjustments were made in respect of transport, insurance and handling and credit costs, where applicable and justified.
4. Dumping margin
(22) In accordance with Article 2(11) and (12) of the basic Regulation, the dumping margin was established on the basis of a comparison of the weighted average normal value with the weighted average export prices per product type, as determined above.
(23) The dumping margin expressed as a percentage of the CIF Community frontier price, duty unpaid, was found to be below the 2 % threshold set out in Article 9(3) of the basic Regulation.
D. MEASURES
(24) In view of the above finding, it is considered that, in accordance with Article 11(3) of the basic Regulation, the current review should be terminated and the anti-dumping duty of 0 % imposed by Regulation (EC) No 964/2003 and confirmed by Regulation (EC) No 1496/2004 on imports of the product concerned produced and exported to the Community by Thai Benkan Co. Ltd. should be maintained.
E. CONCLUSION
(25) Interested parties were informed of the essential facts and considerations on the basis of which it is intended to terminate the proceeding and were given the opportunity to comment and to be heard. All comments received were taken into account but none of them were such as to change the above-mentioned conclusions,
The partial interim review of the anti-dumping measures applicable to imports of certain tube or pipe fittings, of iron or steel, originating, inter alia, in Thailand, falling within CN codes ex 7307 93 11, ex 7307 93 19, ex 7307 99 30 and ex 7307 99 90, insofar as these measures concern the Thai exporter Thai Benkan Co. Ltd, is hereby terminated.
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
31986D0558 | 86/558/EEC: Council Decision of 15 September 1986 on the conclusion of the Agreement in the form of an Exchange of letters between the European Economic Community and the Kingdom of Sweden concerning agriculture and fisheries
| COUNCIL DECISION
of 15 September 1986
on the conclusion of the Agreement in the form of an Exchange of Letters between the European Economic Community and the Kingdom of Sweden concerning agriculture and fisheries
(86/558/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the recommendation from the Commission,
Whereas it is necessary to approve the Agreement in the form of an Exchange of Letters between the European Economic Community and the Kingdom of Sweden concerning agriculture and fisheries to take account of the accession of the Kingdom of Spain and the Portuguese Republic to the Community,
The Agreement in the form of an Exchange of Letters between the European Economic Community and the
Kingdom of Sweden concerning agriculture and fisheries is hereby approved on behalf of the Community.
The text of the Exchange of Letters is attached to this Decision.
The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31993R2479 | COMMISSION REGULATION (EEC) No 2479/93 of 7 September 1993 re-establishing the levying of customs duties on products of category Nos 14, 20 and 26 (order Nos 40.0140, 40.0200 and 40.0260), originating in Malaysia, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3832/90 apply
| COMMISSION REGULATION (EEC) No 2479/93 of 7 September 1993 re-establishing the levying of customs duties on products of category Nos 14, 20 and 26 (order Nos 40.0140, 40.0200 and 40.0260), originating in Malaysia, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3832/90 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3832/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of textile products originating in developing countries (1), extended for 1993 by Regulation (EEC) No 3917/92 (2), and in particular Article 12 thereof,
Whereas Article 10 of Regulation (EEC) No 3832/90 provides that preferential tariff treatment shall be accorded for 1993 for each category of products subjected in Annexes I and II thereto to individual ceilings, within the limits of the quantities specified in column 8 of Annex I and column 7 of Annex II, in respect of certain or each of the countries or territories of origin referred to in column 5 of the same Annexes;
Whereas Article 11 of the abovementioned Regulation provides that the levying of customs duties may be re-established at any time in respect of imports of the products in question once the relevant individual ceilings have been reached at Community level;
Whereas, in respect of products of category Nos 14, 20 and 26 (order Nos 40.0140, 40.0200 and 40.0260), originating in Malaysia, the relevant ceiling respectively amounts to 46 000 pieces, 232 tonnes and 395 000 pieces;
Whereas on 17 June 1993 imports of the products in question into the Community, originating in Malaysia, a country covered by preferential tariff arrangements, reached and were charged against that ceiling;
Whereas it is appropriate to re-establish the levying of customs duties for the products in question with regard to Malaysia,
As from 12 September 1993 the levying of customs duties, suspended, for 1993, pursuant to Regulation (EEC) No 3832/90, shall be re-established in respect of the following products, imported into the Community and originating in Malaysia:
/* Tables: see OJ */
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 |
32005D0172 | 2005/172/EC: Council Decision of 28 February 2005 appointing a Netherlands member of the Committee of the Regions
| 4.3.2005 EN Official Journal of the European Union L 58/28
COUNCIL DECISION
of 28 February 2005
appointing a Netherlands member of the Committee of the Regions
(2005/172/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
Having regard to the proposal from the Netherlands Government,
Whereas:
(1) On 22 January 2002 the Council adopted a Decision appointing the members and alternate members of the Committee of the Regions (1).
(2) A seat as a member of the Committee of the Regions has become vacant following the resignation of Mr G.A.A. VERKERK, notified to the Council on 6 October 2004,
Mr Pieter Theodoor VAN WOENSEL, Wethouder van Den Haag, is hereby appointed a member of the Committee of the Regions in place of Mr G.A.A. VERKERK for the remainder of his term of office, which runs until 25 January 2006. | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32004R1540 | Commission Regulation (EC) No 1540/2004 of 27 August 2004 derogating from Council Regulation (EC) No 1782/2003 as regards the start of the period for certain payments
| 28.8.2004 EN Official Journal of the European Union L 279/11
COMMISSION REGULATION (EC) No 1540/2004
of 27 August 2004
derogating from Council Regulation (EC) No 1782/2003 as regards the start of the period for certain payments
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (1), and in particular Article 145(q) thereof,
Whereas:
(1) According to Articles 95 and 96 of Regulation (EC) No 1782/2003, milk producers qualify for a dairy premium and additional payments from 2004. Under Article 28(2) of the same Regulation, those premiums and payments are to be disbursed once a year within the period from 1 December to 30 June of the following calendar year.
(2) The milk market has recently experienced a substantial fall in milk prices, causing the situation of producers to become destabilised and their financial position to be placed at risk of deterioration. Several Member States have asked the Commission to take urgent measures to combat these difficulties. Bringing forward the disbursement period for the above-mentioned premiums and payments constitutes an appropriate step in this direction. However, for budgetary reasons, it cannot begin before 16 October 2004.
(3) In these circumstances, for 2004, it would be advisable to derogate from the disbursement period referred to in Article 28(2) of Regulation (EC) No 1782/2003.
(4) In order to allow milk producers to manage their financial position more effectively, particularly by taking account of the payments which will be made from the date indicated, provision should be made for this Regulation to enter into effect immediately.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,
For 2004, by way of derogation from Article 28(2) of Regulation (EC) No 1782/2003, the start of the disbursement period for the dairy premium and additional payments provided for in Title IV, Chapter 7 of Regulation (EC) No 1782/2003 shall be set at 16 October.
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 | 0 | 0.5 | 0 |
32000R2851 | Council Regulation (EC) No 2851/2000 of 22 December 2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with the Republic of Poland and repealing Regulation (EC) No 3066/95
| Council Regulation (EC) No 2851/2000
of 22 December 2000
establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with the Republic of Poland and repealing Regulation (EC) No 3066/95
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part(1), provides for certain concessions for certain agricultural products originating in Poland.
(2) Improvements to the preferential agreements of the Europe Agreement with the Republic of Poland were provided for in Council Regulation (EC) No 3066/95 of 22 December 1995 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for the adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreements to take account of the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations(2). The Protocol adjusting trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture including improvements to existing preferential agreements has not yet entered into force.
(3) As a result of the conclusion of agreements with Bulgaria, the Czech Republic, Hungary, Romania and the Slovak Republic on further agricultural concessions, Regulation (EC) No 3066/95 has effectively been voided of its substance and should therefore be repealed.
(4) In accordance with the directives adopted by the Council on 30 March 1999, the Commission and Poland concluded on 26 September 2000 negotiations on a new Additional Protocol to the Europe Agreement.
(5) The new Additional Protocol, which provides for additional agricultural concessions, will be based on Article 20(5) of the Europe Agreement, establishing that the Community and Poland are to examine in the Association Council, product by product on an orderly and reciprocal basis, the possibility of granting each other further concessions.
(6) A swift implementation of the adjustments forms an essential part of the results of the negotiations for the conclusion of a new Additional Protocol to the Europe Agreement with the Republic of Poland.
(7) It is therefore appropriate to provide for the adjustment, as an autonomous and transitional measure, of the agricultural concessions provided for in the Europe Agreement with the Republic of Poland.
(8) The Republic of Poland will also undertake all the necessary legislative provisions, on an autonomous and transitional basis, in order to implement simultaneously the commitments made by the Republic of Poland as a result of the conclusion of the negotiations.
(9) The measures necessary for the implementation of this Regulation should be in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(3).
(10) 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(4) codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations,
1. The arrangements for import into the Community applicable to certain agricultural products originating in the Republic of Poland as set out in Annex A(a) and A(b) to this Regulation shall replace those referred to in Annexes VIIIa, VIIIb, Xa, Xb and Xc of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part.
2. On the entry into force of the Additional Protocol adjusting the Europe Agreement to take into account the outcome of the negotiations between the parties on new mutual agricultural concessions, the concessions provided for in that Protocol shall replace those referred to in Annex A(a) and A(b) to this Regulation.
3. Regulation (EC) No 3066/95 is hereby repealed.
4. The Commission shall adopt detailed rules for the application of this Regulation in accordance with the procedure laid down in Article 3(2).
1. Tariff quotas with an order number above 09.5100 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
2. Quantities of goods subject to tariff quotas and released for free circulation as from 1 July 2000 under the concessions provided for in Annexes VIIIa, VIIIb, Xa, Xb and Xc to the Europe Agreement in accordance with the provisions of Regulation (EC) No 3066/95 shall be fully counted against the quantities provided for in Annex A(b) of this Regulation, except for quantities for which import licences have been issued before 1 July 2000.
3. Paragraph 2 shall not apply to the tariff quota with order number 09.5811.
1. The Commission shall be assisted by the committee instituted by Article 23 of Council Regulation (EEC) No 1766/92 on the common organisation of the market of cereals(5) or, where appropriate, the committee instituted by the relevant provisions of the other Regulations on the common organisation of agricultural markets, hereafter referred to as the "Committee".
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its rules of procedure.
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 |
31992R1567 | Council Regulation (EEC) No 1567/92 of 15 June 1992 on a second emergency measure to supply food products to the population of Albania
| COUNCIL REGULATION (EEC) No 1567/92 of 15 June 1992 on a second emergency measure to supply food products to the population of Albania
THE COUNCIL 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), and in particular Article 7 (5) and Article 8 thereof,
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 (2), and in particular Article 6 (6) and Article 7 (4) thereof,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (3), and in particular Article 6 (5) and Article 7 (2) thereof,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (4), and in particular Article 35 thereof,
Having regard to the proposal from the Commission,
Whereas the market for certain agricultural products may feature production situations which make it possible to dispose of such products on special terms;
Whereas provision should be made to continue, by way of a second measure, the supply of food products to the population of Albania in order to improve the very critical conditions of supply in that country; whereas the Community has intervention stocks of agricultural products and whereas such products should be used to implement the measure in question; whereas, in the case of some of these products, the measures required could be adopted by the Commission itself, pursuant to the Regulation in force;
Whereas it is for the Commission to lay down the detailed rules for the application of this measure,
An emergency measure is hereby adopted, under the conditions laid down in the following Articles, for free supply to the population of Albania of certain food products to be determined, available as a result of intervention. Expenditure on this measure shall be limited to ECU (budgetary) 45 million.
1. The products may be supplied unprocessed or in processed form.
2. The measure may also relate to food products obtained through a commercial exchange of products from intervention stocks against goods belonging to the same group of products.
3. The supply costs, including transport and, where applicable, processing, shall be determined by invitation to tender or, on account of the urgency of the situation, by direct-agreement procedure.
4. The costs shall be reimbursed to the operators concerned in respect of the supply of products for which proof is provided that they have reached the delivery stage laid down.
5. Products consigned pursuant to this Regulation shall not qualify for export refunds and shall not be subject to the arrangements concerning monetary compensatory amounts.
The detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 26 of Regulation (EEC) No 2727/75 or, as the case may be, in the corresponding Articles in the other Regulations on the common organization of the markets in question.
The Commission shall be responsible for verifying the delivery operations and for the application of the criteria adopted when the aid is distributed to the population concerned.
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 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31998R0054 | Council Regulation (EC) No 54/98 of 19 December 1997 laying down for 1998 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Latvia
| COUNCIL REGULATION (EC) No 54/98 of 19 December 1997 laying down for 1998 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Latvia
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (1), and in particular Article 8(4) thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with the procedure provided for in the Agreement on fisheries relations between the European Community and the Republic of Latvia (2), and in particular Articles 3 and 6 thereof, the Community and Latvia have held consultations concerning their mutual fishing rights for 1998 and the management of common living resources;
Whereas, in the course of these consultations, the delegations agreed to recommend to their respective authorities that certain catch quotas for 1998 should be fixed for the vessels of the other Party;
Whereas the necessary measures should be taken to implement, for 1998, the results of the consultations held with Latvia;
Whereas it is for the Council to lay down the specific conditions under which catches by vessels flying the flag of Latvia can be taken;
Whereas the fishing activities covered by this Regulation are subject to the control measures provided for by Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (3);
Whereas Article 3(2) of Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (4) provides that all vessels with chilled or refrigerated sea-water tanks are to keep on board a document, certified by a competent authority, indicating the calibration of the tanks in cubic metres at 10-centimetre intervals;
Whereas, for imperative reasons of common interest, this Regulation will apply from 1 January 1998,
1. From 1 January to 31 December 1998, vessels flying the flag of Latvia are hereby authorized to fish for the species listed in Annex I, within the geographical and quantitative limits laid down therein and in accordance with this Regulation, in the 200-nautical-mile fishing zone of the Member States in the Baltic Sea. Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Sound from 10 June to 20 August 1998 inclusive.
2. Fishing authorized under paragraph 1 shall be limited to those parts of the 200-nautical-mile fishing zone lying seawards of 12-nautical-miles from the baselines from which the fishing zones of Member States are measured and south of 59°30' North.
3. Notwithstanding paragraph 1, unavoidable by-catches of a species for which no quota is established in a zone shall be permitted within the limits fixed in the conservation measures in force in the zone concerned.
4. By-catches in a given zone of a species for which a quota is established in that zone shall be counted against the quota concerned.
1. Vessels fishing within the quotas fixed in Article 1 shall comply with the conservation and control measures and all other provisions governing fishing in the zone referred to in that Article.
2. The vessels shall keep a log-book in which the information set out in Annex II shall be entered.
3. The vessels shall transmit to the Commission, in accordance with the rules laid down in Annex III, the information set out in that Annex.
4. Those vessels which have chilled or refrigerated sea-water tanks shall keep on board a document, certified by a competent authority, indicating the calibration of the tanks in cubic metres at 10-centimetre intervals.
5. The registration letters and numbers of vessels must be clearly marked on the bow of each vessel on both sides.
1. Fishing under the quotas fixed in Article 1 shall be permitted only where a licence and a special fishing permit have been issued by the Commission, on behalf of the Community, at the request of the Latvian authorities and in compliance with the conditions set out in Annexes II and III. Copies of these Annexes and the licence and the special fishing permit shall be kept on board each vessel.
The vessels to be licensed for fishing in the Community zone during a given month will be notified at the latest by the fifteenth day of the preceding month. The Community shall expeditiously process requests for adjustments to a monthly list during its duration.
2. When an application for a licence and a special fishing permit is submitted to the Commission, the following information must be supplied:
(a) name of vessel;
(b) registration number;
(c) external identification letters and numbers;
(d) port of registration;
(e) name and address of the owner or charterer;
(f) gross tonnage and overall length;
(g) engine power;
(h) call sign and radio frequency;
(i) intended method of fishing;
(j) intended area of fishing;
(k) species for which it is intended to fish;
(l) period for which a licence is requested.
3. Licences and special fishing permits shall be issued provided that the number of licences valid at any time during a given month or year does not exceed the amounts mentioned in Annex I.
4. Only fishing vessels under 43 metres are authorized to fish.
5. Each licence and special fishing permit shall be valid for one vessel only. Where two or more vessels are taking part in the same fishing operation, each vessel must be in possession of a licence and special fishing permit.
6. Licences and special fishing permits may be cancelled with a view to the issuing of new licences and special fishing permits. Such cancellations shall take effect on the day before the date of issue of the new licences and special fishing permits by the Commission. New licences and special fishing permits shall take effect from their date of issue.
7. Licences and special fishing permits shall be wholly or partially withdrawn before the date of expiry if the respective quotas fixed under Annex I have been exhausted.
8. Licences and special fishing permits shall be withdrawn in the event of any failure to meet the obligations laid down in this Regulation.
9. For a period not exceeding 12 months, no licence or special fishing permit shall be issued for any vessel in respect of which the obligations laid down in this Regulation have not been met.
10. The Commission, on behalf of the Community, shall submit to Latvia the names and characteristics of Latvian vessels which will not be authorized to fish in the Community's fishing zone for the next month(s) as a consequence of an infringement of Community rules.
Vessels authorized to fish on 31 December may continue fishing as from the beginning of next year until the list of vessels permitted to fish during the year in question is submitted to and approved by the Commission on behalf of the Community.
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 1998.
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 |
31987R3157 | Council Regulation (EEC) No 3157/87 of 19 October 1987 amending Regulation (EEC) No 1975/82 on the acceleration of agricultural development in certain regions of Greece
| COUNCIL REGULATION (EEC) No 3157/87
of 19 October 1987
amending Regulation (EEC) No 1975/82 on the acceleration of agricultural development in certain regions of Greece
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas implementation of the common measure introduced by Regulation (EEC) No 1975/82 (2), as last amended by Regulation (EEC) No 3768/85 (3), has run into difficulties arising mainly from substantial changes in the context in which the measure is being implemented and from delays;
Whereas in order to attain the objectives set by the Regulation the common measure should be adapted to take account of the actual situation and requirements in the agricultural areas concerned;
Whereas this adjustment should take the form of the introduction of a suitable degree of flexibility into the common measures;
Whereas it will be the Commission's responsibility to decide, after receiving the opinion of the Standing Committee on Agricultural Structure, whether or not to approve an updated version of the programme referred in Article 1(4) of Regulation (EEC) No 1975/82,
The following paragraph shall be inserted in Article 18 of Regulation (EEC) No 1975/82:
'2 (a) The Commission may on the occasion of its approval, in accordance with the procedure laid down in Article 21, of an adjustment of the programme referred to in Article 1(4), alter the limits set in paragraph 2, apart from those in the fifth indent under (b), but without exceeding the estimated cost specified in Article 16(3).'
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32008R0480 | Council Regulation (EC) No 480/2008 of 26 May 2008 on the conclusion of the Agreement in the form of an Exchange of Letters on the amendments to the Protocol setting out, for the period from 18 January 2005 to 17 January 2011 , the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles
| 31.5.2008 EN Official Journal of the European Union L 141/1
COUNCIL REGULATION (EC) No 480/2008
of 26 May 2008
on the conclusion of the Agreement in the form of an Exchange of Letters on the amendments to the Protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300(2) and the first subparagraph of Article 300(3) thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament (1),
Whereas:
(1) The Protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles was adopted by Council Regulation (EC) No 115/2006 on 23 January 2006 (2).
(2) Under Article 9 of the Agreement, the European Community and Seychelles have held a meeting of the Joint Committee.
(3) Following this meeting of the Joint Committee, amendments have been made to the Protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement initialled on 23 September 2004 and adopted by Regulation (EC) No 115/2006 on 23 January 2006.
(4) It is in the Community’s interest to approve these amendments to the Protocol,
The Agreement in the form of an Exchange of Letters amending the Protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles is hereby approved on behalf of the Community.
The text of the Agreement in the form of an Exchange of Letters is attached to this Regulation (3).
The fishing opportunities set out in the Protocol and laid down in Regulation (EC) No 115/2006 shall not be amended and are confirmed as follows:
Types of fishing Member State Fishing opportunities
Tuna seiners France 17 vessels
Spain 22 vessels
Italy 1 vessel
Surface longliners Spain 2 vessels
France 5 vessels
Portugal 5 vessels
If licence applications from these Member States do not cover all the fishing opportunities laid down by the Protocol, the Commission may take into consideration licence applications from any other Member State.
The Member States whose vessels fish under this Agreement shall notify the Commission of the quantities of each stock caught within the Seychelles fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas (4).
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 |
31995R2823 | Commission Regulation (EC) No 2823/95 of 6 December 1995 on detailed rules for the application of Council Regulation (EC) No 2179/95 to the management of a quota of dog and cat food falling within CN code 2309 10 originating in Hungary
| COMMISSION REGULATION (EC) No 2823/95 of 6 December 1995 on detailed rules for the application of Council Regulation (EC) No 2179/95 to the management of a quota of dog and cat food falling within CN code 2309 10 originating in Hungary
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2179/95 of 8 August 1995 providing for the adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreements and amending Regulation (EC) No 3379/94 opening and administering certain Community tariff quotas in 1995 for certain agricultural products and for beer, to take account of the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations (1), and in particular Article 8 thereof,
Whereas, as part of the Europe Agreement concluded between the Community and its Member States on the one hand and Hungary on the other, concessions have been granted to the latter concerning certain agricultural products;
Whereas, following the accession of Austria, Finland and Sweden, these concessions have been adjusted to take into account, in particular, the arrangements for trade in the agricultural sector that existed between Austria and Hungary; whereas to this end Council Regulation (EC) No 3379/94 (2), as last amended by Commission Regulation (EC) No 2416/95 (3), provides for the opening of an autonomous tariff quota for 1995 of dog and cat food packed for retail sale falling within CN code 2309 10 and originating in Hungary; whereas imports under this quota will benefit from a 80 % reduction in the applicable rates of duty, provided that Hungary takes the same measures in respect of the Community as those laid down in Article 3 (8) of Regulation (EC) No 2179/95;
Whereas those measures have been introduced by that country; whereas it is therefore appropriate, pursuant to Article 3 (10) of the same Regulation, to implement the measures provided for in Article 3 (8) with effect from 1 July 1995;
Whereas it is necessary to lay down detailed rules for managing the quota; whereas this form of management requires close cooperation between the Member States and the Commission, which must be in a position to monitor how much of the quota has been used up and to inform the Member States accordingly;
Whereas it should be laid down that import licences for the products in question under the abovementioned quota should be issued after a period for consideration and where necessary by applying a single percentage reduction to the quantities applied for;
Whereas, in particular, care must be taken that the products in question are of Hungarian origin;
Whereas the items to be entered on the applications and licences should be laid down;
Whereas, in order to ensure efficient management of the arrangements provided for, the security for import licences under these arrangements should be fixed at ECU 25 per tonne;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
The products covered by CN code 2309 10 listed in the Annex hereto, originating in Hungary and benefiting from the tariff quota opened for the second half of 1995 reducing applicable customs duty to 20 % pursuant to Annex VII of Regulation (EC) No 2179/95, may be imported into the Community in accordance with the provisions of this Regulation.
To be eligible, the import licence application shall be accompanied by the original attestation of origin in the form of an EUR 1 certificate issued or drawn up in Hungary.
1. Applications for import licences shall be submitted to the competent authority in any Member State on the first working day of the week up to 1 p.m., Brussels time. The licence applications shall relate to a quantity of not less than five tonnes in product weight and not exceeding 1 000 tonnes.
2. The Member States shall forward the import licence applications to the Commission by telex or fax not later than 6 p.m., Brussels time, on the day of their submission.
3. Not later than the Friday following the day of submission of the applications, the Commission shall determine and indicate to the Member States by telex or fax what licence applications it has approved.
4. Upon receipt of the Commission notification, the Member States shall issue the import licences. The duration of validity of a licence shall be calculated from the date of its issue.
5. The quantity released for free circulation shall not be greater than that indicated in boxes 17 and 18 of the import licence. The figure '0` shall be entered to this effect in box 19 of the licence.
For products to be imported with the benefit of the reduction in customs duties provided for in Article 1 of this Regulation, the import licence application and the licence shall include:
(a) In box 8, the word 'Hungary`.
The licence requires the product to be imported from that country.
(b) In box 24, one of the following entries:
- Derecho de aduana reducido un 80 % [Anexo del Reglamento (CE) n° 2823/95] - Nedsaettelse af toldsats med 80 % [Bilag i forordning (EF) nr. 2823/95] - Ermaessigung des Zolls um 80 % [Anhang der Verordnung (EG) Nr. 2823/95] - Ôaaëùíaaéáêueò aeáóìueò ìaaéùìÝíïò êáôUE 80 % [ÐáñUEñôçìá ôïõ êáíïíéóìïý (AAÊ) áñéè. 2823/95] - 80 % customs duty reduction (Annex of Regulation (EC) No 2823/95) - Droit de douane réduit de 80 % [Annexe du règlement (CE) n° 2823/95] - Dazio doganale ridotto del 80 % [Allegato del regolamento (CE) n. 2823/95] - Met 80 % verlaagd douanerecht (bijlage bij Verordening (EG) nr. 2823/95) - Direito aduaneiro reduzido de 80 % [Anexo do Regulamento (CE) nº 2823/95] - Arvotulli on alennettu 80 prosentilla [asetuksen (EY) N :o 2823/95 liite] - Nedsaettning av tullsats med 80 % (Bilagan till foerordning (EG) nr 2823/95).
The rate of the security for the import licences provided for in this Regulation shall be ECU 25 per tonne.
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1995.
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 |
32013R0892 | Commission Regulation (EU) No 892/2013 of 16 September 2013 establishing a prohibition of fishing for redfish in EU and international waters of V; international waters of XII and XIV by vessels flying the flag of France
| 18.9.2013 EN Official Journal of the European Union L 247/31
COMMISSION REGULATION (EU) No 892/2013
of 16 September 2013
establishing a prohibition of fishing for redfish in EU and international waters of V; international waters of XII and XIV by vessels flying the flag of France
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,
Whereas:
(1) Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2013.
(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 2013.
(3) It is therefore necessary to prohibit fishing activities for that stock,
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2013 shall be deemed to be exhausted from the date set out in that Annex.
Prohibitions
Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 |
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