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32009R0941 | Commission Regulation (EC) No 941/2009 of 8 October 2009 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/2010 marketing year
| 9.10.2009 EN Official Journal of the European Union L 265/3
COMMISSION REGULATION (EC) No 941/2009
of 8 October 2009
amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/2010 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
Whereas:
(1) The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/2010 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EC) No 935/2009 (4).
(2) The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,
The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 877/2009 for the 2009/2010, marketing year, are hereby amended as set out in the Annex hereto.
This Regulation shall enter into force on 9 October 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32003D0671 | 2003/671/EC: Commission Decision of 27 August 2003 accepting an undertaking offered in the framework of a partial interim review of the anti-dumping measures applicable to imports of urea and ammonium nitrate solutions (UAN) originating, inter alia, in Lithuania
| Commission Decision
of 27 August 2003
accepting an undertaking offered in the framework of a partial interim review of the anti-dumping measures applicable to imports of urea and ammonium nitrate solutions (UAN) originating, inter alia, in Lithuania
(2003/671/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1) (the basic Regulation), as last amended by Regulation (EC) No 1972/2002(2), and in particular Article 8 thereof,
After consulting the Advisory Committee,
Whereas:
A. PROCEDURE
(1) Pursuant to Regulation (EC) No 1995/2000(3), the Council imposed definitive anti-dumping duties on imports into the Community of solutions of urea and ammonium nitrate (UAN) originating, inter alia, in Lithuania. The form of measures set out in that Regulation for all Lithuanian exporting producers was a specific duty of EUR 3,98 per tonne.
(2) On January 2002, in another procedure, definitive anti-dumping measures, in the form of a specific duty, were imposed on imports of urea originating, inter alia, in Lithuania pursuant to Council Regulation (EC) No 92/2002(4). However, in accordance with Commission Decision 2002/498/EC(5) and Council Regulation (EC) No 1107/2002(6) amending Regulation (EC) No 92/2002, the sole Lithuanian exporting producer of urea, Stock Company Achema (Achema), was exempted from the said duties as an undertaking had been accepted by the Commission from it. In the framework of that undertaking, in order to eliminate the risks of compensatory arrangements, Achema undertook to respect minimum import prices and to report exports to the Community not only for urea, but also for its other two nitrogen fertilisers, i.e. ammonium nitrate and UAN.
B. REQUEST FOR A REVIEW
(3) In September 2002, a request for a partial interim review pursuant to Article 11(3) of the basic Regulation was lodged by Achema, an exporting producer in Lithuania. The request was limited in scope to the examination of the form of the measure and, in particular, to the examination of the acceptability of an undertaking offered by the applicant.
(4) The request was based on the grounds that the applicant committed itself to a price discipline in respect of UAN within the framework of an anti-dumping proceeding concerning urea and presented evidence that it was ready to provide in the framework of the present proceeding an undertaking of a similar nature, which would have the effect of removing the injurious effects of dumping and could be monitored.
(5) Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of a partial interim review, the Commission published a notice in the Official Journal of the European Communities(7) and commenced an investigation.
C. ACCEPTANCE OF THE UNDERTAKING
(6) The details of the procedural aspects and findings of the interim review investigation are set out in full in Council Regulation (EC) No 1675/2003(8).
(7) According to the undertaking offer, Achema undertook to sell UAN directly from Lithuania to unrelated customers in the Community at a minimum price. Moreover, the regular and detailed reports which Achema undertook to provide to the Commission will allow effective monitoring of the terms of the undertaking. In addition, in respect of the risk of circumvention in the form of cross-compensation with other products it should be borne in mind that Achema has been respecting minimum import prices for the other fertilisers that it exports to the Community in the framework of its urea undertaking. Under these circumstances, it is considered that the risk of circumvention will be limited.
(8) The review investigation concluded that the undertaking offered by Achema would have the effect of eliminating the injurious effects of dumping, can be effectively monitored by the Commission and can therefore be accepted. Achema has been informed of the essential facts, considerations and obligations upon which the acceptance is based.
(9) In order to enable the Commission to monitor effectively Achema's compliance with the undertaking, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from the anti-dumping duty should be conditional, upon presentation of an invoice containing at least the items of information listed in the Annex to Commission Regulation (EC) No 617/2000(9). This level of information is necessary to enable customs authorities to ascertain with sufficient precision that the shipment corresponds to the commercial documents. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty will instead be payable.
(10) In the event of a breach, suspected breach or withdrawal of the undertaking, an anti-dumping duty may be imposed, pursuant to Article 8(9) and (10) of the basic Regulation. Achema has been made aware of the consequences of a breach.
D. MODIFICATION OF NAME AND ADDRESS
(11) In the course of the partial interim review investigation, the company informed the Commission that it had changed its name and address. The name change was due to the fact that the previous form of the company, i.e. a joint stock company, no longer exists in Lithuania. The new name of the company is Stock Company Achema. The change of its address was due to the change in the Lithuanian postal system.
(12) The Commission has examined this information, which demonstrated that all the company's activities linked to the manufacturing, sales and exports of fertilisers (AN, UAN and urea) are unaffected by these changes,
The undertaking offered by the producer mentioned below, in connection with the anti-dumping proceeding concerning imports of urea and ammonium nitrate in aqueous or ammoniacal solutions originating, inter alia, in Lithuania is hereby accepted.
>TABLE>
This Decision shall enter into force on 26 September 2003. | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32012R0553 | Commission Implementing Regulation (EU) No 553/2012 of 19 June 2012 concerning the classification of certain goods in the Combined Nomenclature
| 27.6.2012 EN Official Journal of the European Union L 166/18
COMMISSION IMPLEMENTING REGULATION (EU) No 553/2012
of 19 June 2012
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
(1) In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.
(2) Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.
(3) Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.
(4) It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).
(5) The Customs Code Committee has not issued an opinion within the time limit set by its Chairman,
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
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 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
31995R0347 | COMMISSION REGULATION (EC) No 347/95 of 21 February 1995 amending Regulation (EEC) No 3536/91 setting the latest time of entry into storage for skimmed-milk powder sold under Regulation (EEC) No 3398/91
| COMMISSION REGULATION (EC) No 347/95 of 21 February 1995 amending Regulation (EEC) No 3536/91 setting the latest time of entry into storage for skimmed-milk powder sold under Regulation (EEC) No 3398/91
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 7 (5) thereof,
Whereas Commission Regulation (EEC) No 3536/91 (2), as last amended by Regulation (EC) No 269/95 (3), limited the quantity of skimmed-milk powder released for sale to that taken into storage before 1 October 1993;
Whereas, in view of the quantity still available and the market situation, that date should be amended to 1 April 1994;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
The date of '1 October 1993' referred to in Article 1 of Regulation (EEC) No 3536/91 is hereby replaced by '1 April 1994'.
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 |
31991R2144 | Commission Regulation (EEC) No 2144/91 of 19 July 1991 on the application from the beginning of the 1991/92 marketing year of a special measure, in the form of private aid, for durum wheat produced in Greece
| COMMISSION REGULATION (EEC) No 2144/91 of 19 July 1991 on the application from the beginning of the 1991/92 marketing year of a special measure, in the form of private aid, for durum wheat produced in Greece
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 3577/90 (2), and in particular Article 8 (1) and (3) thereof,
Having regard to Council Regulation (EEC) No 1582/86 of 23 May 1986 on particular intervention measures for cereals (3),
Whereas the 1991 durum wheat harvest in Greece, which was early and particularly large, is posing problems, due in particular to its exceeding regional needs; whereas there is consequently a risk that huge quantities will be sent into intervention as soon as it opens; whereas measures to remedy this situation should be taken;
Whereas an initial measure has been taken in the form of a special invitation to tender for the export of durum wheat from Greece pursuant to Commission Regulation (EEC) No 2050/91 (4); whereas, however, this measure can have no immediate effects; whereas, therefore, additional measures, applicable from the harvest, should be taken to reduce the quantity of durum wheat on the Greek market; whereas these measures may take the form of private storage contracts between those holding durum wheat and the Greek intervention agency involving the granting of a storage premium;
Whereas the quantities covered by private storage contracts must fulfil the minimum quality criteria for intervention laid down by Regulation (EEC) No 1569/77 fixing the procedure and conditions for the taking-over of cereals by intervention agencies (5), as last amended by Regulation (EEC) No 1841/90 (6);
Whereas the detailed rules necessary for the correct administration of the measure in question should also be laid down;
Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its Chairperson,
1. The Greek intervention agency shall conclude storage contracts under the conditions laid down in this Regulation with holders of durum wheat produced in Greece who so request.
2. This special intervention measure shall cover a total quantity of 250 000 tonnes.
1. The special intervention measure provided for in this Regulation shall involve the conclusion of contracts between the Greek intervention agency and the holders of durum wheat under the terms of which:
(a) the holders shall undertake to store separately, in a specified place of storage capable of maintaining its quality, a specific quantity of durum wheat from the date of application until 30 September 1991;
(b) the Greek intervention agency shall pay to the holders, at the end of the storage period referred to under (a), a daily premium, fixed at a standard rate of ECU 0,13 per tonne, to cover the cost of the operation.
Holders of cereals may receive this daily premium for the relevant storage period from 1 July 1991 at the earliest, provided that they provide proof of storage during the whole or part of that period.
2. Without prejudice to Article 5, the premium referred to in paragraph 1 (b) shall be granted for the quantity present in the place of storage throughout the storage period. For the purposes of this paragraph, however, a tolerance of 3 kilograms per tonne shall be allowed.
3. The intervention agency shall check the existence and quality of applicants' stocks when applications are submitted. It shall also carry out, on a random basis, all checks necessary to verify the fulfilment of obligations throughout the period of the contract.
The conditions referred to in Article 3 (6) (b), (7) and (8) of Regulation (EEC) No 1569/77 shall apply.
1. Holders who wish to enter into such agreements must take a written application, which shall be taken as a firm commitment, to the intervention agency before 20 July 1991 indicating the quantity involved, which must be not less than 1 000 tonnes and not more than 50 000 tonnes.
Applications shall be valid only if accompanied by proof that the holder has lodged a security of ECU 5 per tonne.
2. Where the total quantities for which the holders wish to enter into agreements exceed the quantities referred to in Article 1 (2), the intervention agency shall allocate the quantities to be covered by the agreements and which fulfil the criteria referred to in Article 4 on a pro rata basis according to the quantities offered by each holder.
3. The intervention agency shall inform the holders in writing, before 31 July 1991, of the quantities to be covered by the agreement. If the quantity allocated is less than 200 tonnes, the holder may withdraw from the agreement.
4. The primary requirements within the meaning of Article 20 (1) of Commission Regulation (EEC) No 2220/85 (7) shall be:
- not to withdraw a contract application,
- to keep in storage, without prejudice to Article 5, the quantities covered by the contract.
5. The security referred to in paragraph 1 shall be released for rejected quantities covered by applications.
To be eligible for the special intervention measure provided for in this Regulation, the durum wheat must be sound, fair and of marketable quality within the meaning of the second indent of Article 2 (2) and (4) of Regulation (EEC) No 1569/77.
1. The storer shall be authorized, at his own request and on presentation of an export licence issued under the special measure provided for pursuant to Regulation (EEC) No 2050/91, to put an end to the agreement for all or part of the quantity covered by the storage contract. Commission Regulation (EEC) No 569/88 (8) shall apply mutatis mutandis.
2. The premium shall be paid for the period of storage in accordance with Article 2 (1) (b) up to the date of issue of the export licence within the meaning of Article 21 of Commission Regulation (EEC) No 3719/88 (9).
1. Aid shall be paid solely in respect of the contractual quantity.
If the quantity actually stored during the contractual storage period is less than the contractual quantity and:
(a) not less than 90 % of that quantity, the aid shall be reduced proportionately;
(b) less than 90 % but not less than 80 % of that quantity, the aid for the quantity actually stored shall be reduced by half;
(c) less than 80 % of that quantity, the aid shall not be paid.
2. Payment of the aid shall be made by the competent authorities as quickly as possible and by 30 November 1991 at the latest.
1. Greece shall ensure that the conditions giving rise to entitlement to the aid are fulfilled.
2. The contracting party shall make available to the intervention agency all documentation, for each contract, permitting in particular the following information on the products placed in private storage to be verified:
(a) the ownership at the time of placing in storage;
(b) the quantity and date of placing in storage;
(c) the presence of the products in the warehouse.
3. The contracting party or, where applicable, the operator of the storage warehouse, shall keep stock amounts available at the warehouse giving:
(a) the identification of the products placed in storage;
(b) the date of placing in storage and the dates of actual removals from storage;
(c) the location of the products in the warehouse.
4. The products stored must be easily identifiable and must be identified individually by contract.
5. The intervention agency shall undertake:
(a) for each contract, a check on compliance with all the obligations referred to in Article 2;
(b) an unannounced sample check to ensure that the products are present in the warehouse;
(c) a compulsory check to ensure that the products are present in the warehouse during the final week of the contractual storage period.
6. Checks pursuant to paragraph 5 must be the subject of a report stating:
- the date of the check,
- its duration,
- the operations conducted.
The aid report must be signed by the official responsible and countersigned by the contracting party or, where applicable, by the operator of the warehouse and must be included in the payment file.
Where it is established and verified by the intervention agency that the declaration referred to in Article 3 is false, made either deliberately or through serious negligence, the contracting party in question shall be excluded from the scheme provided for pursuant to this Regulation.
1. Greece shall inform the Commission of all provisions adopted for the application of this Regulation.
2. Greece shall notify the Commission by telex or by telefax:
(a) before 31 July, of the quantities which are the subject of contract applications and of the quantities for which contracts have been concluded;
(b) every month, of the products and total quantities actually in storage, and of the total quantities in respect of which the storage period had ended in accordance with Article 5.
0
The conversion rate to be applied to the different amounts referred to in this Regulation shall be the representative rate in force on 1 July 1991.
1
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
31976R0794 | Council Regulation (EEC) No 794/76 of 6 April 1976 laying down further measures for reorganizing Community fruit production
| COUNCIL REGULATION (EEC) No 794/76 of 6 April 1976 laying down further measures for reorganizing Community fruit production
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, notwithstanding the application of the reorganization measures provided for in Council Regulation (EEC) No 2517/69 of 9 December 1969 laying down certain measures for reorganizing Community fruit production (2), as last amended by Regulation (EEC) No 2456/72 (3), the Community market in apples and pears still shows an imbalance between supply and demand ; whereas that situation results largely from excess supply of apples of the "Golden Delicious", "Starking Delicious" and "Imperatore" varieties and pears of the "Passe Crassane" variety;
Whereas the measures adopted to steady the market are not of a nature to overcome such difficulties ; whereas action should therefore be taken to adjust production potential of these varieties so far as possible to present and foreseeable outlets for Community products;
Whereas, in order to encourage action of this kind, some inducement should be offered to growers to relinquish their production, wholly or in part, of the products in question ; whereas, to that end, provision should be made for Member States to grant premiums to growers who, having agreed to grub all or part of their orchard of apples and pears of the said varieties also undertake not to extend, for a specified period, the part of the orchard which they have retained ; whereas, for the sake of fairness, the undertakings given by recipients of the premiums provided for in Regulation (EEC) No 2517/69 should be adjusted accordingly;
Whereas the amount of the grubbing premium must be fixed at a level which takes into account the cost of grubbing and the temporary loss of income;
Whereas, to ensure that the rules for granting grubbing premiums are correctly applied, national aid designed to achieve aims similar to those pursued through the abovementioned rules for granting premiums may only be granted when requests for such aid have been submitted before the entry into force of this Regulation;
Whereas the proposed measures are in the interest of the Community and aim to attain the objectives laid down in Article 39 (1) (a) of the Treaty ; whereas they therefore constitute a common measure within the meaning of Article 6 of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (4), as last amended by Regulation (EEC) No 2788/72 (5);
Whereas the expenditure arising from the granting of grubbing premiums should be financed on a Community basis,
At their request and under the conditions specified below, Community fruit growers shall qualify for a premium for grubbing: - apple trees of the "Golden Delicious", "Starking Delicious" and "Imperatore" varieties and pear trees of the "Passe Crassane" variety;
- trees of varieties other than those mentioned above if those varieties are necessary for the fertilization of the "Golden Delicious", "Starking Delicious", "Imperatore" or "Passe Crassane" varieties.
The rules for granting that premium, in particular with regard to the minimum number and age of trees, shall be adopted in accordance with the procedure laid down in Article 33 of Council Regulation No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (6), as last amended by Regulation (EEC) No 793/76 (7). (1)OJ No C 53, 8.3.1976, p. 24. (2)OJ No L 318, 18.12.1969, p. 15. (3)OJ No L 266, 25.11.1972, p. 9. (4)OJ No L 94, 29.4.1970, p. 13. (5)OJ No L 295, 30.12.1972, p. 1. (6)OJ No L 118, 20.5.1972, p. 1. (7)See page 1 of this Official Journal.
1. Requests for the granting of premiums must be lodged before 1 November 1976.
2. The granting of a premium shall be subject in particular to a written undertaking by the recipient: (a) to proceed, before 1 April 1977, with the grubbing of the apple or pear trees for which the premium is claimed,
(b) to abstain for a period of five years following the grubbing carried out on his holding from any planting of apple, pear or peach trees other than, after informing the Member State concerned, for purposes of normal total or partial replanting of the areas of orchard remaining following the grubbing operation for which the premium was granted.
1. The amount of the premium shall, in accordance with the procedure laid down in Article 33 of Regulation (EEC) No 1035/72, be fixed at different levels to take account of the state of growth of the trees.
This amount shall not exceed 1 100 units of account per hectare grubbed.
2. The amount or the premium shall be paid in a lump sum, at the latest three months after the claimant has shown that he has actually carried out the grubbing operation.
Member States shall verify whether the recipient of the premium has observed the undertaking provided for in Article 2 (2) (b). They shall make that verification during the last three months of the five year period following the grubbing operation.
Member States shall inform the Commission of the results of the verification.
The measures provided for in this Regulation shall together constitute a common measure within the meaning of Article 6 (1) of Regulation (EEC) No 729/70.
1. The estimated total cost of the common measure, to be borne by the European Agricultural Guidance and Guarantee Fund, is 8 550 000 units of account.
2. The deadline for completion of the measure provided for in paragraph 1 shall be 1 April 1977.
1. The expenditure incurred by Member States in respect of the measures provided for in this Regulation shall be eligible for financing by the Guidance Section of the European Agricultural Guidance and Guarantee Fund.
2. The Guidance Section of the European Agricultural Guidance and Guarantee Fund shall reimburse to Member States 50 % of the eligible expenditure.
3. Detailed arrangements for the application of paragraph 2 shall be laid down in accordance with the procedure provided for in Article 13 of Regulation (EEC) No 729/70.
1. Requests for reimbursement shall relate to expenditure incurred by Member States during a calendar year and shall be submitted to the Commission before 1 July of the following year.
2. The Commission shall take a decision concerning those requests in one or more stages, in accordance with the procedure laid down in Article 7 (1) of Regulation (EEC) No 729/70.
1. Without prejudice to Article 8 of Regulation (EEC) No 729/70, the Member States, in accordance with national provisions laid down by law, regulation or administrative action, shall take the measures necessary to recover sums paid where the undertakings referred to in Article 2 are not observed.
They shall inform the Commission of the measures taken and in particular shall periodically report on the progress of the relevant administrative and judicial procedures.
2. The sums recovered shall be made over to the authorities or departments responsible for payment and deducted by them from the expenditure financed by the European Agricultural Guidance and Guarantee Fund, proportionately with the financial contribution of the Community.
3. The financial consequences of failure to recover the sums paid shall be borne by the Community and the Member States, proportionately with their financial contributions.
4. Interest may be added to the sums to be recovered.
5. Detailed arrangements for the application of this Article shall be laid down in accordance with the procedure provided for in Article 13 of Regulation (EEC) No 729/70.
0
1. The Commission shall submit to the Council, before 1 April 1979, on the basis of information provided by Member States, a report on the application of the rules for granting premiums laid down by this Regulation.
2. The Council, acting on a proposal from the Commission, shall decide on amendments to these rules in accordance with the voting procedure laid down in Article 43 (2) of the Treaty.
3. Where appropriate, the general rules for applying Article 4 shall be laid down in accordance with the same procedure.
1
This Regulation shall not preclude the granting of aid laid down by national regulations and designed to achieve aims similar to those pursued through this Regulation, provided requests for such aid are lodged before the date of entry into force of this Regulation.
2
The following text shall be substituted for Article 2 (2) (b) of Regulation (EEC) No 2517/69:
"(b) to abstain for a period of five years following the grubbing carried out on his holding from any planting of apple, pear or peach trees other than, after informing the Member State concerned, for purposes of normal total or partial replanting of the areas of orchard remaining following the grubbing operation for which the premium was granted."
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 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
32002R0002 | Commission Regulation (EC) No 2/2002 of 3 January 2002 establishing the standard import values for determining the entry price of certain fruit and vegetables
| Commission Regulation (EC) No 2/2002
of 3 January 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 4 January 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32003R1988 | Commission Regulation (EC) No 1988/2003 of 12 November 2003 establishing the allocation of export licences for cheeses to be exported in 2004 to the United States of America under certain quotas resulting from the GATT Agreements
| Commission Regulation (EC) No 1988/2003
of 12 November 2003
establishing the allocation of export licences for cheeses to be exported in 2004 to the United States of America under certain quotas resulting from the GATT Agreements
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products(1), as last amended by Regulation (EC) No 1787/2003(2), and in particular Article 30 thereof,
Whereas:
(1) Commission Regulation (EC) No 1471/2003(3) opens the procedure for the allocation of export licences for cheeses to be exported in 2004 to the United States of America under certain quotas resulting from the GATT Agreements.
(2) Commission Regulation (EC) No 174/1999 of 26 January 1999 laying down special detailed rules for the application of Council Regulation (EEC) No 804/68 as regards export licences and export refunds in the case of milk and milk products(4), as last amended by Regulation (EC) No 1948/2003(5), lays down in Article 20(3) the criteria to be applied for allocating provisional licences where applications for those licences are submitted in respect of a quantity of products in excess of one of the relevant quotas for the year in question.
(3) The demand for export licences for some quotas and product groups has shown a significant increase and exceeds, sometimes by far, the quantities available. This may lead to a substantial reduction in the quantities allocated per applicant, thereby reducing the efficiency and effectiveness of the scheme. In addition, where the quantities allocated to each operator are very small, experience has shown that there is a risk of an operator in such circumstances being unable to fulfil his obligation to export with the consequent loss of the security.
(4) In order to deal with that situation, it is appropriate to apply a combination of the three criteria referred to in Article 20(3) of Regulation (EC) No 174/1999. In accordance with points (a) and (b) of that Article, licences should be allocated in preference to applicants which have already been engaged in the United States of America whose designated importers are subsidiaries and which have exported quantity of the concerned products to that destination in the past. In addition a reduction coefficient should be applied pursuant to point (c) of the said Article 20(3).
(5) In the case of product groups and quotas for which the quantities applied for exceed only slightly those available, the application of a combination of the criteria provided for in Article 20(3)(b) and (c) of Regulation (EC) No 174/1999 is sufficient to allocate economically viable quantities. Therefore preference should be accorded in such circumstances to applicants whose importers are subsidiaries, while applying a reduction coefficient.
(6) In the case of product groups and quotas for which the applications lodged are for quantities less than those available, it is appropriate, in accordance with Article 20(5) of Regulation (EC) No 174/1999, to provide for the allocation of the remaining quantities to the applicants in proportion to the quantities applied for. The allocation of such further quantities should be conditional upon the interested operator making a request and lodging a security.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
1. Each application for provisional export licences lodged pursuant to Regulation (EC) No 1471/2003 in respect of the product groups and quotas identified by 16-Tokyo, 16-, 17-, 20- and 21-Uruguay, 25-Tokyo and 25-Uruguay in column 3 of the Annex hereto:
- by applicants which show an export to the United States of America of the products in question during at least one of the preceding three years and whose designated importers are subsidiaries shall be accepted in accordance with the allocation coefficients in column 5 of the Annex,
- by applicants other than those provided for under the first indent which show an export to the United States of America of the products in question during each of the preceding three years shall be accepted in accordance with the allocation coefficients in column 6 of the Annex,
- by applicants other than those provided for under the first and second indents above shall be rejected.
2. If the allocated quantity resulting from the application of Article 1(1) is less than two tonnes, applicants may withdraw their application. In such cases, they shall notify the competent authorities within five working days of the publication of this Regulation whereupon their security shall be immediately released. The competent authority shall notify the Commission within eight working days of the publication of this Regulation, of the quantity for which applications have been withdrawn and for which the security has been released.
3. Applications for provisional export licences lodged pursuant to Regulation (EC) No 1471/2003 in respect of the product group and quota identified by 18-Uruguay in column 3 of the Annex hereto:
- by applicants whose designated importers are subsidiaries shall be accepted in accordance with the allocation coefficient in column 7 of the Annex,
- by applicants other than those provided for under the first indent shall be accepted in accordance with the allocation coefficient in column 8 of the Annex.
4. Applications for provisional export licences lodged pursuant to Regulation (EC) No 1471/2003 in respect of the product group and quotas identified by 22-Tokyo and 22-Uruguay in column 3 of the Annex shall be accepted for the quantities requested. On the further application of the trader within 20 working days of the entry into force of this Regulation and subject to the lodging of the security applicable, provisional export licences may be issued for further quantities in accordance with the allocation coefficient in column 9 of the Annex.
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32013R0631 | Commission Implementing Regulation (EU) No 631/2013 of 28 June 2013 repealing Regulation (EC) No 546/2006 and Implementing Regulation (EU) No 233/2012 Text with EEA relevance
| 29.6.2013 EN Official Journal of the European Union L 179/84
COMMISSION IMPLEMENTING REGULATION (EU) No 631/2013
of 28 June 2013
repealing Regulation (EC) No 546/2006 and Implementing Regulation (EU) No 233/2012
(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 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (1), and in particular point (b)(iii) of Section I of Chapter A of Annex VIII thereto,
Whereas:
(1) Regulation (EC) No 999/2001 lays down rules for the prevention, control and eradication of transmissible spongiform encephalopathies (‘TSEs’) in animals. Annex VIII thereto provides for the approval and subsequent amendment of the national scrapie control programmes of the Member States if they comply with certain criteria laid down in that Regulation.
(2) Commission Regulation (EC) No 546/2006 of 31 March 2006 implementing Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards national scrapie control programmes and additional guarantees and derogating from certain requirements of Decision 2003/100/EC and repealing Regulation (EC) No 1874/2003 (2) approves the national scrapie control programmes of certain Member States. It also lays down the additional guarantees from which those Member States can benefit regarding the movements of ovine and caprine animals, as well as of their semen and embryos.
(3) Commission Implementing Regulation (EU) No 233/2012 of 16 March 2012 implementing Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards the approval of the amended national scrapie control programme for Denmark (3) approves the amended national scrapie control programme for Denmark.
(4) For reasons of clarity and simplification of Union legislation, Annex VIII to Regulation (EC) No 999/2001, as amended by Commission Regulation (EU) No 630/2013 of 28 June 2013 amending the Annexes to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (4), sets out the list of the Member States with an approved national control programme for classical scrapie and the corresponding additional guarantees from which those Member States benefit regarding the movements of ovine and caprine animals, as well as of their semen and embryos.
(5) The amendments to Regulation (EC) No 999/2001 set out in Regulation (EU) No 630/2013 apply from 1 July 2013. The provisions of Regulation (EC) No 546/2006 and Implementing Regulation (EU) No 233/2012 become therefore redundant on that date. In the interest of legal clarity and certainty, those Regulations should therefore be repealed on the same date.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Regulation (EC) No 546/2006 and Implementing Regulation (EU) No 233/2012 are repealed with effect from 1 July 2013.
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 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32002D0513 | 2002/513/EC: Commission Decision of 22 March 2001 approving the Single Programming Document for Community structural assistance under Objective 2 in the region of Poitou-Charentes in France (notified under document number C(2001) 639)
| Commission Decision
of 22 March 2001
approving the Single Programming Document for Community structural assistance under Objective 2 in the region of Poitou-Charentes in France
(notified under document number C(2001) 639)
(Only the French text ist authentic)
(2002/513/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1), and in particular Article 15(5) thereof,
After consulting the Committee on the Development and Conversion of Regions, the Committee pursuant to Article 147 of the Treaty and the Committee on Agricultural Structures and Rural Development,
Whereas:
(1) Articles 13 et seq. of Title II of Regulation (EC) No 1260/1999 lay down the procedure for preparing and implementing Single Programming Documents.
(2) Article 15(1) and (2) of Regulation (EC) No 1260/1999 provides that, after consultation with the partners referred to in Article 8 of the Regulation, the Member State may submit to the Commission a development plan which is treated as a draft Single Programming Document, and which contains the information referred to in Article 16 of the Regulation.
(3) Under Article 15(5) of Regulation (EC) No 1260/1999, on the basis of the regional development plan submitted by the Member State and within the partnership established in accordance with Article 8 of that Regulation, the Commission is to take a decision on the Single Programming Document, in agreement with the Member State concerned and in accordance with the procedures laid down in Articles 48 to 51.
(4) The French Government submitted to the Commission on 17 April 2000 an acceptable draft Single Programming Document for the region of Poitou-Charentes fulfilling the conditions for Objective 2 pursuant to Article 4(1) and qualifying for transitional support under Objectives 2 and 5(b) pursuant to Article 6(2) of Regulation (EC) No 1260/1999. As permitted by Article 40(2) of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)(2), the draft includes rural development measures other than those referred to in Article 35(1) of the Regulation. It also includes the information listed in Article 16 of Regulation (EC) No 1260/1999, in particular a description of the priorities selected and an indication of the financial contribution from the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section.
(5) The date of submission of the draft which was considered acceptable by the Commission constitutes the date from which expenditure under the plan is eligible. Under Article 52(4) of Regulation (EC) No 1260/1999, as an acceptable plan was submitted between 1 January and 30 April 2000 the date from which expenditure under the plan is eligible is 1 January 2000 in the case of the Structural Funds. In the case of the EAGGF Guarantee Section, Article 6 of Commission Regulation (EC) No 2603/1999(3) provides that the expenditure is eligible only if it has actually been paid to the beneficiary after the date of submission of the programme. Under Article 30 of Regulation (EC) No 1260/1999, it is necessary to lay down the final date for the eligibility of expenditure.
(6) The rural development measures to be financed by the EAGGF Guarantee Section are governed, in particular as regards their compatibility and consistency with common agricultural policy measures, by Regulation (EC) No 1257/1999.
(7) The Single Programming Document has been drawn up in agreement with the Member State concerned and within the partnership.
(8) The Commission has satisfied itself that the Single Programming Document is in accordance with the principle of additionality.
(9) Under Article 10 of Regulation (EC) No 1260/1999, the Commission and the Member State are required to ensure, in a manner consistent with the principle of partnership, coordination between assistance from the Funds and from the EIB and other existing financial instruments.
(10) The EIB has been involved in drawing up the Single Programming Document in accordance with the provisions of Article 15(5) of Regulation (EC) No 1260/1999 and has declared itself prepared to contribute to its implementation in conformity with its statutory provisions.
(11) The financial contribution from the Community available over the entire period and its year-by-year breakdown are expressed in euro. The annual breakdown should be consistent with the relevant financial perspective. Under Article 7(7) of Regulation (EC) No 1260/1999, the Community contribution has already been indexed at a rate of 2 % per year. Under Article 7(7) and Article 44(2) of the Regulation, the Community contribution may be reviewed at mid-term, and not later than 31 March 2004, to take account of the effective level of inflation and the allocation of the performance reserve.
(12) Provision should be made for adapting the financial allocations of the priorities of this Single Programming Document within certain limits to actual requirements reflected by the pattern of implementation on the ground, in agreement with the Member State concerned,
The Single Programming Document for Community structural assistance in the region of Poitou-Charentes in France eligible under Objective 2 and qualifying for transitional support under Objectives 2 and 5(b) for the period 1 January 2000 to 31 December 2006 is hereby approved.
1. In accordance with Article 19 of Regulation (EC) No 1260/1999, the Single Programming Document includes the following elements:
(a) the strategy and priorities for the joint action of the Structural Funds and the Member State; their specific quantified targets; the ex ante evaluation of the expected impact, including on the environmental situation, and the consistency of the priorities with the economic, social and regional policies and the employment strategy of France.
The priorities are as follows:
1. supporting the development of firms;
2. supporting and developing strategic sectors;
3. making the area more attractive and more cohesive;
4. EAGGF Guarantee Section;
5. technical assistance;
(b) a summary description of the measures planned to implement the priorities, including the information needed to check compliance with the State aid rules under Article 87 of the Treaty;
(c) the indicative financing plan specifying for each priority and each year the financial allocation envisaged for the contribution from each Fund and the other financial instruments, including the total amount from the EAGGF Guarantee Section and indicating separately the funding planned for the regions receiving transitional support in respect of Objectives 2 and 5(b) and the total amounts of eligible public or equivalent expenditure and estimated private funding in the Member State. The total contribution from the Funds planned for each year for the Single Programming Document is consistent with the relevant financial perspective;
(d) the provisions for implementing the Single Programming Document including designation of the managing authority, a description of the arrangements for managing the Single Programming Document and the use to be made of global grants, a description of the systems for monitoring and evaluation, including the role of the Monitoring Committee and the arrangements for the participation of the partners in that Committee;
(e) the ex ante verification of compliance with additionality and information on the transparency of financial flows.
2. The indicative financing plan puts the total cost of the priorities selected for the joint action by the Community and the Member State at EUR 1058244814 for the whole period, the financial contribution from the Structural Funds at EUR 265646737 and that from the EAGGF Guarantee Section at EUR 45999000.
The resulting requirement for national resources of EUR 475027455 from the public sector and EUR 271571622 from the private sector can be partly met by Community loans from the European Investment Bank and other lending instruments.
3. The rate of part-financing by the EAGGF Guarantee Section for each rural development measure is given in the Single Programming Document. The rate of part-financing by the EAGGF at the level of the sub-measure or action is given in the programme complement provided for in Article 19(4) of Regulation (EC) No 1260/1999 and shall be valid for at least one financial year.
1. The total assistance from the Structural Funds granted under the Single Programming Document amounts to EUR 265646737, to which the EAGGF Guarantee Section will contribute a further EUR 45999000.
The procedure for granting the financial assistance, including the financial contribution from the Funds for the various priorities included in the Single Programming Document, is set out in the financing plan annexed to this Decision.
2. The indicative initial estimated breakdown among the Structural Funds of the total Community assistance available is as follows:
>TABLE>
3. During implementation of the financing plan, the total cost or Community financing of a given priority may be adjusted in agreement with the Member State by up to 25 % of the total Community contribution to the Single Programming Document throughout the programme period, up to a maximum of EUR 30 million, without altering the total Community contribution referred to in paragraph 1.
This Decision is without prejudice to the Commission's position on aid schemes falling within Article 87(1) of the Treaty that are included in this assistance and which it has not yet approved. Submission of the application for assistance, the programme complement or a request for payment by the Member State does not replace the notification required by Article 88(3) of the Treaty.
Community financing of State aid falling within Article 87(1) of the Treaty, granted under aid schemes or in individual cases, requires prior approval by the Commission under Article 88 of the Treaty, except where the aid falls under the de minimis rule or is exempted under an exemption regulation adopted by the Commission under Council Regulation (EC) No 994/98 on the application of Articles 92 and 93 to certain categories of horizontal State aid(4). In the absence of such exemption or approval, aid is illegal and subject to the consequences set out in the procedural regulation for State aid, and its part financing would be treated as an irregularity within the meaning of Articles 38 and 39 of Regulation (EC) No 1260/1999.
Consequently, the Commission will not accept requests for interim and final payments under Article 32 of the Regulation for measures being part-financed with new or altered aid, as defined in the procedural regulation for State aid, granted under aid schemes or in individual cases, until such aid has been notified to and formally approved by the Commission.
By way of derogation from the preceding paragraphs, Articles 51 and 52 of Regulation (EC) No 1257/1999 shall apply in the context of rural development part financed by the EAGGF.
The date from which expenditure shall be eligible is 1 January 2000 and 17 April 2000 for the EAGGF Guarantee Section.
The closing date for the eligibility of expenditure shall be 31 December 2008 for the Structural Funds. This date is extended to 30 April 2009 for expenditure incurred by bodies granting assistance under Article 9(l) of Regulation (EC) No 1260/1999. The closing date for the eligibility of expenditure in the area receiving transitional support shall be 31 December 2007.
The final date for the EAGGF Guarantee Section to take account of payments made by the paying bodies under this programming document shall be 31 December 2006.
This Decision is addressed to the French Republic. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 |
31985D0307 | 85/307/EEC: Commission Decision of 23 May 1985 adjusting the boundaries of less-favoured areas, within the meaning of Council Directive 75/268/EEC, in Italy (Only the Italian text is authentic)
| COMMISSION DECISION
of 23 May 1985
adjusting the boundaries of less-favoured areas, within the meaning of Council Directive 75/268/EEC, in Italy
(Only the Italian text is authentic)
(85/307/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (1), as last amended by Regulation (EEC) No 797/85 (2), and in particular Article 2 (3) thereof,
Whereas Council Directive 75/273/EEC of 28 April 1975 concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (Italy) (3), as last amended by Directive 84/167/EEC (4), identifies the areas in Italy included on the Community list of less-favoured areas within the meaning of Article 3 (3), (4) and (5) of Directive 75/268/EEC;
Whereas the Italian Government has applied, under Article 2 (1) of Directive 75/268/EEC, for an adjustment of the boundaries of the less-favoured areas listed in the Annex to Directive 75/273/EEC;
Whereas the Italian Government has, moreover, requested material changes to be made to the list of less-favoured areas included in the Annex to Directive 75/273/EEC and in that to Directive 84/167/EEC;
Whereas the less-favoured areas resulting from these adjustments exhibit the indices and values used in Directive 75/273/EEC;
Whereas the material changes do not have the effect of increasing the utilized agricultural area determined by Directive 75/273/EEC and by Directive 84/167/EEC;
Whereas the adjustments requested by the Italian Government pursuant to Article 2 (3) of Directive 75/268/EEC do not have the combined effect of increasing the utilized agricultural area of all the listed areas by more than 1,5 % of the total utilized agricultural area in Italy;
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,
With effect from 1 January 1985, the list of less-favoured areas in Italy contained in the Annexes to Directives 75/273/EEC and 84/167/EEC is hereby amended as shown in the Annex to this Decision.
This Decision is addressed to the Italian Republic. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31982R2440 | Commission Regulation (EEC) No 2440/82 of 8 September 1982 amending for the fourth time Regulation (EEC) No 1842/81 in respect of the grant of adjusted refunds in the case of cereals exported in the form of certain spirituous beverages
| COMMISSION REGULATION (EEC) No 2440/82
of 8 September 1982
amending for the fourth time Regulation (EEC) No 1842/81 in respect of the grant of adjusted refunds in the case of cereals exported in the form of certain spirituous beverages
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1451/82 (2), and in particular Articles 16 (6) and 24 thereof,
Having regard to Council Regulation (EEC) No 1188/81 of 28 April 1981 laying down general rules for granting refunds adjusted in the case of cereals exported in the form of certain spirituous beverages and the criteria for fixing the amount of such refunds and amending Regulation (EEC) No 3035/80 concerning certain products not covered by Annex II to the Treaty (3), and in particular Article 12 thereof,
Whereas Commission Regulation (EEC) No 1842/81 (4), as last amended by Regulation (EEC) No 897/82 (5), lays down the procedure for granting adjusted refunds on cereals exported in the form of certain spirituous beverages;
Whereas Article 1 (2) of Regulation (EEC) No 1842/81 lays down that the payment declaration shall include the net weight of the products; whereas, moreover, Article 4 (3) of the same Regulation lays down that the cereals or malt employed must be of sound, merchantable quality;
Whereas Regulation (EEC) No 897/82 supplemented Regulation (EEC) No 1842/81 by adding detailed provisions relating to the moisture content of cereals; whereas it is also necessary to make analogous provisions relating to the moisture content of malt;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
Article 1 (3) of Regulation (EEC) No 1842/81 is hereby replaced by the following:
'3. For the purposes of this Regulation the weight of cereals to be taken into consideration for calculation of the payment shall be the net weight, if the moisture content is not more than 16 %. If the moisture content of the cereals used is more than 16 % but not more than 17 % the weight to be taken into consideration shall be the net weight reduced by 1 %. If the moisture content of the cereals used is more than 17 % but not more than 18 % the reduction shall be 2 %. If the moisture content of the cereals used is more than 18 % the reduction shall be two percentage points for each percentage point of moisture above 16 %.
For the purposes of this Regulation the weight of malt to be taken into consideration for calculation of the payment shall be the net weight, if the moisture content is not more than 7 %. If the moisture content is more than 7 % but not more than 8 % the weight to be taken into consideration shall be the net weight reduced by 1 %. If the moisture content of the malt used is more than 8 % the reduction shall be two percentage points for each percentage point of moisture above 7 %.
The standard Community method for determining the moisture content of cereals and malt intended for production of the spirituous beverages referred to in Regulation (EEC) No 1188/81 shall be that shown in Annex II to Regulation (EEC) No 2731/75.'
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 respect to malt from 1 December 1982.
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 |
32010R0664 | Commission Regulation (EU) No 664/2010 of 23 July 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables
| 24.7.2010 EN Official Journal of the European Union L 193/9
COMMISSION REGULATION (EU) No 664/2010
of 23 July 2010
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
This Regulation shall enter into force on 24 July 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32001D0546 | 2001/546/EC: Commission Decision of 11 July 2001 setting up a consultative committee, to be known as the "European Energy and Transport Forum" (notified under document number C(2001) 1843)
| Commission Decision
of 11 July 2001
setting up a consultative committee, to be known as the "European Energy and Transport Forum"
(notified under document number C(2001) 1843)
(2001/546/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Whereas:
(1) The conclusions of the Transport Council of 20 September 2000(1) called for the Commission to submit a proposal without delay for setting up a European forum at the Commission consisting of representatives of the sector concerned to examine all the factors affecting the competitiveness of transport and to consider adjustments to the structures in this sector. The proposal should have due regard for social, environmental and safety objectives.
(2) The mandate of the Energy Consultative Committee set up under Commission Decision No 96/642(2) of 8 November 1996 lapsed in February 2001.
(3) In view of its need for a consultative discussion body made up of individuals qualified to examine a wide range of issues to do with energy and transport policy, the Commission proposes to set up a European Energy and Transport Forum.
(4) Considering the interdependence of energy and transport policies and the need to bring them into line with each other, it is useful and appropriate to bring representatives of the energy and transport industries together within a single body.
(5) This dialogue should enable the Commission to gather opinions on any Commission initiative in the area of energy and transport policy and to benefit from the expert opinion of a monitoring centre.
(6) This forum should be set up, its mandate defined and its administration organised,
1. A consultative committee, to be known as the "European Energy and Transport Forum", hereinafter referred to as the "Forum", shall be set up at the Commission.
2. The Forum shall be made up of qualified individuals competent to consider matters relating to energy and transport as well as the interaction between these two policies. It shall include representatives of operators, manufacturers and managers of networks and infrastructures, transport users and energy consumers, trade unions, environmental protection and safety associations and the academic world.
Mission
1. The Commission can consult the Forum on any matter relating to EU energy and transport policy.
2. The Forum shall act as monitoring centre for energy and transport policy, particularly on competitiveness and structural adjustments in these sectors, while having due regard for environmental, social and safety concerns. It will also be required, if necessary, to examine any matters of topical interest which may arise in the areas of energy and transport.
3. The Forum shall provide the Commission with opinions or reports at the request of the Commission or on its own initiative. The deliberations of the Forum shall not be subject to any vote. The Commission may set a deadline for the submission of any opinion or report that it requests from the Forum.
Composition, nomination
1. The Forum shall have 34 full members.
2. The distribution of members shall be as follows:
- nine members representing operators (energy producers and land, sea and air freight carriers, manufacturing industry),
- five members representing networks and infrastructures (gas, electricity, rail, road, ports, airports, air traffic control),
- seven members representing users and consumers (transport users, energy consumers, demand management),
- six members representing unions,
- five members representing environmental organisations and organisations responsible for safety particularly in the field of transport,
- two members from the academic world or from think tanks,
3. One alternate member shall be appointed for every full member. The alternate member shall attend meetings of the Forum or a working group only if the full member is absent or unable to attend.
4. The full and alternate members of the forum shall be appointed individually by the Commission on the basis of objective criteria of proven competence and experience. They shall be required to give the Commission and independent opinion, free from outside influence. They shall have a two-year renewable mandate.
5. When their mandate lapses, full members of the forum, and the corresponding alternate members, shall remain in office until such time as they are replaced or their mandate renewed.
6. A member's mandate shall lapse before expiry thereof in the event of resignation or death. In such case, the member shall be replaced for the remaining term of the mandate.
7. There shall be no remuneration for the duties performed.
8. A call for applications for the membership positions defined in Article 3(2) will be published in the Official Journal of the European Communities, except for members under the fourth indent, in whose case the Commission will call upon the European Trade Union Confederation to appoint its representatives in the fields of energy and transport. The Commission shall select members on the basis of the applications received following this call. The selection criteria will take account of the candidates' competence and experience, their representativeness and their ability to contribute to strategic discussions, and will promote a balance in terms of specialists from the various areas of activity, in terms of gender and in terms of geographical origin.
9. The Commission will publish the list of full and alternate members for information in the Official Journal of the European Communities.
Working parties
1. In fulfilment of its mission as set out in Article 2, the Forum may set up ad hoc working parties.
2. The working parties shall comprise 11 members at most.
Experts
The Forum may invite to participate in its work any person with a specific competence for an item on the agenda. Such experts shall participate only in the discussions of the item for which they were invited.
Forum Presidency and Bureau
1. For a term of office of two years, the Forum shall elect from among its members one President and four Vice-Presidents representing operators, users or consumers, trade unions and the environment or safety, respectively. Elections shall be carried by a majority of two thirds of the members present.
2. The President and the Vice-Presidents whose mandates have lapsed shall remain in office until such time as they are replaced or their mandate renewed.
3. If the mandate of the President or one of the Vice-Presidents lapses, a replacement shall be provided for the remainder of their term of office, in accordance with the procedure given in paragraph 1.
4. The Bureau shall be made up of the President and the Vice-Presidents.
5. The Bureau shall prepare and organise the work of the Forum.
6. The Bureau may invite rapporteurs from any working party to take part in its meetings.
Secretarial services
The Commission shall provide secretariat services for the Forum, the Bureau and the working parties.
Representatives of interested Commission services can take part in the meetings of the Forum, the Bureau and the working parties.
Opinions and reports
The Forum shall submit its opinions and reports to the Commission. If the requested opinion or report meets with the unanimous agreement of the forum, the Forum shall draw up joint conclusions, which shall be appended to the minutes of meetings. If the requested opinions or report does not meet with the unanimous approval of the forum, the forum shall forward the divergent views of its members to the Commission. The Commission can publish on the Internet any reports, opinions and proceedings of the Forum that are not confidential in nature.
Meetings
1. The Forum shall meet at the Commission headquarters on invitation by the Commission.
2. The Bureau shall be convened on the initiative of the President in agreement with the Commission.
3. Forum members and any experts invited under Article 5 shall be reimbursed their travel and subsistence expenses in accordance with the provisions in force within the Commission.
4. Meetings of the Forum and, if applicable, the working parties shall be organised subject to prior budgetary authorisation by the Commission.
0
Without prejudice to the provisions of Article 287 of the EC Treaty, the members of the forum shall not divulge any information they obtain through their work in the forum or its working groups, where the Commission informs them that a particular opinion or matter is confidential. In such a case, only members of the forum and Commission representatives may attend the meetings.
1
Revision
The Commission reserves the right to amend the terms of this Decision in the light of experience.
2
Decision No 96/642/EC and therefore also Decision 98/134/EC are hereby repealed.
3
Entry into force
This Decision shall take effect on the day of its publication in the Official Journal of the European Communities. | 0 | 0 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 | 0 |
31986D0352 | 86/352/EEC: Commission Decision of 10 July 1986 concerning extensions in the implementation by Germany of certain measures to adjust capacity in the fisheries sector, pursuant to Council Directive 83/515/EEC (Only the German text is authentic)
| COMMISSION DECISION
of 10 July 1986
concerning extensions in the implementation by Germany of certain measures to adjust capacity in the fisheries sector, pursuant to Council Directive 83/515/EEC
(Only the German text is authentic)
(86/352/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 83/515/EEC of 4 October 1983 concerning certain measures to adjust capacity in the fisheries sector (1), and in particular Article 7 (1) thereof,
Having regard to Commission Decision No 84/376/EEC of 6 July 1984 (2) concerning the implementation by Germany of certain measures to adjust capacity in the fisheries sector, pursuant to Council Directive 83/515/EEC,
Whereas the German Government intends to extend certain rules governing its system of financial aids for measures involving the temporary reduction of production capacity in the fisheries sector; whereas on 22 January 1986 it communicated particulars of these extensions;
Whereas, in accordance with Article 7 of the said Directive, the Commission has considered whether, having regard to their compatibility with the Directive and to the other structural measures existing or planned in the fisheries sector, the measures contemplated continue to fulfil the conditions for a financial contribution from the Community;
Whereas this Decision does not relate to national aid referred to in Article 12 of the said Directive;
Whereas this Decision is in accordance with the opinion of the Standing Committee on Fisheries Structures,
The measures which Germany intends to take to implement a financial aid scheme for measures involving the temporary reduction of production capacity in the fisheries sector continue to fulfil the conditions for a financial contribution from the Community.
This Decision shall not apply to national aid referred to in Article 12 of Directive 83/515/EEC.
This Decision is addressed to the Federal Republic of Germany. | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31997R0070 | Council Regulation (EC) No 70/97 of 20 December 1996 concerning the arrangements applicable to imports into the Community of products originating in the Republics of Bosnia-Herzegovina, Croatia and the former Yugoslav Republic of Macedonia and to imports of wine originating in the Republic of Slovenia
| COUNCIL REGULATION (EC) No 70/97 of 20 December 1996 concerning the arrangements applicable to imports into the Community of products originating in the Republics of Bosnia-Herzegovina, Croatia and the former Yugoslav Republic of Macedonia and to imports of wine originating in the Republic of Slovenia
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Regulations (EC) No 3355/94 (1), (EC) No 3356/94 (2) and (EC) No 3357/94 (3), setting out the arrangements applicable to imports into the Community of products originating in the Republics of Bosnia-Herzegovina, Croatia, Slovenia and the Former Yugoslav Republic of Macedonia, expire on 31 December 1996;
Whereas these arrangements will eventually have to be replaced by provisions contained in bilateral agreements to be negotiated with the countries in question;
Whereas account should be taken of the fact that the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Slovenia, of the other part, was signed on 10 June 1996 and that the Interim Agreement will be applied on 1 January 1997;
Whereas account should be taken of the fact that the Republic of Slovenia is now covered by the provisions of the aforementioned bilateral agreement and that the autonomous arrangements no longer apply to it;
Whereas, consequently, the trade concessions provided for in respect of the other countries formerly part of Yugoslavia should be adapted in an appropriate manner, taking into account the accession of Austria, Finland and Sweden to the European Union;
Whereas the preferential trade concessions applicable to the countries formerly part of Yugoslavia are based on those set out in the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia signed on 2 April 1980 and denounced on 25 November 1991;
Whereas these preferential concessions comprise exemption from duties and the abolition of quantitative restrictions for industrial products, except for certain products subject to tariff ceilings, and special concessions (exemption from duties, reduction of the agricultural components, tariff quotas) for various agricultural products;
Whereas Community monitoring may be achieved by means of an administrative procedure based on charging imports of the products in question against the tariff ceilings at Community level as and when those products are entered with the customs authorities for free circulation; whereas this administrative procedure must make provision for the possibility of reintroducing customs duties as soon as the ceilings are reached at Community level;
Whereas this administrative procedure requires close and particularly rapid cooperation between the Member States and the Commission, which must in particular be able to follow the progress of quantities charged against the ceilings;
Whereas the arrangements applicable to imports of textile products from the Republics of Bosnia-Herzegovina, Croatia and the former Yugoslav Republic of Macedonia are governed by the provisions of Council Regulation (EC) No 517/94 (4);
Whereas the agreement on 'wines and spirits` envisaged by the Europe Agreement between the European Community and the Republic of Slovenia has yet to be concluded and whereas certain concessions should be granted on an autonomous and transitional basis pending conclusion of the aforementioned agreement;
Whereas it is appropriate, in view of the current difficult market situation, to limit the previous concessions for 'baby beef`, without prejudice to future bilateral negotiations with the countries concerned;
Whereas it is necessary, in particular, to ensure for all Community importers equal and uninterrupted access to the said tariff quotas and to ensure uninterrupted application of the rates laid down for the quotas to all imports of the products concerned into all Member States until the quotas have been used up;
Whereas the decision for the opening of tariff quotas should be taken by the Community in the execution of its international obligations; whereas, to ensure the efficiency of a common administration of these quotas, there is no obstacle to authorizing the Member States to draw from the quota-volumes the necessary quantities corresponding to actual imports; whereas, however, this method of administration requires close cooperation between the Member States and the Commission and the latter must in particular be able to monitor the rate at which the quotas are used up and inform the Member States;
Whereas, for the sake of rationalization and simplification, it is appropriate to provide that the Commission may, having consulted the Customs Code Committee, and without prejudice to the specific procedures provided for in Article 10 of this Regulation, make any necessary changes and technical amendments necessary to this Regulation;
Whereas the import arrangements are renewed on the basis of the conditions established by the Council in relation to the development of the relations between the Community and each of the countries concerned, including the regional approach; whereas it is appropriate, therefore, to limit the duration of these arrangements to one year in order to permit a regular review of compliance, without prejudice to the possibility of modifying the geographical coverage of this Regulation at any other time,
1. Subject to the special provisions laid down in Articles 2 to 8, products other than those listed in Annex II to the Treaty establishing the European Community and in Annex A to this Regulation originating in the Republics of Bosnia-Herzegovina, Croatia and the former Yugoslav Republic of Macedonia shall be admitted for import into the Community without quantitative restrictions or measures having equivalent effect and with exemption from customs duties and charges having equivalent effect.
2. Wine imports originating in the Republic of Slovenia shall benefit from the concession provided for in Article 7.
3. Entitlement to benefit from one of the preferential arrangements introduced by this Regulation shall be subject to respect for the definition of the concept of originating products provided for in Title IV, Chapter 2, section 3 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (5).
Processed agricultural products
The import duties, namely the customs duties and agricultural components, applicable on import into the Community of the products listed in Annex B shall be those indicated for each product in the said Annex.
Textile products
1. The textile products originating in the countries referred to in Article 1 (1) of this Regulation and indicated in Annex III B to Regulation (EC) No 517/94 shall be admitted for import into the Community within the annual Community quantitative limits fixed in Regulation (EC) No 517/94.
2. Reimportations following an outward-processing operation, in accordance with Regulation (EC) No 3036/94 (6), shall be admitted within the limits of the Community annual quantities set in Annex VI to Regulation (EC) No 517/94 for the countries referred to in Article 1 (1) of this Regulation and shall also be exempt from customs duties.
Industrial products - tariff ceilings
1. From 1 January to 31 December each year, imports into the Community of certain products originating in the countries referred to in Article 1 (1) and listed in Annexes C I, C II, C III, and C IV shall be subject to tariff ceilings and Community surveillance.
The description of the products referred to in the first subparagraph, their combined nomenclature codes and the corresponding ceilings are set out in the said Annexes. The amounts of the ceilings shall be increased annually by 5 %.
2. Quantities shall be charged against the ceilings as and when declarations for release for free circulation are lodged with customs authorities with a movement certificate in accordance with the rules of origin.
Goods may be charged against a ceiling only if the movement certificate is presented before the date on which customs duties are reintroduced.
The extent to which the ceilings are used up shall be determined at Community level on the basis of the imports charged against them in the manner defined above.
Member States shall periodically inform the Commission of imports changed in accordance with the above procedure; such information shall be supplied in the manner laid down in paragraph 4.
3. As soon as the ceilings have been reached, the Commission may adopt a Regulation reintroducing, until the end of the calendar year, the customs duties actually applied in respect of third countries.
4. Member States shall send the Commission not later than the 15th day of each month statements of the quantities charged during the preceding month. If the Commission so requests, Member States shall provide such statements for a period of 10 days and forward them within five clear days of the end of each 10-day period.
Agricultural products
The products originating in the countries referred to in Article 1 (1) and listed in Annex D may be imported into the Community pursuant to the tariff concessions listed in that Annex.
Sour cherries
1. Sour cherries originating in the countries referred to in Article 1 (1) may be imported into the Community free of duties of customs within the limits set out in Annex D.
Where those ceilings are exceeded, the issuing of the import certificates provided for in respect of the products concerned may be suspended.
2. Paragraph 1 shall apply to sour cherries falling within CN codes ex 0811 90 19, ex 0811 90 39, 0811 90 75, 0812 10 00 and 2008 60 51, 2008 60 61, 2008 60 71 and 2008 60 91 on condition that the minimum import price set by the Community pursuant to Annex I B to Regulation (EEC) No 426/86 (7) as amended by Regulation (EC) No 3290/94 (8), is applied. Where that minimum price is not applied, a countervailing charge shall be payable.
Agricultural products - tariff quotas
1. The customs duties applicable to imports into the Community of the following products, originating in the countries referred to in Article 1 (1), shall be suspended during the periods, at the levels and within the limits of the Community tariff quotas for each one.
2. On import, plum spirit and tobaccos of the 'Prilep` type have to be accompanied by authenticity certificates in conformity with the models appearing at Annex E, issued by the competent authority of the countries concerned.
3. The tariff quotas referred to in paragraph 1 shall be administered by the Commission, which may take all appropriate administrative measures in order to ensure efficient management thereof.
4. Where an importer lodges in a Member State a declaration for release for free circulation and applies to take advantage of the preferential arrangements for a product referred to in paragraph 1, accompanied by a certificate of origin, and the declaration is accepted by the customs authorities, the Member State concerned shall, by notifying the Commission, draw an amount corresponding to its requirements from the quota volume.
Requests for drawings, indicating the date of acceptance of the said declarations, must be sent to the Commission without delay.
The drawings shall be granted by the Commission by reference to the date of acceptance of declarations for release for free circulation by the customs authorities of the Member State concerned, to the extent that the available balance so permits.
If a Member State does not use quantities drawn, it shall return them to the corresponding quota volume as soon as possible.
If the quantities requested are greater than the available balance of the quota volume, the balance shall be allocated on a pro rata basis. The Commission shall inform the Member States of the drawings made.
5. Each Member State shall ensure that importers of the products in question have equal and uninterrupted access to the quotas as long as the available balance so permits.
1. Paragraphs 2 and 3 shall apply to 'baby beef` products defined in Annex F.
2. Within the limit of an annual tariff quota of 11 725 tonnes expressed in carcase weight, distributed among the countries referred to in Article 1 (1), the rates of customs duty applicable shall be defined in accordance with Annex G.
3. Any request for import within the quota provided for in paragraph 2 has to be accompanied by an authenticity certificate issued by the competent authorities of the exporting country and attesting that the goods are originating goods and from the country concerned and correspond to the definition in Annex F. This certificate shall be drawn up by the Commission according to the procedure provided for in Article 10.
General provisions
The ceilings, reference quantities and quotas provided for in this Regulation shall apply as a whole to all the countries referred to in Article 1 (1), except for the quota provided for in Article 8.
0
The detailed rules for implementing the agricultural provisions referred to in this Regulation shall be determined by the Commission according to the procedure provided for in Article 23 of Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals (9) in the corresponding provisions of other Regulations on the common organization of markets.
1
The provisions necessary for the application of this Regulation, other than those provided for in Article 4 (3), Article 5 (2) and Article 10, notably:
(a) amendments and technical adjustments necessary following amendments to the combined nomenclature and Taric codes,
(b) necessary adjustments following the conclusion of other agreements between the Community and the countries referred to in Article 1 (1) of this Regulation
shall be adopted according to the procedure provided for in Article 12 (2) below.
2
1. For the purposes of the application of Article 11 of this Regulation, the Commission shall be assisted by the Customs Code Committee set up by Article 247 of Regulation (EEC) No 2913/92 (10).
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall express its opinion on this draft within a time limit that the Chairman may set according to the urgency of the matter. The opinion shall be delivered by the majority provided for in Article 148 (2) of the Treaty for the adoption of decisions that the Council is called on to take on a proposal from the Commission. During votes within the Committee, the votes of the representatives of the Member States shall be weighted as set out in the Article referred to above. The Chairman shall not take part in the voting.
The Commission shall adopt those measures which are immediately applicable. However, if they are not in conformity with the opinion of the Committee, they shall be communicated at once by the Commission to the Council. In this case:
- the Commission shall defer for three months from the date of this communication the implementation of the measures decided by it,
- the Council, taking a decision by a qualified majority, may take a different decision within the time limit provided for in the first indent.
3. The Committee may consider any matter concerning the application of this Regulation raised by its Chairman either on his initiative or at the request of a Member State.
3
Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
It shall apply from 1 January to 31 December 1997.
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 |
31986R0643 | Commission Regulation (EEC) No 643/86 of 28 February 1986 laying down detailed rules for the application of the supplementary trade mechanism to the live plants and floriculture products listed in Annex XXII to the Act of Accession and imported into Portugal
| COMMISSION REGULATION (EEC) N° 643/86
of 28 February 1986
laying down detailed rules for the application of the supplementary trade mechanism to the live plants and floriculture products listed in Annex XXII to the Act of Accession and imported into Portugal
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal,
Having regard to Council Regulation (EEC) N° 569/86 of 25 February 1986 laying down general rules for the application of the supplementary trade mechanism (1) and in particular Article 7 (1) thereof,
Having regard to Council Regulation (EEC) N° 3792/85 of 20 December 1985 laying down the arrangements applying to trade in agricultural products between Spain and Portugal (2) and in particular Article 5 (1) thereof,
Whereas Commission Regulation (EEC) N° 574/86 (3) lays down the detailed rules for the application of the supplementary trade mechanism;
Whereas specific detailed rules should also be adopted in respect of the live plants and floriculture products, with regard to the application of the supplementary trade mechanism to the products listed in Annex XXII to the Act of Accession; whereas, in this context, provision should be made for the fixing, in respect of imports into Portugal from Spain and the Community of Ten, of indicative ceilings for the period 1 March to 31 December 1986 on the basis of the specific estimates referred to in Article 251 (1) of the Act of Accession;
Whereas the specific estimate provided for in Article 251 of the Act of Accession was drawn up on the basis of available data regarding production or consumption of floriculture products in Portugal; whereas on the basis of this estimate the indicative ceilings for certain products from Common Customs Tariff heading Nos ex 06.02, ex 06.03 and ex 06.04 were fixed;
Whereas, in view of the small volume of trade in the products in question and in order to simplify the management of the arrangements, it would not seem appropriate to apply the provisions of Article 6 (2) and (4) of Regulation (EEC) N° 574/86 throughout the marketing year;
Whereas, in view of the foregoing, the provisions of
Article 19 (1) of Commission Regulation (EEC) N° 3183/80
(1) OJ N° L 55, 1. 3. 1986, p. 106.
(2) OJ N° L 367, 31. 12. 1985, p. 7.
(3) OJ N° L 57, 1. 3. 1986, p. 1.
of 3 December 1980 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (4), as last amended by Regulation (EEC) N° 592/86 (5), should be applied for the issue of STM licences;
Whereas, in order that appropriate measures may be adopted in the event of the indicative ceilings being exceeded, the Commission should be permitted to implement the provisions of Article 6 (2) and (4) of Regulation (EEC) N° 574/86.
Whereas the period of validity of the STM licence referred to in Article 2 (1) of Regulation (EEC) N° 574/86 should be
30 days; whereas the amount of the security should be fixed at a level enabling the system to function efficiently;
Whereas, for practical reasons of management, and owing to the absence of a marketing year, the system should be based on the calendar year;
Whereas the provisional estimates relating to these products, for which a marketing year is not provided for in the organization of the market, were drawn up in accordance with the procedure in Article 14 of Council Regulation (EEC) N° 234/68 of 27 February 1968 laying down the common organization of the market in the living plant and floriculture sector (6); whereas on the basis of these estimates it is possible to fix the indicative ceilings for the products in question for the period 1 March to 31 December 1986; whereas with a view to guaranteeing the stability of the Portuguese market, it is appropriate to provide for a seasonal adjustment of the ceilings for roses and carnations; whereas it will be appropriate at the time of the next annual fixing of indicative ceilings to allow for seasonal variations in Portuguese production;
Whereas the Management Committee for Live Plants and Floriculture Products has not delivered an opinion within the time limit set by its chairman,
1. The indicative ceilings provided for in Article 251 (1)
of the Act of Accession are set out in the Annex for the
period 1 March to 31 December 1986.
(4) OJ N° L 338, 13. 12. 1980, p. 1.
(5) OJ N° L 58, 1. 3. 1986, p. 4.
(6) OJ N° L 55, 1. 3. 1968, p. 1.
2. For the purposes of the application of the indicative ceilings, the marketing year shall correspond to the calendar year.
For roses and carnations falling within subheading 06.03 A the target ceilings are subdivided as indicated in the Annex.
1. By way of derogation from Article 6 (2) of Regulation (EEC) N° 574/86, STM licences shall be issued in accordance with the provisions of Article 19 (1) of Regulation (EEC) N° 3183/80.
2. In the case of products for which there is a particular need to monitor the issue of STM licences in order to determine the likelihood of the indicative ceilings being exceeded, the Commission may decide that the licences are to be issued in accordance with the provisions of Article 6 (2) (1) of Regulation (EEC) N° 574/86.
The period of validity of STM licences shall be limited to
30 days from the date of issue.
The amount of the security is hereby fixed at 1 ECU/100 kg for ornamental plants falling within heading 06.02 and
Asparagus plumosus falling within heading 06.04 and at 0,30 ECU/1 000 units for roses falling within heading 06.02 and also for roses and carnations falling within subheading 06.03 A of the Common Customs Tariff.
1. The Member States shall communicate to the Commission, by the first working day of each week, the following information concerning STM licences issued during the preceding week:
- the quantities,
- a description of the products in accordance with the nomenclature of the Common Customs Tariff.
2. Where the provisions of Article 6 (2) of Regulation (EEC) N° 574/86 are applied, the frequency of communications shall be determined in accordance with Article 6 (2) (2) of that Regulation.
The Portuguese Republic will notify the Commission annually, not later than 15 October, of the production and consumption forecasts in Portugal for the following year.
This Regulation shall enter into force on 1 March 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
32005D0778 | 2005/778/EC: Commission Decision of 28 October 2005 recognising in principle the completeness of the dossiers submitted for detailed examination in view of the possible inclusion of aminopyralid and fluopicolide in Annex I to Council Directive 91/414/EEC (notified under document number C(2004) 4535) (Text with EEA relevance)
| 9.11.2005 EN Official Journal of the European Union L 293/26
COMMISSION DECISION
of 28 October 2005
recognising in principle the completeness of the dossiers submitted for detailed examination in view of the possible inclusion of aminopyralid and fluopicolide in Annex I to Council Directive 91/414/EEC
(notified under document number C(2004) 4535)
(Text with EEA relevance)
(2005/778/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 on the market (1), and in particular Article 6(3) thereof,
Whereas:
(1) Directive 91/414/EEC provides for the development of a Community list of active substances authorised for incorporation in plant protection products.
(2) A dossier for the active substance aminopyralid was submitted by Dow AgroSciences Ltd. to the authorities of the United Kingdom on 22 April 2004 with an application to obtain its inclusion in Annex I to Directive 91/414/EEC. For fluopicolide a dossier was submitted by Bayer CropScience, France to the authorities of the United Kingdom on 7 May 2004 with an application to obtain its inclusion in Annex I to Directive 91/414/EEC.
(3) The authorities of the United Kingdom have indicated to the Commission that, on preliminary examination, the dossiers for the active substances concerned appear to satisfy the data and information requirements set out in Annex II to Directive 91/414/EEC. The dossiers submitted appear also to satisfy the data and information requirements set out in Annex III to Directive 91/414/EEC in respect of one plant protection product containing the active substance concerned. In accordance with Article 6(2) of Directive 91/414/EEC, the dossiers were subsequently forwarded by the respective applicants to the Commission and other Member States, and were referred to the Standing Committee on the Food Chain and Animal Health.
(4) By this Decision it should be formally confirmed at Community level that the dossiers are considered as satisfying in principle the data and information requirements provided for in Annex II and, for at least one plant protection product containing the active substance concerned, the requirements set out in Annex III to Directive 91/414/EEC.
(5) This Decision should not prejudice the right of the Commission to request the applicant to submit further data or information in order to clarify certain points in the dossier.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Without prejudice to Article 6(4) of Directive 91/414/EEC, the dossiers concerning the active substances identified in the Annex to this Decision, which were submitted to the Commission and the Member States with a view to obtaining the inclusion of those substances in Annex I to that Directive, satisfy in principle the data and information requirements set out in Annex II to that Directive.
The dossiers also satisfy the data and information requirements set out in Annex III to that Directive in respect of one plant protection product containing the active substance, taking into account the uses proposed.
The rapporteur Member States shall pursue the detailed examination for the dossiers concerned and shall report the conclusions of their examinations accompanied by any recommendations on the inclusion or non-inclusion of the active substance concerned in Annex I of Directive 91/414/EEC and any conditions related thereto to the European Commission as soon as possible and at the latest within a period of one year from the date of publication of this Decision in the Official Journal of the European Union.
This Decision is addressed to the Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31997D0561 | 97/561/EC: Council Decision of 3 March 1997 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Malta amending the Memorandum of Understanding between the European Economic Community and the Republic of Malta regarding textile trade to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union
| COUNCIL DECISION of 3 March 1997 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Malta amending the Memorandum of Understanding between the European Economic Community and the Republic of Malta regarding textile trade to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union (97/561/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2), first sentence, thereof,
Having regard to the proposal from the Commission,
Whereas the Commission has negotiated on behalf of the European Community an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Malta amending the Memorandum of Understanding between the European Economic Community and the Republic of Malta regarding textile trade to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, as provided for in Articles 75, 100 and 127 of the Act of Accession;
Whereas, pursuant to Council Decision of 20 February 1995, pending the completion of procedures required for its conclusion, the Agreement in the form of an Exchange of Letters has been applied on a provisional basis from 1 January 1995;
Whereas the Agreement in the form of an Exchange of Letters should be approved,
The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Malta amending the Memorandum of Understanding between the European Economic Community and the Republic of Malta regarding textile trade to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union shall be approved on behalf of the Community.
The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters.
The President of the Council shall, on behalf of the Community, give the notification referred to in paragraph 3 of the Agreement in the form of an Exchange of Letters. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32010D0375 | 2010/375/: Commission Decision of 18 June 2010 on the allocation of quantities of controlled substances other than hydrochlorofluorocarbons allowed for essential or critical laboratory and analytical uses in the Union in 2010 under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer (notified under document C(2010) 3850)
| 6.7.2010 EN Official Journal of the European Union L 170/35
COMMISSION DECISION
of 18 June 2010
on the allocation of quantities of controlled substances other than hydrochlorofluorocarbons allowed for essential or critical laboratory and analytical uses in the Union in 2010 under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer
(notified under document C(2010) 3850)
(Only the Dutch, English, Estonian, French, German, Italian and Spanish texts are authentic)
(2010/375/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (1), and in particular Article 10(2) thereof,
Whereas:
(1) The Union has already phased out the production and consumption of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, hydrobromofluorocarbons and bromochloromethane for most uses. The Commission is required to determine essential laboratory and analytical uses for these controlled substances, the quantities that may be used and the companies that may use them.
(2) Decision XIX/18 of the Parties to the Montreal Protocol authorises the production and consumption necessary to satisfy essential laboratory and analytical uses of controlled substances listed in Annexes A, B and C (Group II and III substances) of the Montreal Protocol as listed in Annex IV to the report of the Seventh Meeting of the Parties, subject to the conditions set out in Annex II to the report of the Sixth Meeting of the Parties, as well as Decisions VI/9, VII/11, XI/15 XV/5, XVI/16 and XXI/16 of the Parties to the Montreal Protocol.
(3) Decision XVII/10 of the Parties to the Montreal Protocol authorises the production and consumption of methyl bromide, listed in Annex E of the Montreal Protocol, necessary to satisfy laboratory and analytical critical uses of methyl bromide.
(4) Under the Montreal Protocol global laboratory and analytical-use exemption is subject to periodic review and has last been extended by Decision XXI/6 until 31 December 2014.
(5) Decision VI/25 specifies that a use can only be considered as essential if there are no available technically and economically feasible alternatives or substitutes that are acceptable from the standpoint of environment and health. An Annex listing those uses for which the Parties of the Montreal Protocol consider alternatives to be available should be established. This Annex should also contain the positive list of permitted essential uses of methyl bromide, as agreed by the Parties in Decision XVIII/15.
(6) The Commission has published a notice to undertakings intending to import or export controlled substances that deplete the ozone layer to or from the European Union in 2010 and undertakings intending to request for 2010 a quota for these substances intended for laboratory and analytical uses (2) and has received declarations on intended essential laboratory and analytical uses of controlled substances for 2009.
(7) The measures provided for in this Decision are in accordance with the opinion of the Management Committee established by Article 25(1) of Regulation (EC) No 1005/2009,
The production and import of controlled substances other than hydrochlorofluorocarbons may be permitted for any essential laboratory and analytical use specified in Annex I.
The quantity of controlled substances other than hydrochlorofluorocarbons subject to Regulation (EC) No 1005/2009 which may be produced or imported for essential laboratory and analytical uses in the Union in 2010 shall be 63 843,371 ODP kilograms.
The allocation of essential laboratory and analytical use quotas for controlled substances other than hydrochlorofluorocarbons for the year 2010 shall be to the undertakings indicated in Annex II. The maximum quantities that may be produced or imported in 2010 for laboratory and analytical uses allocated to these undertakings shall be set out in Annex III.
This Decision shall apply from 1 January 2010 and shall expire on 31 December 2010.
This Decision is addressed to the following undertakings:
Acros Organics BVBA
Janssen Pharmaceuticalaan 3a
2440 Geel
BELGIUM
Estonian Environmental Research Centre
Marja 4D
10617 Tallinn
ESTONIA
Honeywell Specialty Chemicals GmbH
Wunstorfer Strasse 40
Postfach 100262
30918 Seelze
GERMANY
LGC Standards GmbH
Mercatorstr. 51
46485 Wesel
GERMANY
Ministry of Defence
Defence Fuel Lubricants and Chemicals
PO Box 10.000
1780 CA Den Helder
NETHERLANDS
Sicor SPA
Via Terazzano 77
20017 Rho (MI)
ITALY
Sigma Aldrich Company Ltd
The Old Brickyard, New Road
Gillingham SP8 4XT
UNITED KINGDOM
Sigma Aldrich Logistik GmbH
Riedstrasse 2
89555 Steinheim
GERMANY
VWR International SAS
201 rue Carnot
94126 Fontenay-sous-Bois
FRANCE
Airbus SAS
Route de Bayonne 316
31300 Toulouse
FRANCE
Harp International Ltd
Gellihirion Industrial Estate, Rhondda, Cynon Taff,
Pontypridd CF37 5SX
UNITED KINGDOM
Ineos Fluor Ltd
PO Box 13, The Heath
Runcorn Cheshire WA7 4QF
UNITED KINGDOM
Merck KGaA
Frankfurter Strasse 250
64271 Darmstadt
GERMANY
Panreac Quimica SA
Pol. Ind. Pla de la Bruguera, C/Garraf 2
08211 Castellar del Vallès-Barcelona
SPAIN
Sigma Aldrich Chimie SARL
80, rue de Luzais
L’Isle d’Abeau Chesnes
38297 St Quentin Fallavier
FRANCE
Sigma Aldrich Laborchemikalien GmbH
Wunstorfer Strasse 40
Postfach 100262
30918 Seelze
GERMANY
Tazzetti Fluids SRL
Corso Europa n. 600/a
Volpiano (TO)
ITALY | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32000D0274 | 2000/274/EC: Commission Decision of 27 March 2000 approving the programme of new olive-tree planting in Greece (notified under document number C(2000) 825) (Only the Greek text is authentic)
| Commission Decision
of 27 March 2000
approving the programme of new olive-tree planting in Greece
(notified under document number C(2000) 825)
(Only the Greek text is authentic)
(2000/274/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1638/98 of 20 July 1998 amending Regulation No 136/66/EEC on the establishment of a common organisation of the market in oils and fats(1), and in particular Article 4 thereof,
Having regard to Commission Regulation (EC) No 2366/98 of 30 October 1998 laying down detailed rules for the application of the system of production aid for olive oil for the 1998/1999, 1999/2000 and 2000/2001 marketing years(2), as amended by Regulation (EC) No 1273/1999(3), and in particular Article 4(1) thereof,
Whereas:
(1) Article 4 of Regulation (EC) No 1638/98 provides that no aid under the common organisation of the market in oils and fats in force from 1 November 2001 may be paid to olive growers in respect of additional olive trees and the relevant areas planted after 1 May 1998 and those not covered by a cultivation declaration at a date to be determined. However, pursuant to the same Article, additional olive trees planted in connection with the conversion of old olive plantations and new plantings on areas covered by programmes approved by the Commission may be taken into account within certain limits to be determined.
(2) Article 4 of Regulation (EC) No 1638/98 provides for a programme to be approved by the Commission covering 3500 ha in Greece.
(3) The Greek national programme of new plantings forwarded on 24 January 2000 by the Greek authorities to the Commission for approval contains the information specified in Article 4(3) of Regulation (EC) No 2366/98. The programme covers the whole area provided for in Article 4 of Regulation (EC) No 1638/98.
(4) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Oils and Fats,
The Greek national programme for new planting of 3500 hectares of olive groves provided for in Article 4 of Regulation (EC) No 1638/98 is hereby approved.
This Decision is addressed to the Hellenic Republic. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31982L0893 | Council Directive 82/893/EEC of 21 December 1982 amending Directives 64/432/EEC and 72/461/EEC as regards certain measures relating to foot-and-mouth disease and swine vesicular disease
| COUNCIL DIRECTIVE of 21 December 1982 amending Directives 64/432/EEC and 72/461/EEC as regards certain measures relating to foot-and-mouth disease and swine vesicular disease (82/893/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas Directive 64/432/EEC (3), as last amended by Directive 82/61/EEC (4), lays down the conditions to be met, as regards health, by live cattle and pigs intended for intra-Community trade;
Whereas, in view of the development of foot-and-mouth disease and swine vesicular disease in the Community, the Community measures provided for in Articles 4a and 4b of Directive 64/432/EEC should be retained for an additional period ; whereas, in addition, if foot-and-mouth disease occurs accidentally in a limited part of the territory of a Member State, the right to apply the provisions in question must be retained if the disease is eliminated;
Whereas Directive 72/461/EEC (5), as last amended by Directive 81/476/EEC (6), lays down the conditions to be met, as regards health, by animals whose meat is intended for intra-Community trade;
Whereas, having regard to the trend of foot-and-mouth disease in the Community, the Community measures provided for by Article 13 of Directive 72/461/EEC should be retained,
Directive 64/432/EEC is hereby amended as follows: 1. in the first subparagraph of Article 4a, the date"31 December 1982" shall be replaced by"31 December 1983";
2. in Article 4b: (a) in the first and second subparagraphs,"31 December 1982", shall be replaced by"31 December 1983";
(b) the following paragraph shall be added:
"This Article shall continue to apply to: (i) the Member States defined in theintroductory part of the first paragraphwhere foot-and-mouth disease hasoccurred in a limited part of their territoryand has been eliminated,
(ii) the Member States defined in points Aand B of the first paragraph wherefoot-and-mouth disease has occurred ina limited part of their territory and hasbeen eliminated."
In Article 13 of Directive 72/461/EEC, the date "31 December 1982" shall be replaced by "31 December 1983".
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1983.
This Directive is addressed to the Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31989R2953 | Commission Regulation (EEC) No 2953/89 of 29 September 1989 derogating from Regulation (EEC) No 1700/84 laying down special detailed rules for the application of the system of certificates of advance fixing of refunds in the pigmeat sector
| COMMISSION REGULATION (EEC) No 2953/89
of 29 September 1989
derogating from Regulation (EEC) No 1700/84 laying down special detailed rules for the application of the system of certificates of advance fixing of refunds in the pigmeat sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic 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 the special detailed rules for the application of the system of certificates of advance fixing of refunds in the pigmeat sector were laid down in Commission Regulation (EEC) No 1700/84 (3), as last amended by Regulation (EEC) No 2440/89 (4);
Whereas Regulation (EEC) No 1700/84 fixes, in Article 1 (2), the validity of the certificates for advance fixing, at a period ending the third month following the month of issue;
Whereas the situation of the market, both within the Community and on the world market, evolves at present in a rapid way; whereas, in order to avoid fixation in advance of refunds not reflecting the evolution of the market on short terms, the validity period of the certificates for advance fixing should be reduced temporarily to a period ending at the end of the second month following the month of issue; whereas, however, the duration of validity of certificates already issued needs to be maintained unchanged;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
By way of derogation from Article 1 (2) of Regulation (EEC) No 1700/84, certificates of advance fixing of refunds shall be valid, for the period from 1 October 1989 to 30 June 1990, from their date of issue, within the meaning of Article 21 (1) of Commission Regulation (EEC) No 3719/88 (5), until the end of the second month following the month of issue.
This Regulation shall enter into force on 1 October 1989.
It shall apply to certificates of advance fixing issued as from this date.
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 |
32011D0447 | 2011/447/EU: Commission Implementing Decision of 20 July 2011 correcting Decision 2010/152/EU excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (notified under document C(2011) 5139)
| 22.7.2011 EN Official Journal of the European Union L 191/25
COMMISSION IMPLEMENTING DECISION
of 20 July 2011
correcting Decision 2010/152/EU excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD)
(notified under document C(2011) 5139)
(Only the Polish text is authentic)
(2011/447/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (1), and in particular Article 7(4) thereof,
Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (2), and in particular Article 31 thereof,
Having consulted the Committee on the Agricultural Funds,
Whereas:
(1) By Decision 2010/152/EU (3) the Commission excluded from European Union financing a total amount of PLN 279 794 442,15 and EUR 25 583 996,81 including in particular PLN 180 448 032,62 incurred by Poland for area-related rural development measures in the 2000-2006 programming period. However, the Annex to that Decision erroneously identified that amount to be charged to budget item 6701‘Clearance of EAGF accounts — assigned revenue’. Rather, as that correction concerned the expenditures under the Temporary Rural Development Instrument (TRDI), it should have been charged to budget item 6500‘Financial corrections in connection with the Structural Funds and Cohesion Fund and the European Fisheries Fund’.
(2) Pursuant to Article 11(4) of Commission Regulation (EC) No 885/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the accreditation of paying agencies and other bodies and the clearance of the accounts of the EAGF and of the EAFRD (4), sums excluded from Union financing are deducted from the monthly payments relating to the expenditure effected in the second month following the Decision with respect to the EAGF. Therefore, the amount of PLN 180 448 032,62 was converted into euro applying the exchange rate of 29 April 2010, amounting to EUR 46 087 919,86.
(3) Pursuant to Article 5 of Commission Regulation (EC) No 27/2004 of 5 January 2004 laying down transitional detailed rules for the application of Council Regulation (EC) No 1257/1999 as regards the financing by the EAGGF Guarantee Section of rural development measures in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (5), Commission decisions concerning rural development in Poland are to be expressed in euro. The corrections concerning TRDI which are expressed in the national currencies in the decisions should therefore be converted into euro. The conversion is made using the average exchange rate of the financial year of TRDI expenditure subject to correction. Following this methodology the amount of PLN 180 448 032,62 being a correction for TRDI expenses in the financial years 2005, 2006 and 2007 amounts to EUR 46 430 682,69.
(4) Decision 2010/152/EU should therefore be corrected accordingly,
All entries in the Annex to Decision 2010/152/EU concerning Poland shall be replaced by those set out in the Annex to this Decision.
For bookkeeping reasons, Poland shall declare the amount of EUR 46 087 919,86 for reimbursement on budget item 6701‘Clearance of EAGF accounts — assigned revenue’.
A recovery order with the amount of EUR 46 430 682,69 shall be issued by the Commission in order to execute the financial corrections concerning TRDI from budget item 6500‘Financial corrections in connection with the Structural Funds and Cohesion Fund and the European Fisheries Fund’.
This Decision is addressed to the Republic of Poland. | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31996D0253 | 96/253/Euratom: Council Decision of 4 March 1996 adapting Decision 94/268/Euratom concerning a framework programme of Community activities in the field of research and training for the European Atomic Energy Community (1994 to 1998), following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union
| COUNCIL DECISION of 4 March 1996 adapting Decision 94/268/Euratom concerning a framework programme of Community activities in the field of research and training for the European Atomic Energy Community (1994 to 1998), following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union (96/253/Euratom)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 7 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, by Decision 94/268/Euratom (4), the Council adopted a framework programme of Community activities in the field of research and training for the European Atomic Energy Community for 1994 to 1998; whereas Article 1 (3) of that Decision states that the amount deemed necessary for Community financial participation in the framework programme shall be ECU 1 254 million, and that, of this, ECU 617 million shall be the indicative amount for the period 1994 to 1996 and ECU 637 million shall be the indicative amount for the period 1997 to 1998;
Whereas Article 4 (1) of the Decision states that the framework programme shall be adapted or supplemented as the situation changes; whereas the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union makes financial adjustment necessary because of the resulting increase in both Community resources devoted to and expenditure on research and development;
Whereas, under the scientific and technical cooperation agreements signed with the Kingdom of Sweden, that State was already participating in some Community research activities relating to controlled thermonuclear fusion and radiation protection in return for a financial contribution classed as 'additional appropriations` for expenditure in respect of research activities;
Whereas this Decision is limited to the adjustment of the financial amounts made necessary by the accession of Austria, Finland and Sweden and does not modify the technical and scientific objectives, priorities, activities in the various areas, selection criteria and other provisions specified in the framework programme;
Whereas, as a result, the framework programme amount deemed necessary should be increased and the additional funds allocated in a linear fashion between the activities of the framework programme; whereas the principle of linearity should also apply in the implementation of all activities of the framework programme in accordance with Article 2 of the framework programme;
Whereas Decision No 1110/94/EC of the European Parliament and of the Council of 26 April 1994 concerning the fourth framework programme of the European Community activities in the field of research and technological development and demonstration (1994 to 1998) (5) and Decision 94/268/Euratom were adopted simultaneously and for the same period; whereas the same should apply to the Decisions adapting the two framework programmes,
Decision 94/268/Euratom is hereby amended as follows:
1. in Article 1 (3):
'1 254` shall be replaced by '1 336`,
'617` shall be replaced by '769`,
'637` shall be replaced by '567`, and
'1 359` shall be replaced by '1 441`;
2. Annex I shall be replaced by the text appearing in the Annex to this Decision. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32009D0800 | 2009/800/EC: Commission Decision of 30 October 2009 amending Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC (notified under document C(2009) 8347) (Text with EEA relevance)
| 31.10.2009 EN Official Journal of the European Union L 285/43
COMMISSION DECISION
of 30 October 2009
amending Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC
(notified under document C(2009) 8347)
(Text with EEA relevance)
(2009/800/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (1), and in particular the fourth subparagraph of Article 29(1) thereof,
Whereas:
(1) Directive 96/23/EC lays down measures to monitor the substances and groups of residues listed in Annex I thereto. Pursuant to Directive 96/23/EC, the inclusion and retention on the lists of third countries from which Member States are authorised to import animals and primary products of animal origin covered by that Directive, are subject to the submission by the third countries concerned of a plan setting out the guarantees which they offer as regards the monitoring of the groups of residues and substances listed in that Annex. Those plans are to be updated at the request of the Commission, particularly when certain checks render it necessary.
(2) Commission Decision 2004/432/EC of 29 April 2004 on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC (2) approves the residue monitoring plans submitted by certain third countries listed in the Annex to that Decision for the animals and primary animal products indicated in that list.
(3) Belize, Cameroon and French Polynesia have submitted residue monitoring plans to the Commission for honey. The evaluation of those plans and the additional information obtained by the Commission provide sufficient guarantees, on the residue monitoring plans submitted by those third countries in respect of honey. That product should therefore be included in the entry for each of those third countries in the list in the Annex to Decision 2004/432/EC.
(4) Montenegro is currently listed in the Annex to Decision 2004/432/EC for bovine, ovine/caprine, swine, equine and honey. That listing is provisional, pending further information on residues.
(5) Montenegro has submitted an updated residue monitoring plan to the Commission for bovine, ovine/caprine, swine, poultry, aquaculture products, eggs and honey. The evaluation of that plan and the additional information obtained by the Commission provide sufficient guarantees on the residue monitoring plan in respect of bovine, ovine/caprine, swine and honey. Those products should therefore remain listed in the entry for Montenegro in the list in the Annex to Decision 2004/432/EC, and the indication on the provisional nature of that entry should be deleted.
(6) In addition, the evaluation of that plan and the additional information obtained by the Commission provide sufficient guarantees on the residue monitoring plan in respect of poultry, aquaculture animals and eggs. Those products should therefore be included in the entry for Montenegro in the list in the Annex to Decision 2004/432/EC.
(7) Equine are not covered by the updated residue monitoring plan submitted to the Commission by Montenegro. Equine should therefore be deleted from the entry for that third country in the list in the Annex to Decision 2004/432/EC.
(8) Seychelles is currently listed in the Annex to Decision 2004/432/EC for aquaculture products but has not submitted a residue monitoring plan to the Commission for 2009. The entry for Seychelles for aquaculture products should therefore be deleted from the Annex to that Decision.
(9) For the sake of clarity and consistency of Community legislation, certain minor amendments should be made to the footnotes in the Annex to Decision 2004/432/EC.
(10) In order to avoid any disruption to trade a transitional period should be laid down to cover consignments of some animals and products of animal origin originating in Montenegro and Seychelles which were dispatched from those third countries for the Community before the date of application of this Decision.
(11) Decision 2004/432/EC should therefore be amended accordingly.
(12) 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 Annex to Decision 2004/432/EC is replaced by the text in the Annex to this Decision.
This Decision shall apply from 1 November 2009.
The amendments to the list in the Annex to Decision 2004/432/EC by the present Decision shall not apply to consignments of equine and equine products from Montenegro and aquaculture from Seychelles where the importer of such animals and products can demonstrate that they had been dispatched respectively from Montenegro and Seychelles and were en route to the Community before the date of application of the present Decision.
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 |
32004D1216(01) | Council Decision appointing the members of the Scientific and Technical Committee
| 16.12.2004 EN Official Journal of the European Union C 311/3
Council Decision appointing the members of the Scientific and Technical Committee
(2004/C 311/02)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 134 thereof,
Having regard to the opinion of the Commission,
Whereas:
(1)(2) By its Decision of 22 December 2003 (1), the Council appointed the members of the Scientific and Technical Committee for the period 1 April 2003 to 31 March 2008. However, by virtue of Article 50 of the Act concerning the conditions of accession (2), their terms of office expired on 1 May 2004 and new members should be appointed.In order to allow the Scientific and Technical Committee to make full use of the wide range of expertise required in fulfilling its tasks, the Committee may, subject to its internal rules, call on alternates to the members to participate in its meetings,
The following are hereby appointed members of the Scientific and Technical Committee for the period 1 May 2004 to 30 April 2009:
Bertrand BARRE
Janis BERZINS
Sten BJURSTRÖM
Michel BOURGUIGNON
Udo BROCKMEIER
Leonidas CAMARINOPOULOS
Michel CHATELIER
Pavel CHRÁSKA
Maurizio CUMO
Allan DUNCAN
Manfred HEINDLER
Sue ION
Michael KAUFMANN
Jørgen KJEMS
Zdeněk KŘÍŽ
Peter LIŠKA
Carlo LOMBARDI
José Maria MARTÍNEZ-VAL PEÑALOSA
Júlio Martins MONTALVÃO E SILVA
Jerzy Wiktor NIEWODNICZAŃSKI
Tom O'FLAHERTY
Derek POOLEY
Enn REALO
Francesco ROMANELLI
Juan Antonio RUBIO RODRIGUEZ
Rainer SALOMAA
Jean-Paul SAMAIN
Edouard SINNER
Borut SMODIŠ
Michael SAILER
Zoltán SZATMÁRY
Eugenijus USPURAS
Theofiel VAN RENTERGEM
Carlos VARANDAS
Adrianus H. M.VERKOOIJEN
Andreas M.VERSTEEGH
Sándor ZOLETNIK | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31981D0093 | 81/93/EEC: Commission Decision of 30 January 1981 establishing that the apparatus described as 'PAR - vibrating sample magnetometer, model 155' may not be imported free of Common Customs Tariff duties
| Commission Decision
of 30 January 1981
establishing that the apparatus described as "PAR — vibrating sample magnetometer, model 155" may not be imported free of Common Customs Tariff duties
(81/93/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials [1], as amended by Regulation (EEC) No 1027/79 [2],
Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 [3], and in particular Article 7 thereof,
Whereas, by letter dated 17 July 1980, the Government of the Federal Republic of Germany has requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as "PAR — vibrating sample magnetometer, model 155", to be used for research investigating the magnetic properties of solids as a function of temperature and magnetic field, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Community;
Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 8 January 1981, within the framework of the Committee on Duty-Free Arrangements, to examine the matter;
Whereas this examination showed that the apparatus in question is a magnetometer; whereas its objective technical characteristics, such as the high precision and the measuring range, and the use to which it is put make it specially suited to scientific research;
Whereas, moreover, apparatus of the same kind are principally used for scientific activities; whereas it must therefore be considered to be a scientific apparatus ;
Whereas, however, on the basis of information received from Member States, apparatus of scientific value equivalent to the said apparatus, capable of being used for the same purposes, are currently being manufactured in the Community; whereas this applies, in particular, to the apparatus "magnetic susceptibility system, comprising of a PAR balance" manufactured by Oxford Instruments Co. Ltd, Osney Maid, UK-Oxford OX2 ODX,
The apparatus described as "PAR-vibrating sample magnetometer, model 155", which is the subject of an application by the Government of the Federal Republic of Germany of 17 July 1980, may not be imported free of Common Customs Tariff duties.
This Decision is addressed to the Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
32006D0687 | 2006/687/EC: Commission Decision of 12 October 2006 on programmes which qualify for a Community financial contribution in 2007 for the eradication and monitoring of certain animal diseases, for the prevention of zoonoses, for the monitoring of TSEs as well as programmes for the eradication of BSE and scrapie (notified under document number C(2006) 4784)
| 13.10.2006 EN Official Journal of the European Union L 282/52
COMMISSION DECISION
of 12 October 2006
on programmes which qualify for a Community financial contribution in 2007 for the eradication and monitoring of certain animal diseases, for the prevention of zoonoses, for the monitoring of TSEs as well as programmes for the eradication of BSE and scrapie
(notified under document number C(2006) 4784)
(2006/687/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 24(5) and Article 32 thereof,
Whereas:
(1) Certain Member States have submitted programmes to the Commission for which they wish to receive a Community financial contribution. Those programmes concern the eradication and control of certain animal diseases, programmes of checks aimed at the prevention of zoonoses, programmes for the control of certain transmissible spongiform encephalopathies (TSEs) and also programmes for the eradication of bovine spongiform encephalopathies (BSE) and scrapie.
(2) In accordance with Article 3(2)(a) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (2), animal disease eradication and control programmes (veterinary measures) are to be financed from the European Agricultural Guarantee Fund. For financial control purposes, Articles 9, 36 and 37 of that Regulation are to apply.
(3) Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (3), lays down rules for monitoring and eradication of TSEs in bovine, ovine and caprine animals.
(4) In drawing up the lists of programmes for the eradication and monitoring of animal diseases, the list of programmes of checks aimed at the prevention of zoonoses and the list of programmes for the eradication and the monitoring of certain TSEs qualifying for a financial contribution from the Community for 2007, and the proposed rate and maximum amount of the contribution for each programme, the interest of each measure in the programmes for the Community, its compliance with the technical provisions of relevant Community veterinary legislation and the volume of available appropriations must be taken into account.
(5) The Member States have supplied the Commission with information enabling it to assess the interest for the Community of providing a financial contribution to the programmes for 2007.
(6) The Commission has considered each of the programmes submitted from both the veterinary and the financial point of view and is satisfied that those programmes should be included in the lists of programmes qualifying for a financial contribution from the Community in 2007.
(7) In view of the importance of those programmes for the protection of public and animal health, as well as the obligatory application in all Member States in the case of the TSE programmes, the most appropriate level of financial assistance from the Community should be ensured.
(8) It is therefore appropriate to adopt the list of programmes qualifying for a financial contribution from the Community in 2007 and to set the proposed rates and the maximum amount of those contributions.
(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,
1. The programmes for the eradication and monitoring of the animal diseases listed in Annex I shall qualify for a financial contribution from the Community in 2007.
2. For each programme as referred to in paragraph 1, the proposed rate and maximum amount of the financial contribution from the Community shall be as set out in Annex I.
1. The programmes of checks aimed at the prevention of zoonoses listed in Annex II shall qualify for a financial contribution from the Community in 2007.
2. For each programme as referred to in paragraph 1, the proposed rate and maximum amount of the financial contribution from the Community shall be as set out in Annex II.
1. The programmes for the monitoring of TSE (BSE and scrapie) listed in Annex III shall qualify for a financial contribution from the Community in 2007.
2. For each programme as referred to in paragraph 1, the proposed rate and maximum amount of the financial contribution from the Community shall be as set out in Annex III.
1. The programmes for the eradication of BSE listed in Annex IV shall qualify for a financial contribution from the Community in 2007.
2. For each programme as referred to in paragraph 1, the proposed rate and maximum amount of the financial contribution from the Community shall be as set out in Annex IV.
1. The programmes for the eradication of scrapie listed in Annex V shall qualify for a financial contribution from the Community in 2007.
2. For each programme as referred to in paragraph 1, the proposed rate and maximum amount of the financial contribution from the Community shall be as set out in Annex V.
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 |
32003R0730 | Commission Regulation (EC) No 730/2003 of 25 April 2003 fixing the maximum export refund on wholly milled long grain B rice to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 1898/2002
| Commission Regulation (EC) No 730/2003
of 25 April 2003
fixing the maximum export refund on wholly milled long grain B rice to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 1898/2002
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Commission Regulation (EC) No 411/2002(2), and in particular Article 13(3) thereof,
Whereas:
(1) An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 1898/2002(3).
(2) Article 5 of Commission Regulation (EEC) No 584/75(4), as last amended by Regulation (EC) No 1948/2002(5), allows the Commission to fix, in accordance with the procedure laid down in Article 22 of Regulation (EC) No 3072/95 and on the basis of the tenders submitted, a maximum export refund. In fixing this maximum, the criteria provided for in Article 13 of Regulation (EC) No 3072/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum export refund.
(3) The application of the abovementioned criteria to the current market situation for the rice in question results in the maximum export refund being fixed at the amount specified in Article 1.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
The maximum export refund on wholly milled long grain B rice to be exported to certain third countries pursuant to the invitation to tender issued in Regulation (EC) No 1898/2002 is hereby fixed on the basis of the tenders submitted from 21 to 24 April 2003 at 295,00 EUR/t.
This Regulation shall enter into force on 26 April 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32009R1203 | Commission Regulation (EU) No 1203/2009 of 9 December 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
| 10.12.2009 EN Official Journal of the European Union L 323/62
COMMISSION REGULATION (EU) No 1203/2009
of 9 December 2009
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
This Regulation shall enter into force on 10 December 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 |
32012D0412 | 2012/412/EU: Commission Implementing Decision of 19 July 2012 amending the list of ‘basic local government units’ in the Annex to Council Directive 94/80/EC laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals
| 20.7.2012 EN Official Journal of the European Union L 192/29
COMMISSION IMPLEMENTING DECISION
of 19 July 2012
amending the list of ‘basic local government units’ in the Annex to Council Directive 94/80/EC laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals
(2012/412/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 22(1) thereof,
Having regard to Council Directive 94/80/EC of 19 December 1994 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals (1), and in particular Article 2(2) thereof,
Whereas:
(1) Directive 94/80/EC lists in its Annex the ‘basic local government units’ which determine the scope of the Directive.
(2) According to Article 2(2) of Directive 94/80/EC, a Member State shall notify the Commission if any local government unit referred to in the Annex to that Directive is, by virtue of a change in its domestic law, replaced by another unit or if, by virtue of such a change, any such unit is abolished or further such units are created. Consequently, the Commission shall adapt that Annex by making appropriate substitutions, deletions or additions and that Annex so revised shall be published in the Official Journal of the European Union.
(3) Denmark, Ireland, Greece, Latvia and Lithuania have informed the Commission that, following changes in their domestic legislation, the ‘basic local government units’ concerning them have been modified. These laws have been formally notified to the Commission.
(4) The Annex to Directive 94/80/EC should be amended accordingly,
The Annex to Directive 94/80/EC is amended in accordance with the Annex to this Decision.
This Decision shall enter into force on the first day following that of its publication in the Official Journal of the European Union. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31991R0529 | Commission Regulation (EEC) No 529/91 of 4 March 1991 amending Regulation (EEC) No 3587/86 fixing the conversion factors to be applied to the buying-in prices for fruit and vegetables
| COMMISSION REGULATION (EEC) No 529/91 of 4 March 1991 amending Regulation (EEC) No 3587/86 fixing the conversion factors to be applied to the buying-in prices for fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EEC) No 3920/90 (2), and in particular Article 16 (4) thereof,
Whereas Commission Regulation (EEC) No 3587/86 (3), as last amended by Regulation (EEC) No 3545/90 (4), fixes the conversion factors permitting the calculation of the prices at which products with commercial characteristics differing from those of products used for the fixing of the basic and buying-in prices are bought in;
Whereas the prices of apples of the 'Bravo de esmolfe', 'Casa nova de Alcobaça' and 'Riscadinha' varieties and of pears of the 'Rocha' and 'Carapinheira' varieties recorded on the representative Community markets in recent years require a change to be made to the conversion factors applied in respect of such varieties upon the entry into force of the second stage of Portuguese accession;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
Regulation (EEC) No 3587/86 is hereby amended as follows:
- in Annex VIII 'Pears', 'Rocha' and 'Carapinheira' are added to the first indent of point (a),
- in Annex X 'Apples', 'Bravo de esmolfe', 'Casa nova de Alcobaça', and 'Riscadinha' are added to the first indent of point (a).
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 |
31995D0206 | 95/205/CFSP: 95/206/CFSP: Decision of 6 June 1995 on the implementation of the Common Position of 24 March 1995 defined by the Council on the basis of Article J.2 of the Treaty on European Union, with regard to Burundi
| COUNCIL DECISION
of 6 June 1995
on the implementation of the common position of 24 March 1995 defined by the Council on the basis of Article J.2 of the Treaty on European Union, with regard to Burundi
(95/206/CFSP)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on European Union, and in particular Article J.11 (2) thereof,
Having regard to the common position of 24 March 1995 defined by the Council on the basis of Article J.2 of the Treaty on European Union, with regard to Burundi (1),
1. For the purposes of the implementation of the common position of 24 March 1995 defined by the Council on the basis of Article J.2 of the Treaty on European Union, with regard to Burundi, and in particular point 4.5 thereof which states that the Union is prepared to support the action taken by the OAU, a contribution of ECU 1,5 million is hereby placed at the disposal of the OAU to finance the OAU's additional efforts towards the sending of observers to Burundi.
This amount shall be charged to the general budget of the European Communities.
2. Pursuant to point 4 of the common position of 24 March 1995, the Presidency and the Commission, acting within the scope of their respective responsibilities, shall define with the OAU the detailed arrangements for this contribution.
This Decision shall be published in the Official Journal. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32003R1822 | Commission Regulation (EC) No 1822/2003 of 16 October 2003 amending Regulation (EC) No 2760/98 concerning the implementation of a programme for cross-border cooperation in the framework of the Phare programme
| Commission Regulation (EC) No 1822/2003
of 16 October 2003
amending Regulation (EC) No 2760/98 concerning the implementation of a programme for cross-border cooperation in the framework of the Phare programme
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3906/89 of 18 December 1989 on economic aid to certain countries of central and eastern Europe(1), as last amended by Regulation (EC) No 807/2003(2), and in particular Article 8 thereof,
Whereas:
(1) The Copenhagen European Council of 12 and 13 December 2002 concluded the accession negotiation with Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia and set the accession date as 1 May 2004. Therefore those acceding countries should be removed from the list of borders eligible for the Phare cross-border cooperation programme.
(2) The Copenhagen European Council adopted roadmaps for Bulgaria and Romania to support the efforts of those two applicant countries to achieve their objective of joining the European Union in 2007.
(3) Commission Communication of 1 July 2003 on paving the way for a new Neighbourhood Instrument(3) proposes, for the period 2004 to 2006, the introduction of neighbourhood programmes covering the external borders of the enlarged Union. Consequently Romanian and Bulgarian borders with the neighbouring non-applicant countries should be included in the list of eligible borders.
(4) Commission Regulation (EC) No 2760/98(4), as amended by Regulation (EC) No 1596/2002(5), envisages the extension of the Phare cross-border cooperation programme to borders with other neighbouring countries benefiting from other Community assistance programmes; it is appropriate to extend the Phare cross-border cooperation programme to cover also the Bulgarian border with Turkey.
(5) Regulation (EC) No 2760/98 should, therefore, be amended accordingly.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Committee for Economic Restructuring in certain countries of central and eastern Europe,
Article 2(1) of Regulation (EC) No 2760/98 is replaced by the following:
"1. The eligible borders are those between
(a) Romania and Hungary, Romania and Bulgaria, Romania and Ukraine, Romania and Moldova, Romania and Serbia and Montenegro;
(b) Bulgaria and Greece, Bulgaria and Romania, Bulgaria and Turkey, Bulgaria and the former Yugoslav Republic of Macedonia, Bulgaria and Serbia and Montenegro."
This Regulation shall enter into force on 1 January 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 |
32012R0103 | Commission Implementing Regulation (EU) No 103/2012 of 7 February 2012 concerning the classification of certain goods in the Combined Nomenclature
| 9.2.2012 EN Official Journal of the European Union L 36/17
COMMISSION IMPLEMENTING REGULATION (EU) No 103/2012
of 7 February 2012
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
(1) In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.
(2) Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.
(3) Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.
(4) It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).
(5) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
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 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32006R0396 | Commission Regulation (EC) No 396/2006 of 7 March 2006 amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year
| 8.3.2006 EN Official Journal of the European Union L 66/3
COMMISSION REGULATION (EC) No 396/2006
of 7 March 2006
amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1),
Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses (2), and in particular the second sentence of the second subparagraph of Article 1(2), and Article 3(1) thereof,
Whereas:
(1) The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2005/2006 marketing year are fixed by Commission Regulation (EC) No 1011/2005 (3). These prices and duties were last amended by Commission Regulation (EC) No 359/2006 (4).
(2) The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 1423/95,
The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95, as fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year are hereby amended as set out in the Annex to this Regulation.
This Regulation shall enter into force on 8 March 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 |
31979L0007 | Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security
| 10.1.1979 EN Official Journal of the European Communities L 6/24
COUNCIL DIRECTIVE
of 19 December 1978
on the progressive implementation of the principle of equal treatment for men and women in matters of social security
(79/7/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Article 1 (2) of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (4) provides that, with a view to ensuring the progressive implementation of the principle of equal treatment in matters of social security, the Council, acting on a proposal from the Commission, will adopt provisions defining its substance, its scope and the arrangements for its application; whereas the Treaty does not confer the specific powers required for this purpose;
Whereas the principle of equal treatment in matters of social security should be implemented in the first place in the statutory schemes which provide protection against the risks of sickness, invalidity, old age, accidents at work, occupational diseases and unemployment, and in social assistance in so far as it is intended to supplement or replace the abovementioned schemes;
Whereas the implementation of the principle of equal treatment in matters of social security does not prejudice the provisions relating to the protection of women on the ground of maternity; whereas, in this respect, Member States may adopt specific provisions for women to remove existing instances of unequal treatment,
The purpose of this Directive is the progressive implementation, in the field of social security and other elements of social protection provided for in Article 3, of the principle of equal treatment for men and women in matters of social security, hereinafter referred to as ‘the principle of equal treatment’.
This Directive shall apply to the working population — including self-employed persons, workers and self-employed persons whose activity is interrupted by illness, accident or involuntary unemployment and persons seeking employment — and to retired or invalided workers and self-employed persons.
1. This Directive shall apply to:
(a) statutory schemes which provide protection against the following risks:
— sickness,
— invalidity,
— old age,
— accidents at work and occupational diseases,
— unemployment;
(b) social assistance, in so far as it is intended to supplement or replace the schemes referred to in (a).
2. This Directive shall not apply to the provisions concerning survivors' benefits nor to those concerning family benefits, except in the case of family benefits granted by way of increases of benefits due in respect of the risks referred to in paragraph 1 (a).
3. With a view to ensuring implementation of the principle of equal treatment in occupational schemes, the Council, acting on a proposal from the Commission, will adopt provisions defining its substance, its scope and the arrangements for its application.
1. The principle of equal treatment means that there shall be no discrimination whatsoever on ground of sex either directly, or indirectly by reference in particular to marital or family status, in particular as concerns:
— the scope of the schemes and the conditions of access thereto,
— the obligation to contribute and the calculation of contributions,
— the calculation of benefits including increases due in respect of a spouse and for dependants and the conditions governing the duration and retention of entitlement to benefits.
2. The principle of equal treatment shall be without prejudice to the provisions relating to the protection of women on the grounds of maternity.
Member States shall take the measures necessary to ensure that any laws, regulations and administrative provisions contrary to the principle of equal treatment are abolished.
Member States shall introduce into their national legal systems such measures as are necessary to enable all persons who consider themselves wronged by failure to apply the principle of equal treatment to pursue their claims by judicial process, possibly after recourse to other competent authorities.
1. This Directive shall be without prejudice to the right of Member States to exclude from its scope:
(a) the determination of pensionable age for the purposes of granting old-age and retirement pensions and the possible consequences thereof for other benefits;
(b) advantages in respect of old-age pension schemes granted to persons who have brought up children; the acquisition of benefit entitlements following periods of interruption of employment due to the bringing up of children;
(c) the granting of old-age or invalidity benefit entitlements by virtue of the derived entitlements of a wife;
(d) the granting of increases of long-term invalidity, old-age, accidents at work and occupational disease benefits for a dependent wife;
(e) the consequences of the exercise, before the adoption of this Directive, of a right of option not to acquire rights or incur obligations under a statutory scheme.
2. Member States shall periodically examine matters excluded under paragraph 1 in order to ascertain, in the light of social developments in the matter concerned, whether there is justification for maintaining the exclusions concerned.
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within six years of its notification. They shall immediately inform the Commission thereof.
2. Member States shall communicate to the Commission the text of laws, regulations and administrative provisions which they adopt in the field covered by this Directive, including measures adopted pursuant to Article 7 (2).
They shall inform the Commission of their reasons for maintaining any existing provisions on the matters referred to in Article 7 (1) and of the possibilities for reviewing them at a later date.
Within seven years of notification of this Directive, Member States shall forward all information necessary to the Commission to enable it to draw up a report on the application of this Directive for submission to the Council and to propose such further measures as may be required for the implementation of the principle of equal treatment.
0
This Directive is addressed to the Member States. | 0.3 | 0 | 0 | 0.1 | 0 | 0 | 0 | 0.3 | 0.1 | 0.2 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32013R0261 | Council Implementing Regulation (EU) No 261/2013 of 21 March 2013 implementing Article 11(1) and (4) of Regulation (EU) No 753/2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan
| 22.3.2013 EN Official Journal of the European Union L 82/18
COUNCIL IMPLEMENTING REGULATION (EU) No 261/2013
of 21 March 2013
implementing Article 11(1) and (4) of Regulation (EU) No 753/2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 753/2011 of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan (1), and in particular Article 11(1) and (4) thereof,
Whereas:
(1) On 1 August 2011, the Council adopted Regulation (EU) No 753/2011.
(2) On 11 February and 25 February 2013, the United Nations Security Council Committee, established pursuant to paragraph 30 of Security Council Resolution 1988 (2011), updated and amended the list of individuals, groups, undertakings and entities subject to restrictive measures.
(3) Annex I to Regulation (EU) No 753/2011 should be amended accordingly,
Annex I to Regulation (EU) No 753/2011 is hereby amended as set out 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 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32013D0770 | 2013/770/EU: Commission Implementing Decision of 17 December 2013 establishing the Consumers, Health and Food Executive Agency and repealing Decision 2004/858/EC
| 18.12.2013 EN Official Journal of the European Union L 341/69
COMMISSION IMPLEMENTING DECISION
of 17 December 2013
establishing the Consumers, Health and Food Executive Agency and repealing Decision 2004/858/EC
(2013/770/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (1), and in particular Article 3 thereof,
Whereas:
(1) Regulation (EC) No 58/2003 empowers the Commission to delegate powers to the executive agencies to implement all or part of a Union programme or project, on its behalf and under its responsibility.
(2) The purpose of entrusting the executive agencies with programme implementation tasks is to enable the Commission to focus on its core activities and functions which cannot be outsourced, without relinquishing control over, and ultimate responsibility for, activities managed by those executive agencies.
(3) The delegation of tasks related to programme implementation to an executive agency requires a clear separation between the programming stages involving a large measure of discretion in making choices driven by policy considerations, this being carried out by the Commission, and programme implementation, which should be entrusted to the executive agency.
(4) By Decision 2004/858/EC (2), the Commission created the Executive Agency for the Public Health Programme (hereinafter referred to as the Agency) and entrusted it with the management of the programme of Community action in the field of public health for the period from 1 January 2003 until 31 December 2008, adopted by Decision No 1786/2002/EC of the European Parliament and of the Council (3).
(5) Subsequently, the Commission amended the Agency’s mandate on several occasions, extending it to cover the management of new projects and programmes. Commission Decision 2008/544/EC (4) transformed the ‘Executive Agency for the Public Health Programme’ into the ‘Executive Agency for Health and Consumers’, extended its mandate until 31 December 2015 and included in it the implementation of the Public Health Programme 2008-2013 adopted by Decision No 1350/2007/EC of the European Parliament and of the Council (5), the Consumer Programme for 2007-2013 as adopted by Decision No 1926/2006/EC of the European Parliament and of the Council (6) and the food safety training measures covered by Council Directive 2000/29/EC (7) and Regulation (EC) No 882/2004 of the European Parliament and of the Council (8). Commission Implementing Decision 2012/740/EU (9) extended the scope of the Agency’s activities to training measures outside the Member States and entrusted it with managing the food safety training measures covered by Commission Decision C(2012) 1548 (10), and by Article 22(1) and (3) of Regulation (EC) No 1905/2006 of the European Parliament and of the Council (11). It also entrusted the Agency with managing the agreement with ANEC, the European consumer voice in standardisation, which is governed by Regulation (EU) No 1025/2012 of the European Parliament and of the Council (12).
(6) The Agency set up by Decision 2004/858/EC has demonstrated its effectiveness and efficiency. An interim evaluation of the Public Health Executive Agency (known as the Executive Agency for Health and Consumers since July 2008) has been carried out by external consultants. The final report of December 2010 has shown that public health programme implementation tasks could be performed more efficiently by the Agency, whilst ensuring the overall management by the Commission of those Community programmes and measures.
(7) In its Communication of 29 June 2011‘A budget for Europe 2020’ (13), the Commission proposed to use the option of more extensive recourse to existing executive agencies for the implementation of Union programmes in the next multiannual financial framework.
(8) The cost-benefit analysis (14) carried out in accordance with Article 3(1) of Regulation (EC) No 58/2003 has shown that entrusting the Agency with programme implementation tasks related to the Consumer Programme, the Public Health Programme and the food safety training measures would entail significant qualitative and quantitative benefits compared with the in-house scenario under which all aspects of the new programmes would be managed internally within the Commission. The three successor programmes are in line with the mandate and mission of the Agency and represent a continuation of the Agency’s activities. The Agency has built up competence, skills and capacity in the management of those programmes over several years. The Commission as well as the programme beneficiaries would therefore benefit from the Agency’s accumulated experience and expertise and resultant productivity gains, in particular a high quality programme management, a simplification of procedures and a better service delivery in terms of faster contracting and quicker payments. Overtime the Agency has developed effective channels for ensuring beneficiary proximity and a high level of visibility of the Union as the promoter of the programmes concerned. The delegation of programme management to the Agency would ensure business continuity for the currently delegated programmes’ beneficiaries and all stakeholders. A shift to an in-house arrangement would thus be disruptive. Delegation of programme management to the Agency is estimated to deliver efficiency gains of EUR 14 million over the period of years 2014 to 2024 as compared to the in-house scenario.
(9) In order to give executive agencies a coherent identity, the Commission has, as far as possible, grouped work by thematic policy area in establishing their new mandates.
(10) Management of the Public Health Programme for the years 2008 to 2013 adopted by Decision No 1350/2007/EC, the Consumer Programme for the years 2007 to 2013 adopted by Decision 1926/2006/EC, the food safety training measures covered by Directive 2000/29/EC, Regulation (EC) No 882/2004, Regulation (EC) No 1905/2006 and Decision C(2012) 1548 and the management of the agreement with ANEC governed by Regulation (EU) No 1025/2012, all of which are currently implemented by the agency, as well as the management of the Consumer Programme for the years 2014 to 2020 (15), the Public Health Programme for the years 2014 to 2020 (16) and the food safety training measures covered by Regulation (EC) No 882/2004 and Directive 2000/29/EC involve implementation of technical projects which do not entail political decision-making and require a high level of technical and financial expertise throughout the project cycle.
(11) The Agency should be responsible for the provision of administrative and logistical support services in particular where centralisation of those support services would result in additional cost-efficiency gains and economies of scale.
(12) In order to ensure a consistent implementation in time of this Decision and of the programmes concerned, it is necessary to ensure that the Agency shall exercise its tasks linked to the implementation of those programmes subject to and from the date on which those programmes enter into force.
(13) The Consumers, Health and Food Executive Agency should be established. It should replace and succeed the executive agency established by Decision 2004/858/EC. It should operate in accordance with the general statute laid down by Regulation (EC) No 58/2003.
(14) Decision 2004/858/EC should therefore be repealed and transitional provisions should be set out.
(15) The measures provided for by this Decision are in accordance with the opinion of the Committee for Executive Agencies,
Establishment
The Consumers, Health and Food Executive Agency (hereinafter referred to as the Agency) is hereby established and shall replace and succeed the executive agency set up by Decision 2004/858/EC from 1 January 2014 until 31 December 2024, its statute being governed by Regulation (EC) No 58/2003.
Location
The Agency shall be located in Luxembourg.
Objectives and tasks
1. The Agency is hereby entrusted with the implementation of parts of the following Union programmes and actions:
(a) the Consumer Programme 2014-2020;
(b) the Public Health Programme 2014-2020;
(c) the food safety training measures covered by Directive 2000/29/EC and Regulation (EC) No 882/2004.
The first subparagraph shall apply subject to and as from the date of the entry into force of each of these programmes.
2. The Agency is hereby entrusted with the implementation of the legacy of the following programmes and actions:
(a) the Consumer Programme 2007-2013;
(b) the Public Health Programme 2008-2013;
(c) the food safety training measures covered by Directive 2000/29/EC, Regulation (EC) No 882/2004, Regulation (EC) No 1905/2006 and Decision C(2012) 1548;
(d) the management of the agreement with ANEC, the European consumer voice in standardisation, governed by Regulation (EU) No 1025/2012.
3. The Agency shall be responsible for the following tasks related to the implementation of the parts of the Union programmes and actions referred to in paragraphs 1 and 2:
(a) managing all or part of the stages of programme implementation and all or part of the phases in the lifetime of specific projects on the basis of the relevant work programmes adopted by the Commission, where the Commission has empowered it to do so in the instrument of delegation;
(b) adopting the instruments of budget execution for revenue and expenditure and carrying out all the operations necessary for the management of the programme where the Commission has empowered it to do so in the instrument of delegation;
(c) providing support in programme implementation where the Commission has empowered it to do so in the instrument of delegation.
4. The Agency may be responsible for the provision of administrative and logistical support services if provided for in the instrument of delegation, for the benefit of the programme-implementing bodies and within the scope of the programmes referred to therein.
Duration of the appointments
1. The members of the Steering Committee shall be appointed for two years.
2. The Director shall be appointed for four years.
Supervision and reporting requirement
The Agency shall be subject to supervision by the Commission and shall report regularly on progress in implementing the Union programmes or parts thereof for which it is responsible in accordance with the arrangements and at the intervals stipulated in the instrument of delegation.
Implementation of the operating budget
The Agency shall implement its operating budget in accordance with the provisions of Commission Regulation (EC) No 1653/2004 (17).
Repeal and transitional provisions
1. Decision 2004/858/EC is repealed with effect from 1 January 2014. References to the repealed Decision shall be construed as references to this Decision.
2. The Agency shall be considered the legal successor of the executive agency established by Decision 2004/858/EC.
3. Without prejudice to the revision of the grading of seconded officials foreseen by the instrument of delegation, this Decision shall not affect the rights and obligations of staff employed by the Agency, including its Director.
Entry into force
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2014. | 0 | 0.25 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31981D0569 | 81/569/EEC: Commission Decision of 6 July 1981 establishing that the apparatus described as 'Medical systems - neurophore BH-2; - mini frame PPS-2' may be imported free of Common Customs Tariff duties
| COMMISSION DECISION of 6 July 1981 establishing that the apparatus described as "Medical systems - neurophore BH-2 ; - mini frame PPS-2" may be imported free of Common Customs Tariff duties (81/569/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials (1), as amended by Regulation (EEC) No 1027/79 (2),
Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Article 7 thereof,
Whereas, by letter dated 19 December 1980, the United Kingdom has requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as "Medical systems - neurophore BH-2 ; - mini frame PPS-2", to be used for research into the effect of anaesthetic agents on the sensitivity of sensory neurones to putative transmitter chemicals and into the nature and action of possible chemical transmitters mediatively synoptic transmission in the brain, should be considered to be scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Community;
Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 28 April 1981 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question are neurophore systems ; whereas their objective technical characteristics such as the precision and the injection methods and the use to which they are put make them specially suited to scientific research ; whereas, moreover, apparatus of the same kind are principally used for scientific activities ; whereas they must therefore be considered to be scientific apparatus;
Whereas, on the basis of information received from Member States, apparatus of equivalent scientific value capable of use for the same purpose are not currently manufactured in the Community ; whereas, therefore, duty-free admission of these apparatus is justified,
The apparatus described as "Medical systems - neurophore BH-2 ; - mini frame PPS-2" which are the subject of an application by the United Kingdom of 19 December 1980 may be imported free of Common Customs Tariff duties.
This Decision is addressed to the Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
32008R1161 | Commission Regulation (EC) No 1161/2008 of 21 November 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
| 22.11.2008 EN Official Journal of the European Union L 312/1
COMMISSION REGULATION (EC) No 1161/2008
of 21 November 2008
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
This Regulation shall enter into force on 22 November 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31993R2623 | COMMISSION REGULATION (EEC) No 2623/93 of 23 September 1993 concerning the stopping of fishing for cod by vessels flying the flag of Spain
| COMMISSION REGULATION (EEC) No 2623/93 of 23 September 1993 concerning the stopping of fishing for cod by vessels flying the flag of Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2241/87 of 23 July 1987 establishing certain control measures for fishing activities (1), as amended by Regulation (EEC) No 3483/88 (2), and in particular Article 11 (3) thereof,
Whereas Council Regulation (EEC) No 3919/92 of 20 December 1992 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1993 and certain conditions under which they may be fished (3), as amended by Regulation (EEC) No 927/93 (4), provides for cod quotas for 1993;
Whereas, in order to ensure compliance with the provisions relating to the quantitative limitations on catches of stocks subject to quotas, it is necessary for the Commission to fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated;
Whereas, according to the information communicated to the Commission, catches of cod in the waters of ICES divisions I, II b by vessels flying the flag of Spain or registered in Spain have reached the quota allocated for 1993; whereas Spain has prohibited fishing for this stock as from 6 September 1993; whereas it is therefore necessary to abide by that date,
Catches of cod in the waters of ICES divisions I, II b by vessels flying the flag of Spain or registered in Spain are deemed to have exhausted the quota allocated to Spain for 1993.
Fishing for cod in the waters of ICES divisions I, II b by vessels flying the flag of Spain or registered in Spain is prohibited, as well as the retention on board, the transhipment and the landing of such stock captured by the abovementioned vessels after the date of application of this Regulation.
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 6 September 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 |
32010D0725 | 2010/725/EU: Commission Decision of 26 November 2010 amending Annex I to Decision 2006/766/EC as regards the title and the entry for Chile in the list of third countries from which imports of live, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods for human consumption are permitted (notified under document C(2010) 8259) Text with EEA relevance
| 27.11.2010 EN Official Journal of the European Union L 312/45
COMMISSION DECISION
of 26 November 2010
amending Annex I to Decision 2006/766/EC as regards the title and the entry for Chile in the list of third countries from which imports of live, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods for human consumption are permitted
(notified under document C(2010) 8259)
(Text with EEA relevance)
(2010/725/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (1), and in particular Article 11(1) thereof,
Whereas:
(1) Regulation (EC) No 854/2004 provides that products of animal origin are only to be imported from a third country or part of a third country that appears on a list drawn up in accordance with that Regulation. It also lays down special conditions for the import of bivalve molluscs, tunicates, echinoderms and marine gastropods from third countries.
(2) Regulation (EC) No 854/2004 provides that a third country shall appear on such lists only if a Union control in that country confirms that the competent authority provides appropriate guarantees as specified in Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (2). In particular, Regulation (EC) No 882/2004 provides that third countries are to appear on such lists only if their competent authorities provide appropriate guarantees as regards compliance or equivalence with Union feed and food law and animal health rules.
(3) Commission Decision 2006/766/EC of 6 November 2006 establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted (3) lists those third countries which satisfy the criteria referred to in Regulation (EC) No 854/2004 and are therefore able to guarantee that exports of those products to the Union meet the sanitary conditions laid down in Union legislation to protect the health of consumers. In particular, Annex I to that Decision sets out a list of third countries from which imports of live, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods for human consumption are permitted. That list also indicates restrictions concerning such imports from certain third countries.
(4) Chile is currently included in the list in Annex I to Decision 2006/766/EC as a third country from which imports of bivalve molluscs, echinoderms, tunicates and marine gastropods intended for human consumption are permitted, but such imports are restricted to frozen or processed products.
(5) Union controls in Chile to evaluate the control system in place governing the production of bivalve molluscs intended for export to the Union, the last of which took place in 2010, together with guarantees provided by the competent authority of Chile, indicate that the conditions applicable in that third country to chilled and eviscerated bivalve molluscs belonging to the family of Pectinidae wild or harvested in class A production areas and destined for export to the Union are equivalent to those laid down in the relevant Union legislation. As a result imports from Chile of such bivalve molluscs should be permitted.
(6) Annex I to Decision 2006/766/EC should be amended accordingly.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Annex I to Decision 2006/766/EC is amended as follows:
1. the title of Annex I is replaced by the following:
2. the entry for Chile is replaced by the following:
‘CL CHILE Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods, and chilled and eviscerated Pectinidae wild or harvested in production areas classified as A according to Point A.3 of Chapter II of Annex II to Regulation (EC) No 854/2004.’
This Decision is addressed to the Member States. | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31997D0131 | 97/131/EC: Council Decision of 17 December 1996 on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products
| 26.2.1997 EN Official Journal of the European Communities L 57/1
COUNCIL DECISION
of 17 December 1996
on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products
(97/131/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to the proposal from the Commission,
Whereas, the Community and New Zealand entered into negotiations to determine the sanitary measures applicable to trade in live animals and animal products;
Whereas, as a result of these negotiations an Agreement was signed on 17 December 1996;
Whereas, in order to avoid an interruption in trade and until such time as the two Parties notify each other of the completion of their respective procedures for ratification of the said Agreement as provided for in the second subparagraph of Article 18 (1) thereof, the two Parties have agreed to apply the Agreement provisionally as from 1 January 1997 in accordance with an Agreement in the form of an Exchange of Letters;
Whereas that agreement should be approved,
The Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products is hereby approved on behalf of the Community.
The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in the form of an Exchange of Letters 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 | 0 | 0 |
32015D0383 | Council Implementing Decision (CFSP) 2015/383 of 6 March 2015 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria
| 7.3.2015 EN Official Journal of the European Union L 64/41
COUNCIL IMPLEMENTING DECISION (CFSP) 2015/383
of 6 March 2015
implementing Decision 2013/255/CFSP concerning restrictive measures against Syria
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,
Having regard to Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1), and in particular Article 30(1) thereof,
Whereas:
(1) On 31 May 2013, the Council adopted Decision 2013/255/CFSP.
(2) In view of the gravity of the situation, seven persons and six entities should be added to the list of natural and legal persons, entities or bodies subject to restrictive measures in Annex I to Decision 2013/255/CFSP.
(3) Decision 2013/255/CFSP should therefore be amended accordingly,
Annex I to Decision 2013/255/CFSP shall be amended as set out in the Annex to this Decision.
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31992D0597 | 92/597/EEC: Commission Decision of 21 December 1992 on a multiannual guidance programme for the fishing fleet of Spain for the period 1993 to 1996 pursuant to Council Regulation (EEC) No 4028/86 (Only the Spanish text is authentic)
| COMMISSION DECISION of 21 December 1992 on a multiannual guidance programme for the fishing fleet of Spain for the period 1993 to 1996 pursuant to Council Regulation (EEC) N° 4028/86 (Only the Spanish text is authentic) (92/597/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) N° 4028/86 of 18 December 1986 on Community measures to improve and adapt structures in the fisheries and aquaculture sector (1), as last amended by Regulation (EEC) N° 3946/92 (2),
Whereas Council Regulation (EEC) N° 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resources (3), and in particular Article 2 (d) thereof, lists as one of its objectives conservation measures consisting of restricting fishing effort;
Whereas the resolution of the European Parliament on the Commission's 1991 report on the common fisheries policy (4) refers to the structural adjustment of the fleet through the adoption of a new generation of MGPs ensuring a reduction in fishing capacity differentiated according to region and fishery;
Whereas at its meeting of 3 April 1992 the Council concluded that in order to ensure the continuity of fisheries, one of the objectives of the future common fisheries policy must be to re-establish the balance between resources and fishing effort, including capacity, and to maintain a balanced and rational management of resources;
Whereas the Economic and Social Committee, in its opinion on the 1991 report delivered on 27 May 1992, takes the view that the MGPs are an essential means of matching fishing capacity to exploitable resources and that further reduction of the Community's fleet must be differentiated;
Whereas on 30 April 1991 the Spanish Government forwarded to the Commission a multiannual guidance programme for the fishing fleet for the period 1992 to 1996, herinafter called 'the programme`, in accordance with Article 3 (3) of Regulation (EEC) N° 4028/86; whereas it later forwarded additional information concerning the programme;
Whereas it is necessary to consider whether the programme fulfils the conditions laid down in Article 2 of Regulation (EEC) N° 4028/86 and constitutes a suitable framework for Community and national financial aid for the sector concerned;
Whereas the objectives for reducing fleet capacity fixed on 31 December 1991 in the previous programme constitute the reference basis for assessing the actual development recorded and the effort still needed to ensure that the objectives are achieved;
Whereas the Commission adopted a transitional programme for 1992 (5); whereas the objectives fixed in the Spanish transitional programme should be included in the objectives of the present programme;
Whereas it is important that the overall reduction in fishing effort judged to be necessary in order to adapt the Community fleet to available resources should reflect significant reductions in particular segments of that fleet where an imbalance is most apparent; whereas coefficients for the reduction of fishing effort, differentiated according to fishery or group of fisheries, should therefore be applied to the segments of the fleet thus identified;
Whereas account must be taken of an annual increase of 2 % in fishing effort linked to technical progress;
Whereas available biological and economic analyses suggest that overall reduction in fishing effort, differentiated for the broad groups of target species, should be of 20 % for demersal species, 15 % for benthic species and zero growth in effort for pelagic species;
Whereas, in order to attain these objectives and improve fishing methods, reductions in effort should primarily be focused on segments of the fleet using non-selective gear, particularly those likely to catch large numbers of juveniles, while ensuring that there is no increase in segments using more selective gear;.
Whereas, in order to attain the objectives of the programme, it may be necessary to take steps to influence all the parameters connected with fishing mortality, particularly the capacity and activity of the fleet; whereas, however, structural measures must be focused chiefly on the elimination of excess capacity;
Whereas it is necessary to verify that the objectives fixed in the programme are progressively and coherently met; whereas intermediate and indicative annual objectives should therefore be determined as a basis for Article 5 of Regulation (EEC) N° 4028/86;
Whereas in addition to the six-monthly transmission by Spain of statements concerning development of the fishing fleet and, where applicable, its activity, it is necessary to ensure that these data tally with the information in the Community register of fishing vessels;
Whereas any development that does not comply with the programme objectives would run counter to the objectives of the common fisheries policy; whereas, therefore, certain specific measures undertaken under this programme may not warrant Community financial assistance;
Whereas to programme a concerted and balanced reduction in the overall fishing effort of the Community's fleets requires the Community aid scheme to be focused on measures enabling the objectives of the programme to be attained within the deadlines laid down; whereas priority should also be given to investments aimed at bringing the fleet into line with Community rules on hygiene and safety and to investments in the development of selective fisheries which cause minimum damage to the marine environment;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee for the Fishing Industry,
The multiannual guidance programme for the fishing fleet for the period 1992 to 1996, as forwarded by the Spanish Government on 30 April 1991 and supplemented by the Government at a later date, is hereby approved subject to the conditions laid down in this Decision and provided that those conditions are met.
In order to ensure a durable balance between fishery resources and the fishing effort of the Community fleet, Spain has segmented its fishing fleet as shown in the Annex. The following coefficients shall be applied to the fishing capacity of the segments thus obtained:
- 20 % to segments practising bottom trawling in teams or using an otter trawl and fishing for demersal stocks,
- 15 % to dredgers and beam trawlers for benthic stocks,
- 0 %, i.e. zero growth in other segments.
These reductions shall apply to the objectives fixed on 31 December 1991 as the starting point for the transitional programme for 1992 adopted for Spain and based on the situation of the fishing fleet at 1 January 1992 as presented by that Member State.
1. The reduction in fishing effort may result from the combined effect of reductions in capacity and reductions in activity.
2. At least 55 % of the overall objective of the programme, defined as the sum of the partial objectives for each segment, must be achieved by means of reductions in capacity.
3. The remainder may be achieved by means of measures to reduce activity, such as restrictions in time at sea, provided that they are based on permanent laws and administrative provisions accepted by the Commission and techniques approved by the Commission.
4. The final objectives for each segment and the annual intermediate indicative objectives shall be determined in accordance with points 2 and 4 of the additional provisions in the Annex.
At the latest by 15 February and 31 July of each year for the previous six-month periods ending on 31 December and 30 June respectively, Spain shall forward to the Commission, in respect of each segment of the fishing fleet defined in the Annex, information on the number of vessels commissioned, the tonnage and engine power added and withdrawn, as the case may be, and the time at sea by homogeneous group of vessels, with their six-monthly variations, pursuant to the special provisions of the programme.
Such information shall tally with the information forwarded in accordance with Commission Regulation (EEC) N° 163/89 (1) on the Community register of fishing vessels.
This Decision is addressed to the Kingdom of Spain. | 0 | 0 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 | 0 | 0 | 0 | 0.25 | 0 | 0.25 | 0 |
31998R2233 | Commission Regulation (EC) No 2233/98 of 16 October 1998 determining, for the 1998 marketing year, the estimated loss of income and the estimated level of the premium payable per ewe and per female goat and fixing the second advance payment for this premium
| COMMISSION REGULATION (EC) No 2233/98 of 16 October 1998 determining, for the 1998 marketing year, the estimated loss of income and the estimated level of the premium payable per ewe and per female goat and fixing the second advance payment for this premium
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3013/89 of 25 September 1989 on the common organisation of the market in sheepmeat and goatmeat (1), as last amended by Regulation (EC) No 1589/96 (2), and in particular Article 5(6) thereof,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June 1992 concerning specific measures for the Canary Islands with regard to certain agricultural products (3), as last amended by Regulation (EC) No 2348/96 (4), and in particular Article 13 thereof,
Whereas Article 5(1) and (5) of Regulation (EEC) No 3013/89 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; whereas those areas are defined in Annex I to Regulation (EEC) No 3013/89 and in Article 1 of Commission Regulation (EEC) No 1065/86 of 11 April 1986 determining the mountain areas in which the premium for goatmeat is granted (5), as amended by Regulation (EEC) No 3519/86 (6);
Whereas, pursuant to Article 5(6) of Regulation (EEC) No 3013/89 and to enable an advance payment to be made to sheepmeat and goatmeat producers, the foreseeable loss of income should be estimated in the light of the foreseeable trend in market prices;
Whereas, pursuant to Article 5(2) of Regulation (EEC) No 3013/89, 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 carcase weight; whereas the coefficient for 1998 has not yet been fixed in view of the lack of full Community statistics; whereas, pending the fixing of that coefficient, a provisional coefficient should be used; whereas Article 5(3) of that Regulation also fixes the amount per ewe for producers of light lambs and per female of the caprine species at 80 % of the premium per ewe for producers of heavy lambs;
Whereas, pursuant to Article 8 of Regulation (EEC) No 3013/89, the premium must be reduced by the impact on the basic price of the coefficient provided for in paragraph 2 of that Article; whereas that coefficient is fixed by Article 8(4) at 7 %;
Whereas, in accordance with Article 5(6) of Regulation (EEC) No 3013/89, the half-yearly advance payment is fixed at 30 % of the expected premium; whereas, in accordance with Article 4(3) of Commission Regulation (EEC) No 2700/93 (7), as last amended by Regulation (EC) No 1526/96 (8), the advance payment is to be paid only if it is equal to or greater than ECU 1;
Whereas the agricultural conversion rate has been frozen until 1 January 1999 for certain currencies by Council Regulation (EC) No 1527/95 (9);
Whereas Regulation (EEC) No 1601/92 provides for the application of specific measures relating to agricultural production in the Canary Islands; whereas those measures entail the grant of a supplement to the ewe premium 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 (EEC) No 3013/89; whereas those conditions provide that Spain is authorized to pay an advance on the said supplementary premium;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sheep and Goats,
A difference is hereby estimated between the basic price, reduced by the impact of the coefficient laid down in Article 8(2) of Regulation (EEC) No 3013/89, and the foreseeable market price during 1998 of ECU 133,785 per 100 kilograms.
1. The estimated amount of the premium payable per ewe is as follows:
- producers of heavy lambs: ECU 21,406,
- producers of light lambs: ECU 17,125.
2. Pursuant to Article 5(6) of Regulation (EEC) No 3013/89, the second advance that the Member States are authorised to pay to producers shall be as follows:
- producers of heavy lambs: ECU 6,422 per ewe,
- producers of light lambs: ECU 5,138 per ewe.
1. The estimated amount of the premium payable per female of the caprine species in the areas designated in Annex I to Regulation (EEC) No 3013/89 and in Article 1 of Regulation (EEC) No 1065/86 is ECU 17,125.
2. Pursuant to Article 5(6) of Regulation (EEC) No 3013/89, the second advance which the Member States are authorised to pay to goatmeat producers located in the areas designated in paragraph 1 shall be ECU 5,138 per female of the caprine species.
Pursuant to Article 13(3) of Regulation (EEC) No 1601/92, the second advance on the supplementary premium for the 1998 marketing year for producers of light lambs and she-goats in the Canary Islands within the limits provided for in Article 1(1) of Council Regulation (EEC) No 3493/90 (10) shall be as follows:
- ECU 1,284 per ewe in the case of producers referred to in Article 5(3) of Regulation (EEC) No 3013/89,
- ECU 1,284 per she-goat in the case of the producers referred to in Article 5(5) of Regulation (EEC) No 3013/89.
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 |
31993R3198 | COMMISSION REGULATION (EC) No 3198/93 of 22 November 1993 amending Regulation (EEC) No 3846/87 establishing an agricultural products nomenclature for export refunds
| COMMISSION REGULATION (EC) No 3198/93 of 22 November 1993 amending Regulation (EEC) No 3846/87 establishing an agricultural products nomenclature for export refunds
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 1993 on the common organization of the market in cereals (1), as amended by Commission Regulation (EEC) No 2193/93 (2), and in particular Article 13 thereof,
Whereas Commission Regulation (EEC) No 2551/93 (3) amending Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (4), as last amended by Regulation (EEC) No 3080/93 (5), foresees an amendment for barley, cereals groats, meal and pellets;
Whereas Commission Regulation (EEC) No 3846/87 (6), as last amended by Regulation (EEC) No 2159/93 (7), establishes, on the basis of the combined nomenclature, the nomenclature applicable to export refunds for agricultural products; whereas this nomenclature should be adapted accordingly to the abovementioned amendment;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
The data relating to CN codes 1003 and 1103 11 30 and 1103 11 50 of the agricultural product nomenclature for export refunds given in sector 1 of the Annex to Regulation (EEC) No 3846/87 are hereby replaced by that listed in the Annex hereto.
This Regulation shall enter into force on 1 January 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
31992R2812 | Commission Regulation (EEC) No 2812/92 of 25 September 1992 concerning the classification of certain goods in the Combined Nomenclature
| COMMISSION REGULATION (EEC) No 2812/92 of 25 September 1992 concerning the classification of certain goods in the combined nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), as last amended by Regulation (EEC) No 1039/92 (2), and in particular Article 9 thereof,
Whereas in order to ensure uniform application of the combined nomenclature annexed to the said Regulation, it is necessary to adopt measures concerning the classification of the good referred to in the Annex to this Regulation;
Whereas Regulation (EEC) No 2658/87 has set down the general rules for the interpretation of the combined nomenclature and these rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivisions to it and which is established by specific Community provisions, with a view to the application of tariff or other measures relating to trade in goods;
Whereas, pursuant to the said general rules, the goods described in column 1 of the table annexed to the present Regulation must be classified under the appropriate CN code indicated in column 2, by virtue of the reasons set out in column 3;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Nomenclature Committee,
The good described in column 1 of the annexed table are now classified within the combined nomenclature under the appropriate CN code indicated in column 2 of the said table.
This Regulation shall enter into force on the 21st day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
31996R1503 | Commission Regulation (EC) No 1503/96 of 29 July 1996 on the detailed rules for the application of Council Regulation (EC) No 3072/95 with regard to import duties on rice
| COMMISSION REGULATION (EC) No 1503/96 of 29 July 1996 on the detailed rules for the application of Council Regulation (EC) No 3072/95 with regard to import duties on rice
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 organization of the market in rice (1), and in particular Article 11 (2) and (4) thereof,
Whereas the third subparagraph of Article 11 (2) of Regulation (EC) No 3072/95 lays down the method for calculating the percentage by which the intervention price valid on the day of import is to be increased in order to calculate the import duties on milled rice; whereas that method takes account of the conversion rate, processing costs and the value of by-products and an amount for the protection of industry; whereas the day of importation should be fixed as the date of acceptance of the declaration by the customs authorities as laid down in Article 67 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2), as last amended by the Act of Accession of Austria, Finland and Sweden;
Whereas Article 11 of Regulation (EC) No 3072/95 provides that the rates of duty in the Common Customs Tariff shall be levied on the products referred to in Article 1 of that Regulation when they are imported; whereas, however, in the case of products referred to in Article 11 (2) the import duty will be equal to the intervention price valid for those products on importation, increased by a certain percentage according to whether it is husked or milled rice, indica rice or japonica rice, and minus the import price, provided that duty does not exceed the rate of the Common Customs Tariff duties;
Whereas there are particular difficulties in the rice sector concerning the verification of the value of imported products; whereas a system of flat-rate values is therefore most suitable for the implementation of the results of the Uruguay Round of negotiations; whereas, however, technical discussions between the partners concerned are still in progress; whereas, pending the outcome of those discussions, the system applied in 1995/96 should be maintained as a precaution;
Whereas in order to classify the consignments imported, the products referred to in Article 11 (2) of Regulation (EC) No 3072/95 must be subdivided into a number of qualities; whereas the combined nomenclature codes to which these qualities correspond must therefore be specified;
Whereas, for the purposes of calculating the import duty using the flat-rate import value, the representative cif import prices should be calculated for each of the qualities defined; whereas, for the purposes of establishing those prices, price quotations for the different qualities of rice must be specified; whereas these quotations should therefore be defined;
Whereas, in the interests of clarity and transparency, the quotations for the different types of rice in publications by the Department of Agriculture of the United States of America constitute an objective basis for establishing representative cif import prices for rice in bulk; whereas representative prices on the United States market, the Thai market or of other origins may be converted into representative cif import prices by adding the maritime freight costs on the charter market between the ports of origin and the Community port; whereas, taking account of the volume of freight and of trade in the ports of northern Europe, those ports constitute the Community destination for which the quotations of maritime freight prices are best known publicly, are most transparent and most easily available; whereas, therefore, the ports of northern Europe (Antwerp, Rotterdam, Amsterdam, Gent) should be adopted as the Community destination ports;
Whereas, in order to monitor the trends in representative cif import prices thus established, it is appropriate to provide for weekly monitoring of the elements contributing to their calculation;
Whereas, for the purposes of fixing import duties for the rice referred to in Article 11 (2) of Regulation (EC) No 3072/95, a period of two weeks for determining representative cif import prices for rice in bulk takes account of market trends without introducing elements of uncertainty; whereas, on this basis, import duties for that product should be established taking account of the average of representative cif import prices noted over the abovementioned period, every two weeks on a Wednesday, and on the last working day of each month;
Whereas the import duty thus calculated can be applied over a two-week period without substantially affecting import prices, duties paid; whereas, however, where no quotation is available for a given product over the period of calculation of representative cif import prices or where, following sudden changes in the elements making up the calculation, those representative cif import prices undergo major fluctuations during the period in question, measures must be taken in order to maintain the representative nature of the cif import prices of the product concerned;
Whereas the price of basmati rice originating in India and Pakistan is normally higher on the market than the established representative price; whereas in 1993/94 the difference was of the order of ECU 250 per tonne in the case of basmati rice originating in India and ECU 50 per tonne in the case of basmati rice originating in Pakistan; whereas, as a result, the import duty on those rice varieties should be reduced by the aforementioned amounts in order to comply with the principle laid down in Article 11 of Regulation (EC) No 3072/95 and the Community's international commitments;
Whereas, where there is no quotation, it is appropriate to continue to apply the amount of duty fixed for the preceding period and, in the case of major fluctuations in the quotation, the cost of maritime freight or the exchange rate used for the calculation of the representative cif import price of the product concerned, the representative nature of that price must be restored, taking account of those changes, by adjusting the duty fixed in line with the difference noted; whereas, even where such adjustments are made, the regular dates for fixing duties will not be affected;
Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
The import duties referred to in Article 11 (1) and (2) of Regulation (EC) No 3072/95 shall be those applicable at the time laid down in Article 67 of Regulation (EEC) No 2913/92.
The import duty for milled rice falling within CN code 1006 30 shall be equal to the intervention price valid at the moment of import increased by:
- 163 % in the case of indica rice,
- 167 % in the case of japonica rice,
minus the import price.
However, that duty must not exceed the rates of duty in the Common Customs Tariff.
1. For the purposes of this Regulation indica rice shall be deemed to be rice falling within CN codes 1006 20 17, 1006 20 98, 1006 30 27, 1006 30 48, 1006 30 67 and 1006 30 98.
2. Any other products falling within CN codes 1006 20 and 1006 30 shall be deemed to be japonica rice.
1. The import duties for the products referred to in Article 3 shall be calculated every week but shall be fixed by the Commission every two weeks on a Wednesday and on the last working day of each month, and for the period up to the first Thursday of July 1995 from 1 July of that year, in accordance with the method provided for in Article 5 and shall apply from the first working day following their fixing and the first day of the following month, respectively.
However, if the calculation of the week following this fixing shows that the import duty is higher or lower by ECU 10 per tonne than the duty in force, a corresponding adjustment shall be made by the Commission.
The fixing made on the last working day of each month shall be based on the intervention price for the following month.
Where the Wednesday on which import duties would be fixed is not a working day for the Commission, the duties shall be fixed on the first working day following that Wednesday.
2. The price valid on the world market to be used for the calculation of the import duty shall be the average of the weekly representative cif import prices for rice in bulk determined using the method provided for in Article 5 and established over the period of the two preceding weeks.
3. The import duties fixed in accordance with this Regulation shall apply until new duties are fixed and enter into force.
However, where no quotation is available for a given product from the reference source provided for in Article 5 over the two weeks preceding the next periodic fixing, the import duty previously fixed shall remain in force.
Every time the duty is fixed or adjusted, the Commission shall publish the import duties and the factors used for their calculation in the Official Journal of the European Communities.
4. Basmati rice falling within CN codes ex 1006 20 17 and ex 1006 20 98 may benefit from a reduction in the import duty by an amount of ECU 250 for rice originating in India and ECU 50 for rice originating in Pakistan.
This reduction shall be made if, when a product is released for free circulation, an import licence whose issue is conditional on provision of a security, and a certificate of product authenticity are presented.
By way of derogation from Article 10 (a) of Commission Regulation (EC) No 1162/95 (3), the security to be provided shall be ECU 275 per tonne for basmati rice originating in India and ECU 75 per tonne for basmati rice originating in Pakistan.
The certificate of authenticity shall be drawn up on the form a specimen of which is shown in Annex II to this Regulation. It shall be issued pursuant to the relevant provisions of Commission Regulation (EEC) No 81/92 (4).
The amounts provided for in the first subparagraph of this paragraph may be revised in response to market trends.
1. To determine the import prices of the rice referred to in Article 11 (4) of Regulation (EC) No 3072/95, the following factors shall be used for the different types of rice in bulk referred to in Article 3:
(a) the cif price at Rotterdam;
(b) the representative price on the Thai market;
(c) the representative price on the United States market;
(d) the representative price on other markets;
(e) the average cost of sea freight between the port of origin and one of the ports of Antwerp, Rotterdam, Amsterdam and Gent.
The import price shall normally be the price indicated under (a), but, in the absence of such a price, shall be determined on the basis of the factors listed under (b), (c) and (e); the prices referred to in (d) shall only be used in the absence of the prices referred to under (a), (b) and (c).
In the absence of quotations for the cost of sea transport of rice, those for cereals shall be used.
2. The factors used for the calculation shall be established and checked each week on the basis of the sources and the reference qualities listed in Annex I to this Regulation. The cost of sea freight shall be established on the basis of information publicly available.
If the price established is expressed as C& F, it shall be increased by 0,75 %.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 September 1996.
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 |
32011R1317 | Commission Implementing Regulation (EU) No 1317/2011 of 15 December 2011 fixing the import duties in the cereals sector applicable from 16 December 2011
| 16.12.2011 EN Official Journal of the European Union L 334/18
COMMISSION IMPLEMENTING REGULATION (EU) No 1317/2011
of 15 December 2011
fixing the import duties in the cereals sector applicable from 16 December 2011
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 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) Pursuant to Article 2(2) of Regulation (EU) No 642/2010, 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 5 of that Regulation.
(4) Import duties should be fixed for the period from 16 December 2011 and should apply until new import duties are fixed and enter into force,
From 16 December 2011, 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 December 2011.
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 |
31988R2298 | Commission Regulation (EEC) No 2298/88 of 26 July 1988 fixing for the 1988/89 marketing year the production aid for tinned pineapple and the minimum price to be paid to pineapple producers
| COMMISSION REGULATION (EEC) No 2298/88
of 26 July 1988
fixing for the 1988/89 marketing year the production aid for tinned pineapple and the minimum price to be paid to pineapple producers
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 525/77 of 14 March 1977 establishing a system of production aid for tinned pineapple (1), as last amended by Regulation (EEC) No 1699/85 (2), and in particular Article 8 thereof,
Whereas, under Article 4 of Regulation (EEC) No 525/77, the minimum price to be paid to producers is to be determined on the basis of: the minimum price applicable during the preceding marketing year, and the trend of production costs in the fruit and vegetable sector;
Whereas Article 5 of the said Regulation lays down the criteria for fixing the amount of production aid; whereas account must, in particular, be taken of the aid fixed for the previous marketing year adjusted to take account of changes in the minimum price to be paid to producers, the non-member country price and, if necessary, the pattern of processing cost assessed on a flat-rate basis;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
For the 1988/89 marketing year:
(a) the minimum price referred to in Article 4 of Regulation (EEC) No 525/77 to be paid to producers for pineapples; and
(b) the production aid referred to in Article 5 of the said Regulation for tinned pineapples;
shall be as set out in the Annex.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31995R1556 | Council Regulation (EC) No 1556/95 of 29 June 1995 temporarily suspending the autonomous Common Customs Tariff duty on certain industrial products (in the microelectronics and related sectors)
| COUNCIL REGULATION (EC) No 1556/95 of 29 June 1995 temporarily suspending the autonomous Common Customs Tariff duty on certain industrial products (in the microelectronics and related sectors)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 28 thereof,
Having regard to the proposal from the Commission,
Whereas production of the products referred to in this Regulation is at present inadequate or non-existent within the Community and producers are thus unable to meet the needs of user industries in the Community;
Whereas it is in the Community's interest in certain cases to suspend the autonomous Common Customs Tariff duties only partially, particularly because of the existence of Community production, and in other cases to suspend them completely;
Whereas suspension of these autonomous duties shall be decided by the Community;
Whereas, taking account of the difficulties involved in accurately assessing the development of the economic situation in the sectors concerned in the near future, these suspension measures should be taken only temporarily, by fixing their period of validity by reference to the interests of Community production,
The autonomous Common Customs Tariff duties for the products listed in the tables appearing in the Annex shall be suspended at the level indicated in respect of each of them.
These suspensions shall apply:
- from 1 July to 31 December 1995 for the products referred to in Table I,
- from 1 July 1995 to 30 June 1996 for the products referred to in Table II.
This Regulation shall enter into force on 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 |
31991R1768 | Commission Regulation (EEC) No 1768/91 of 21 June 1991 amending Regulation (EEC) No 2921/90 on aid for the production of casein and caseinates from skimmed-milk
| COMMISSION REGULATION (EEC) No 1768/91 of 21 June 1991 amending Regulation (EEC) No 2921/90 on aid for the production of casein and caseinates from skimmed-milk
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 1630/91 (2), and in particular Article 11 (3) thereof,
Whereas Commission Regulation (EEC) No 756/70 of 24 April 1970 on granting aid for skimmed-milk processed into casein and caseinates (3) was repealed by Regulation (EEC) No 2921/90 (4); whereas, at the time of its repeal, certain special measures were adopted to facilitate the release of the guarantees lodged pursuant to Article 4 (1) of Regulation (EEC) No 756/70; whereas it has been shown that, with regard to quantities reaching their destination by 14 October 1990, the said measures do not produce the intended result through no fault of the operators concerned; whereas, therefore, it is necessary to adopt new measures to permit those concerned to obtain the release of the guarantees by presenting supporting documents other than those now required;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
Article 1
Regulation (EEC) No 2921/90 is hereby amended as follows:
1. In Article 6:
(a) the second sentence of the second paragraph is deleted;
(b) the following third, fourth and fifth paragraphs are added:
'Where the destinations referred to in the second paragraph have been reached by 14 October 1990, those concerned shall obtain release of the guarantees by submitting to the competent authority an application accompanied by the following supporting documents which must show the exact quantities of casein and caseinates involved and give the relevant production batch numbers:
- for exports: proof that the casein or caseinates concerned have left the customs territory of the Community,
- for deliveries to an establishment bound by the undertaking referred to in Article 4 (5) of Regulation (EEC) No 756/70: copy of the shipping document and/or delivery note and a copy of the invoice.
The competent authority shall only accept the application referred to in the third paragraph on condition that it includes a commitment by the person concerned to pay to the competent authority a sum equal to the securities released if it is discovered, during any control that the public authorities may carry out during the 12 months following the date of signature of the commitment, that the caseins or caseinates concerned had a destination other than that indicated in the supporting documents submitted in accordance with the third paragraph.
To facilitate administration of the release of guarantees, Member States shall, where required, assist in identifying the establishments bound by the commitment referred to in Article 4 (5) of Regulation (EEC) No 756/70 located on their territory.'
2. In Article 7, the second paragraph is replaced by the following:
'It shall apply to casein and caseinates produced from 15 October 1990, subject to the provisions of Article 6.' Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
(1) (b) shall apply to casein and caseinates produced before 15 October 1990. 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 |
32003R1571 | Commission Regulation (EC) No 1571/2003 of 5 September 2003 amending the specifications of a name appearing in the Annex to Regulation (EC) No 1107/96 (Parmigiano Reggiano)
| Commission Regulation (EC) No 1571/2003
of 5 September 2003
amending the specifications of a name appearing in the Annex to Regulation (EC) No 1107/96 (Parmigiano Reggiano)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(1), as last amended by Regulation (EC) No 806/2003(2), and in particular Article 9 thereof,
Whereas:
(1) In accordance with Article 9 of Regulation (EEC) No 2081/92, the Italian authorities have requested in respect of the name "Parmigiano Reggiano" registered as a protected designation of origin by Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92(3), as last amended by Regulation (EC) No 1204/2003(4), the amendment of the description, method of production, labelling and rules on feed for cows.
(2) Following examination of this request for amendment, it has been decided that the amendments concerned are not minor.
(3) In accordance with the procedure laid down in Article 9 of Regulation (EEC) No 2081/92 and since the amendments are not minor, the Article 6 procedure applies mutatis mutandis.
(4) It has been decided that the amendments in this case comply with Regulation (EEC) No 2081/92. No statement of objection, within the meaning of Article 7 of the Regulation, has been sent to the Commission following the publication of these amendments in the Official Journal of the European Union(5).
(5) Consequently, these amendments must be registered and published in the Official Journal of the European Union,
The amendments set out in the Annex to this Regulation are hereby registered and published in accordance with Article 6(4) of Regulation (EEC) No 2081/92.
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32009R0042 | Commission Regulation (EC) No 42/2009 of 20 January 2009 amending Regulation (EC) No 555/2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector
| 21.1.2009 EN Official Journal of the European Union L 16/6
COMMISSION REGULATION (EC) No 42/2009
of 20 January 2009
amending Regulation (EC) No 555/2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999 (1), and in particular Articles 22, 84 and 107 thereof,
Whereas:
(1) For the optimal use of funds potentially available to increase competitiveness in the wine sector, it is appropriate to allow, as much as possible, for Member States to make use of possibilities both under the wine support programmes, notably under the restructuring and conversion measure according to Article 11 of Regulation (EC) No 479/2008 and investments according to Article 15 of the same Regulation, and the rural development funds. To ensure exclusion of double funding of the same measure under these two funds, as foreseen in Article 4(3) of Regulation (EC) No 479/2008, a clear demarcation line should be established at the level of the operations.
(2) In accordance with the second sentence of the second subparagraph of Article 16(1) of Regulation (EC) No 479/2008, no aid shall be paid for the volume of alcohol contained in the by-products to be distilled which exceeds 10 % in relation to the volume of alcohol contained in the wine produced. It should be clarified that Member State can foresee to respect this limit via controls at the level of the individual producers or alternatively at the national level.
(3) Point (vi) of Article 41(c) of Commission Regulation (EC) No 555/2008 (2) obliges producers to include information concerning the presence of wine grape varieties obtained from interspecific crossings (direct producer hybrids or other varieties not belonging to the Vitis vinifera species) on the analysis report. However, for technical reasons this information should not be required and should therefore be deleted from the said provision.
(4) Article 103(1)(b) of Regulation (EC) No 555/2008 lays down that table 10 of the Annex to Commission Regulation (EC) No 1227/2000 (3) shall continue to apply unless otherwise provided in an implementing regulation on the labelling and presentation of wines to be adopted on the basis of Article 63 of Regulation (EC) No 479/2008. However, the reference should be made to table 9 of the Annex to Regulation (EC) No 1227/2000.
(5) Article 5(8), the third paragraph of Article 16 and the second paragraph of Article 20 of Regulation (EC) No 555/2008 foresee that where Member States grant national aids they should communicate those in the relevant part of the form set out in Annex VII to that Regulation. Therefore, Annex VII should be amended to include this information.
(6) Regulation (EC) No 555/2008 should therefore be amended accordingly.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
Regulation (EC) No 555/2008 is amended as follows:
1. In Article 1, the following paragraph is added:
2. After Article 10, the following Article 10a is inserted in Section 2 of Chapter II of Title II:
3. Article 20 is replaced by the following:
4. After Article 25, the following Article 25a is inserted in Section 7 of Chapter II of Title II:
5. In Article 41(c), point (vi) is deleted.
6. In Article 103(1), point (b) is replaced by the following:
‘(b) Table 9 of the Annex to Regulation (EC) No 1227/2000 shall continue to apply unless otherwise provided in an implementing regulation on the labelling and presentation of wines to be adopted on the basis of Article 63 of Regulation (EC) No 479/2008;’.
7. Annex VII is replaced by the text in Annex to this Regulation.
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.25 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32002R1613 | Commission Regulation (EC) No 1613/2002 of 10 September 2002 establishing unit values for the determination of the customs value of certain perishable goods
| Commission Regulation (EC) No 1613/2002
of 10 September 2002
establishing unit values for the determination of the customs value of certain perishable goods
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(1), as last amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council(2),
Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(3), as last amended by Regulation (EC) No 444/2002(4), and in particular Article 173(1) thereof,
Whereas:
(1) Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation.
(2) The result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173(2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question,
The unit values provided for in Article 173(1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto.
This Regulation shall enter into force on 13 September 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32008D0631 | 2008/631/EC: Commission Decision of 29 July 2008 amending Decision 2006/805/EC as regards certain Member State regions set out in the Annex and the extension of application of that Decision (notified under document number C(2008) 3964) (Text with EEA relevance)
| 1.8.2008 EN Official Journal of the European Union L 205/51
COMMISSION DECISION
of 29 July 2008
amending Decision 2006/805/EC as regards certain Member State regions set out in the Annex and the extension of application of that Decision
(notified under document number C(2008) 3964)
(Text with EEA relevance)
(2008/631/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,
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 (2), and in particular Article 10(4) thereof,
Whereas:
(1) Commission Decision 2006/805/EC of 24 November 2006 concerning animal health control measures relating to classical swine fever in certain Member States (3) was adopted in response to outbreaks of classical swine fever in certain Member States. That Decision lays down certain disease control measures concerning classical swine fever in those Member States.
(2) Decision 2006/805/EC applies until 31 July 2008. In the light of the disease situation of classical swine fever in certain areas of Bulgaria, Germany, France, Hungary and Slovakia, it is appropriate to extend the period of application of that Decision until 31 July 2009.
(3) Bulgaria has informed the Commission about the recent evolution of classical swine fever in feral pigs and pigs on holdings in its territory. According to that information, the disease situation in that Member State has significantly improved as regards feral pigs. In addition, classical swine fever is no longer suspected to be endemic in pigs on holdings. Bulgaria has also informed the Commission that additional measures have been taken to exclude the presence of classical swine fever virus infection in pigs on commercial farms which are dispatched for slaughter. The prohibition on the dispatch of fresh pork meat, pork meat preparations and pork meat products from Bulgaria to other Member States, provided for in Decision 2006/805/EC should therefore no longer apply.
(4) Even though the disease situation in feral pigs in Bulgaria has improved, there is still a continuing risk of outbreaks of classical swine fever in that Member State. Therefore the prohibition on the dispatch of live pigs to other Member States should continue to apply as regards the whole territory of Bulgaria. That whole territory should accordingly be included in Part II of the Annex to Decision 2006/805/EC.
(5) Hungary and Slovakia have also informed the Commission about the recent evolution of classical swine fever in feral pigs in their territories. In the light of the epidemiological information available, the areas in those Member States where control measures relating to classical swine fever apply need to be extended to include also certain areas of the counties of Heves and Borsod-Abaúj-Zemplén in Hungary and the whole districts of Rimaská Sobota, Nové Zámky, Levice and Komárno in Slovakia. Decision 2006/805/EC should therefore be amended accordingly.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Decision 2006/805/EC is amended as follows:
1. in Article 14, ‘31 July 2008’ is replaced by ‘31 July 2009’;
2. Parts II and III of the Annex are replaced by the text in the Annex to this Decision.
This Decision is addressed to the Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32013R1020 | Commission Implementing Regulation (EU) No 1020/2013 of 23 October 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables
| 24.10.2013 EN Official Journal of the European Union L 282/48
COMMISSION IMPLEMENTING REGULATION (EU) No 1020/2013
of 23 October 2013
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1) Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.
(2) The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31978R0688 | Commission Regulation (EEC) No 688/78 of 6 April 1978 amending Regulation (EEC) No 1393/76 laying down detailed rules for the importation of products in the wine-growing sector originating in certain third countries
| COMMISSION REGULATION (EEC) No 688/78 of 6 April 1978 amending Regulation (EEC) No 1393/76 laying down detailed rules for the importation of products in the wine-growing sector originating in certain third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to be applied for the purposes of the common agricultural policy (1), as last amended by Regulation (EEC) No 2543/73 (2), and in particular Article 3 thereof,
Having regard to Council Regulation (EEC) No 2506/75 of 29 September 1975 laying down special rules for the importation of products in the wine-growing sector originating in certain third countries (3), as amended by Regulation (EEC) No 1166/76 (4), and in particular Article 5 (1) thereof,
Whereas certain wines imported in bulk from non-member countries qualify for conventional tariff preferences, provided that the free-at-frontier reference price is respected;
Whereas Commission Regulation (EEC) No 1393/76 of 17 June 1976 laying down detailed rules for the importation of products in the wine-growing sector originating in certain third countries (5) lays down inter alia the factors to be taken into consideration in order to permit the necessary comparison between the offer price and the free-at-frontier reference price;
Whereas the free-at-frontier references prices are fixed in units of account ; whereas Article 1 of Council Regulation (EEC) No 878/77 of 26 April 1977 on the exchange rates to be applied in agriculture (6), as last amended by Regulation (EEC) No 179/78 (7), provides that they must be converted into national currency at the representative rates;
Whereas this provision results in prices expressed in national currency which, because of the real value of these currencies, do not have the same economic significance and often show marked discrepancies ; whereas, moreover, in the case of liqueur wines no monetary compensatory amount, which could compensate for discrepancies of this kind, applies;
Whereas, consequently, under the present system of free-at-frontier reference prices, products originating in non-member countries, while complying with these prices, arrive in the Community at different prices ; whereas this situation results in distortion of competition and deflection of imports of the wines in question from non-member countries, except in the case of certain liqueur wines, which because of their special economic situation can be marketed in two Member States only;
Whereas the most appropriate solution would be the introduction of a rule that the free-at-frontier reference price must be converted into national currency at a rate corresponding to the real value of the currencies concerned;
Whereas, however, it is impossible to use for this purpose the daily market rates because of the administrative difficulties which this would cause ; whereas it is therefore necessary to establish a system for the fixing of rates which correspond to economic reality but do not require too frequent adjustment;
Whereas Regulation (EEC) No 1393/76 should be supplemented accordingly;
Whereas the Monetary Committee will be consulted ; whereas, in view of the urgency of the situation, the proposed measures should be adopted in accordance with the procedure laid down in Article 3 (2) of Regulation No 129;
Whereas the Management Committee for Wine has not delivered an opinion within the time limit set by its chairman,
An additional Article is inserted as follows in Regulation (EEC) No 1393/76: (1)OJ No 106, 30.10.1962, p. 2553/62. (2)OJ No L 263, 19.9.1973, p. 1. (3)OJ No L 256, 2.10.1975, p. 2. (4)OJ No L 135, 24.5.1976, p. 41. (5)OJ No L 157, 18.6.1976, p. 20. (6)OJ No L 106, 29.4.1977, p. 27. (7)OJ No L 26, 31.1.1978, p. 13.
"Article 1a 1. By way of derogation from Article 2 of Regulation No 129, in the case of liqueur wines within the meaning of Additional Note 4 (c) to Chapter 22 of the Common Customs Tariff, with the exception of those liqueur wines originating in Cyprus described in their country of production as "Cyprus sherry" the rate to be used for the conversion into national currency of the free-at-frontier reference prices shall be the special rate as referred to in paragraphs 2 and 3 hereof.
2. In the case of the currencies of Member States maintained within a maximum spread at any given moment of 2 725 % the special rate shall be that calculated from the central rate.
3. In the case of a currency other than those referred to in paragraph 2, the special rate shall be: (a) fixed with effect from 1 July and 16 December of each year;
(b) equal to the rate of conversion against the European monetary unit of account on the basis of the average rate used for the calculation of the monetary compensatory amount in force on: - 15 November of the year in question, in the case of the special rate taking effect on 16 December,
- 1 June of the year in question, in the case of the special rate taking effect on 1 July;
(c) adjusted when, over a period of 20 working days, the conversion rate against the European monetary unit of account is on average 10 % or more above or below the special rate as last fixed.
4. The special rates as referred to in paragraphs 2 and 3 shall be fixed by the Commission.
The rates applicable shall be as specified in Annex III to this Regulation."
1. For purposes of the first application of Article 1a of Regulation (EEC) No 1393/76, the dates "1 July" and "1 June" in paragraph 3 of that Article shall be replaced by "1 May" and "1 April" respectively.
2. The Annex to this Regulation shall be added to Regulation (EEC) No 1393/76.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 May 1978.
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 |
32002R0901 | Commission Regulation (EC) No 901/2002 of 30 May 2002 opening an invitation to tender for the refund for the export of barley to all third countries except the United States of America, Canada, Estonia and Latvia
| Commission Regulation (EC) No 901/2002
of 30 May 2002
opening an invitation to tender for the refund for the export of barley to all third countries except the United States of America, Canada, Estonia and Latvia
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2),
Having regard to Commission Regulation (EC) No 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), as last amended by Regulation (EC) No 602/2001(4), and in particular Article 4 thereof,
Whereas:
(1) In view of the current situation on the cereals market, an invitation should be opened, in respect of barley to tender for the export refund provided for in Article 4 of Regulation (EC) No 1501/95.
(2) The detailed procedural rules governing invitations to tender are as regards the fixing of the export refund in Regulation (EC) No 1501/95. The commitments on the part of the tenderer include an obligation to lodge an application for an export licence. Compliance with this obligation may be ensured by requiring tenderers to lodge a tendering security of EUR 12 per tonne when they submit their tenders.
(3) It is necessary to provide for a specific period of validity for licences issued under that invitation to tender. That period of validity must meet the needs of the world market for the 2002/03 marketing year.
(4) In order to ensure that all those concerned are treated equally, it is necessary to lay down that the period of validity of the licences issued should be identical.
(5) In order to ensure the smooth operation of the export tendering procedure it is appropriate to prescribe a minimum quantity to be tendered for and a time limit and form for the communication of tenders submitted to the competent authorities.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
1. Tenders shall be invited for the export refund provided for in Article 4 of Regulation (EC) No 1501/95.
2. The tendering procedure shall concern barley for export to all third countries except the United States, Canada, Estonia and Latvia.
3. The invitation shall remain open until 22 May 2003. During this period weekly awards shall be made, for which the quantities and the time limits for the submission of tenders shall be as prescribed in the notice of invitation to tender.
Notwithstanding Article 4(4) of Regulation (EC) No 1501/95, the time limit for the submission of tenders for the first partial invitation to tender shall be 6 June 2002.
A tender shall be valid only if it relates to an amount of not less than 1000 tonnes.
The security referred to in Article 5(3a) of Regulation (EC) No 1501/95 shall be EUR 12 per tonne.
1. Notwithstanding Article 23(1) of Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products(5), export licences issued under Article 8(1) of Regulation (EC) No 1501/95 shall, for the purpose of determining their period of validity, be deemed to have been issued on the day on which the tender was submitted.
2. Export licences issued in connection with the invitations to tender pursuant to this Regulation shall be valid from their date of issue, as defined in paragraph 1, until the end of the fourth month following that of issue.
Notwithstanding Article 16 of Commission Regulation (EC) No 800/1999(6), as last amended by Regulation (EC) No 2299/2001(7), proof of completion of customs formalities for release for consumption shall not be required for payment of refunds fixed in a contract awarded under this tender, in so far as the operator provides proof that a quantity of at least 1500 tonnes of cereal products have left the customs territory of the Community on board a vessel suitable for sea transport.
1. The Commission shall decide, pursuant to the procedure laid down in Article 23 of Regulation (EEC) No 1766/92:
- to fix a maximum export refund, taking account in particular of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, or
- to make no award.
2. Where a maximum export refund is fixed, the contract shall be awarded to the tenderer or tenderers whose bids are equal to or lower than the maximum refund.
Tenders submitted must reach the Commission through the intermediary Member States, at the latest one and a half hours after expiry of the period for the weekly submission of tenders as specified in the notice of invitation to tender. They must be communicated in the form indicated in Annex I, to the telex or fax numbers in Annex II.
If no tenders are received, Member States shall inform the Commission of this within the time limit indicated in the preceding paragraph.
The time limits fixed for the submission of tenders shall correspond to Belgian time.
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 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32005R1478 | Commission Regulation (EC) No 1478/2005 of 12 September 2005 amending Annexes V, VII and VIII to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries
| 13.9.2005 EN Official Journal of the European Union L 236/3
COMMISSION REGULATION (EC) No 1478/2005
of 12 September 2005
amending Annexes V, VII and VIII to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries (1), and in particular Articles 8 and 19 thereof,
Whereas:
(1) On 10 June 2005, the European Commission and the Chinese Ministry of Commerce agreed on a Memorandum of Understanding on the export of certain Chinese textile and clothing products to the European Union. In order to take account of this Memorandum of Understanding the Commission subsequently adopted Regulation (EC) No 1084/2005.
(2) It is necessary to clarify the destination of shipments to the Community indicated in footnote 3 of the table shown under (b) in Annex V of Regulation (EEC) No 3030/93, as well as a specific conversion rate for children’s garments for textiles category 4.
(3) It is necessary to provide for arrangements for the treatment of goods sent out from the Community to China for Processing Traffic (OPT).
(4) These arrangements on OPT should be reflected in Annex VII of Regulation (EEC) No 3030/93.
(5) The quantitative limits laid down in the Memorandum of Understanding have been reached for several product categories. As a consequence, a considerable amount of goods are blocked at the Community ports which creates unexpected difficulties for the normal conduct of trade.
(6) On 5 September 2005, the European Commission and the Chinese Ministry of Commerce concluded consultations on how to deal with the problems caused by exports of textile and clothing from China in excess of the quantities established in the Memorandum of Understanding. As a result it was agreed to provide for additional quantities for the categories concerned and to introduce certain flexibilities.
(7) In order to take into account of the arrangement agreed by the European Commission and the Chinese Ministry of Commerce it is necessary to adjust the quantitative limits for imports of textile and clothing products originating in China for 2005 and 2006 and to provide for certain flexibilities. Regulation (EEC) No 3030/93 should therefore be amended accordingly.
(8) In addition, given the particular circumstances of this situation, it is appropriate to provide for additional quantities in order to allow for the release of all textile and clothing products which are currently blocked.
(9) In view of the urgency of the matter, the Regulation should enter into force without delay.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee set up by Article 17 of Regulation (EEC) No 3030/93,
Regulation (EEC) No 3030/93 is amended as follows:
1. Annex V is amended in accordance with Annex I to this Regulation;
2. in Annex VII the table is replaced by the table set out in Annex II to this Regulation;
3. in Annex VIII the table is replaced by the table set out in Annex III to this Regulation.
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32001R0954 | Commission Regulation (EC) No 954/2001 of 16 May 2001 fixing the export refunds on white sugar and raw sugar exported in its unaltered state
| Commission Regulation (EC) No 954/2001
of 16 May 2001
fixing the export refunds on white sugar and raw sugar exported in its unaltered state
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 1527/2000(2), and in particular point (a) of the second subparagraph of Article 18(5) thereof,
Whereas:
(1) Article 18 of Regulation (EC) No 2038/1999 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(a) of that Regulation and prices for those products within the Community may be covered by an export refund.
(2) Regulation (EC) No 2038/1999 provides that when refunds on white and raw sugar, undenatured and exported in its unaltered state, are being fixed account must be taken of the situation on the Community and world markets in sugar and in particular of the price and cost factors set out in Article 19 of that Regulation; whereas the same Article provides that the economic aspect of the proposed exports should also be taken into account.
(3) The refund on raw sugar must be fixed in respect of the standard quality; the latter is defined in Article 1 of Council Regulation (EC) No 431/68 of 9 April 1968 determining the standard quality for raw sugar and fixing the Community frontier crossing point for calculating cif prices for sugar(3), as amended by Regulation (EC) No 3290/94(4); furthermore, this refund should be fixed in accordance with Article 19(4) of Regulation (EC) No 2038/1999; candy sugar is defined in Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector(5); the refund thus calculated for sugar containing added flavouring or colouring matter must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content.
(4) The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for sugar according to destination.
(5) In special cases, the amount of the refund may be fixed by other legal instruments.
(6) The refund must be fixed every two weeks; whereas it may be altered in the intervening period.
(7) It follows from applying the rules set out above to the present situation on the market in sugar and in particular to quotations or prices for sugar within the Community and on the world market that the refund should be as set out in the Annex hereto.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 2038/1999, undenatured and exported in the natural state, are hereby fixed to the amounts shown in the Annex hereto.
This Regulation shall enter into force on 17 May 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
31987R4132 | Commission Regulation (EEC) No 4132/87 of 9 December 1987 determining the conditions for the inclusion of bourbon whisky under subheading Nos 2208 30 11 and 2208 30 19 of the combined nomenclature
| COMMISSION REGULATION (EEC) N° 4132/87
of 9 December 1987
determining the conditions for the inclusion of bourbon whiskey under subheadings
2208 30 11 and 2208 30 19 of the combined nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) N° 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1) and in particular Article 11 thereof,
Whereas Council Regulation (EEC) N° 950/68 of 28 June 1968 on the Common Customs Tariff (2), as last amended by Regulation (EEC) N° 3529/87 (3), established the Common Customs Tariff on the basis of the nomenclature of the Convention of 15 December 1950 concerning the nomenclature to be used for the classification of goods in customs tariffs;
Whereas on the basis of Council Regulation (EEC) N° 97/69 of 16 January 1969 on measures to be taken for the uniform application of the nomenclature of the Common Customs Tariff (4), as last amended by Regulation (EEC) N° 2055/84 (5), Commission Regulation (EEC) N° 2552/69 (6), as last amended by the Act of Accession of Spain and Portugal, determined the conditions for the inclusion of bourbon whiskey under subheading 22.09 C III a) of the Common Customs Tariff;
Whereas Regulation (EEC) N° 2658/87 has repealed and replaced, on the one hand, Regulation (EEC) N° 950/68 in adopting the new tariff and statistical nomenclature (combined nomenclature) based on the International Convention on the Harmonized Commodity Description and Coding System and, on the other hand, Regulation (EEC) N° 97/69; whereas it is consequently appropriate, for reasons of clarity, to replace Regulation (EEC) N° 2552/69 by a new regulation taking over the new nomenclature as well as the new legal base; whereas, for the same reasons, it is appropriate to incorporate in this new text all the amendments made to date;
Whereas Regulation (EEC) N° 2658/87 covers bourbon whiskey under subheadings 2208 30 11 and 2208 30 19; whereas inclusion under that subheading is subject to conditions laid down in the relevant Community provisions;
whereas, in order to ensure uniform application of the nomenclature of the Common Customs Tariff, provisions are required to determine those conditions;
Whereas identification of bourbon whiskey is particularly difficult; whereas it can be made considerably easier if the exporting country gives an assurance that the product exported corresponds to the description of the product in question; whereas, consequently, a product should not be included under the abovementioned subheadings unless it is accompanied by a certificate of authenticity which, being issued by a body acting under the responsibility of the exporting country, provides such an assurance;
Whereas it is appropriate to specify the form which such certificate must take and the conditions for its use; whereas, furthermore, measures must be introduced to enable the Community to keep check upon the conditions of issue of the said certificate; whereas accordingly certain obligations should be imposed on the issuing authority;
Whereas the certificate of authenticity should be drawn up in one of the official Community languages and, where appropriate, an official language of the exporting country;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Nomenclature Committee,
The inclusion of bourbon whiskey under subheadings 2208 30 11 and 2208 30 19 of the combined nomenclature shall be subject to presentation of a certificate of authenticity meeting the requirements specified in this Regulation.
1. The certificate corresponding to the specimen in Annex I shall be printed and drawn up in one of the official languages of the European Economic Community and, where appropriate, an official language of the exporting country. The size of the certificate shall be approximately 210 × 297 millimetres. The paper used shall be white with a yellow border and weigh not less than 40 grams per square metre.
2. Each certificate shall bear an individual serial number given by the issuing authority.
3. The Customs authority of the Member State in which the products are presented may require a translation of the certificate.
The certificate shall be completed either by typing or in manuscript. In the latter case, it must be completed in ink and in block capitals.
The certificate shall be submitted to the customs authorities of the importing Member State within three months of its date of issue, together with the goods to which it refers.
1. A certificate shall be valid only if it is duly authenticated by an issuing body appearing on the list in Annex II.
2. A duly authenticated certificate is one which shows the place and date of issue and bears the stamp of the issuing body and the signature of the person or persons authorized to sign it.
1. An issuing body may appear on the list only if:
(a) it is recognized as such by the exporting country;
(b) it undertakes to verify the particulars shown in certificates;
(c) it undertakes to provide the Commission and Member States, on request, with all appropriate information to enable an assessment to be made of the particulars shown in the certificates.
2. The list shall be revised when the condition specified in paragraph 1 (a) is no longer satisfied or when an issuing body does not fulfil any of the obligations which it has undertaken.
Invoices produced in support of import declarations shall bear the serial number of the corresponding certificate.
The country listed in Annex II shall send the Commission of the European Communities specimens of the stamps used by their issuing authorities and where appropriate their authorized agents. The Commission shall forward this information to the customs authorities of the Member States.
Regulation (EEC) N° 2552/69 is hereby repealed.
0
This Regulation shall enter into force on 1 January 1988.
However, until 31 December 1988, bourbon whiskey shall also be admitted under the subheadings listed in Article 1 on presentation of a certificate of the kind used until 31 December 1987.
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 |
31988R3870 | Commission Regulation (EEC) No 3870/88 of 13 December 1988 amending Regulation (EEC) No 3540/85 laying down detailed rules for the application of the special measures for peas, field beans and sweet lupins
| COMMISSION REGULATION (EEC) No 3870/88
of 13 December 1988
amending Regulation (EEC) No 3540/85 laying down detailed rules for the application of the special measures for peas, field beans and sweet lupins
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1431/82 of 18 May 1982 laying down special measures for peas, field beans and sweet lupins (1), as last amended by Regulation (EEC) No 1104/88 (2), and in particular Article 3 (7) thereof,
Whereas the last subparagraph of Article 31a (4) of Commission Regulation (EEC) No 3540/85 (3), as last amended by Regulation (EEC) No 3197/88 (4), provides that evidence of compliance with the primary requirement is to be furnished within 12 months at the latest of the month following that in which the security is lodged; whereas that period is in certain cases insufficient in view of the administrative formalities to be completed or of the duration of transit;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Dried Fodder,
In the last subparagraph of Article 31a (4) of Regulation (EEC) No 3540/85, '12' is hereby replaced by '15'.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31999R2151 | Council Regulation (EC) No 2151/1999 of 11 October 1999 imposing a ban on flights between the territories of the Community and the Federal Republic of Yugoslavia other than the Republic of Montenegro or the Province of Kosovo, and repealing Regulation (EC) No 1064/1999
| COUNCIL REGULATION (EC) No 2151/1999
of 11 October 1999
imposing a ban on flights between the territories of the Community and the Federal Republic of Yugoslavia other than the Republic of Montenegro or the Province of Kosovo, and repealing Regulation (EC) No 1064/1999
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 301 thereof,
Having regard to Common Position 99/318/CFSP adopted by the Council on the basis of Article 15 of the Treaty on European Union concerning additional restrictive measures against the Federal Republic of Yugoslavia(1),
Having regard to the proposal from the Commission,
Whereas:
(1) The government of the Federal Republic of Yugoslavia (FRY) has continued to violate United Nations Security Council resolutions and to pursue extreme and criminally irresponsible policies, including repression against its own citizens, which constitute serious violations of human rights and international humanitarian law;
(2) Therefore, all flights between the territory of the Community and that of the Federal Republic of Yugoslavia other than the Republic of Montenegro or the Province of Kosovo should be prohibited;
(3) This prohibition should not apply, under certain conditions, to Montenegro Airlines;
(4) This measure falls under the scope of the Treaty establishing the European Community;
(5) Therefore, and notably with a view to avoiding distortion of competition, Community legislation is necessary for the implementation of this measure, whereas as far as the territory of the Community is concerned; such territory is deemed to encompass, for the purposes of this Regulation, the territories of the Member States to which the Treaty establishing the European Community is applicable, under the conditions laid down in that Treaty;
(6) There is a need to allow emergency landings and ensuring take-offs, and to allow exceptions for flights which serve strictly humanitarian purposes;
(7) There is a need for the Commission and Member States to inform each other of the measures taken under this Regulation and of other relevant information at their disposal in connection with this Regulation;
(8) For reasons of transparency and simplicity, the provisions of Council Regulation (EC) No 1064/1999 of 21 May 1999 imposing a ban on flights between the European Community and Federal Republic of Yugoslavia, and repealing Regulation (EC) No 1901/98(2) should be incorporated in this Regulation, and that Regulation should be repealed,
It shall be prohibited to take off from or land in the territory of the Community for:
(a) any aircraft operated, directly or indirectly, by a Yugoslav carrier, that is a carrier having its principal place of business or its registered office in the Federal Republic of Yugoslavia (FRY);
(b) any aircraft registered in the FRY; and
(c) any civil aircraft, that is an aircraft operated for commercial or private purposes, if it has taken off from or is destined to land in the territory of the FRY.
1. All operating authorisations for scheduled air services between any point in the territory of the Community and any point in the FRY are hereby revoked and no new operating authorisations for such services shall be granted.
2. All authorisations for charter flights, be they individual or series flights, between any point in the territory of the Community and any point in the FRY are hereby revoked and no new authorisations for such flights shall be granted.
3. No new operating authorisations shall be granted or existing ones renewed enabling aircraft that are either registered in the FRY or operated by Yugoslav carriers, to fly to or from airports in the Community.
1. Article 1 shall not apply to emergency landings and ensuing take-offs.
2. Notwithstanding Articles 1 and 2, the competent authorities of the Member States may authorise on a case-by-case basis and subject to the consultation procedure of paragraph 3, that civil aircraft take off from or land in the territory of the Community, if conclusive evidence is given to these authorities that the flight to or from the territory of the FRY serves strictly humanitarian purposes.
3. The competent authorities of a Member State which intend to authorise a take off or landing in accordance with paragraph 2 shall notify to the competent authorities of the Member States and to the Commission the grounds on which they intend to authorise the take off or landing concerned.
If, within one working day after the receipt of the said notification, a Member State or the Commission has given notice to the other Member States or the Commission of conclusive evidence that the intended flight will not serve the indicated humanitarian purposes, the Commission will convene within one working day of the said notice a meeting with the Member States in order to consult on the relevant evidence.
The Member State which intends to authorise the take off or landing shall only take a decision with regard to this authorisation when either no objections have been raised, or after the consultations on the conclusive evidence have taken place at the meeting convened by the Commission. Where an authorisation is granted after such meeting, the Member State concerned shall notify to the other Member States and the Commission the grounds on which its decision to authorise has been taken.
4. Nothing in this Regulation shall be construed as limiting the right of any aircraft to fly over the territories of the Community and the FRY for transit purposes in accordance with applicable regulations.
1. Notwithstanding Articles 1 and 2, the competent authorities listed in Annex I may authorise individual or series flights with civil aircraft as defined in Article 1(c) between the territories of the Community and the FRY, on the condition that:
(a) the aircraft used for these flights:
- are not registered in the FRY and are operated by Montenegro Airlines or by a carrier which is not a Yugoslav carrier as defined in Article 1(a); or
- are registered in the FRY and listed in Annex II, either as aircraft used by the government of Montenegro or the relevant bodies designated by the Special Representative of the UN Secretary-General for the Province of Kosovo, for non-commercial purposes, or as aircraft used by Montenegro Airlines for commercial purposes;
and
(b) the point of departure of flights, intermediate points and points of final destination in the FRY are located only in the Republic of Montenegro or the Province of Kosovo.
2. Authorisations granted under this Article shall cease to be valid if:
(a) in cases of flights to or from points in the Province of Kosovo, payments for the provision of essential services necessary for the normal execution of these flights are made to others than the providers of these services listed in Annex III, the level of such payments does not correspond to the average rates applicable for such services during the six month period before 19 June 1999 or such rates are applied on a discriminatory basis; or
(b) in cases of flights to or from points in the Republic of Montenegro, payments for the provision of essential services necessary for the normal execution of these flights, other than Air Traffic Control Services provided by the competent bodies of the FRY, are not made into the account of the competent authorities of the Republic of Montenegro, listed in Annex III, the level of such payments does not correspond to the average rates applicable during the six month period before 19 June 1999 or such rates are applied on a discriminatory basis.
3. For the purpose of this Regulation, Air Traffic Control services provided by the competent bodies of the FRY and essential services necessary for the normal execution of authorised flights provided by the entities listed in Annex III shall be deemed to be essential transit services referred to in Article 7(2)(c) of Regulation (EC) No 1294/1999(3).
Participation, knowingly and intentionally, in related activities, the object or effect of which is, directly or indirectly, to circumvent Articles 1 and 2 shall be prohibited.
Each Member State shall determine the sanctions to be imposed where the provisions of this Regulation are infringed. Such sanctions must be effective, proportionate and dissuasive.
Pending the adoption, where necessary, of any legislation to this end, the sanctions to be imposed where the provisions of this Regulation are infringed shall be those determined by the Member States in accordance with Article 5 of Regulation (EC) No 1901/98(4) or Article 6 of Regulation (EC) No 1064/1999.
The Commission and the Member States shall inform each other of the measures taken under this Regulation and supply each other with any other relevant information at their disposal in connection with this Regulation, such as breaches and enforcement problems, judgments handed down by national courts or decisions of relevant international fora.
Regulation (EC) No 1064/1999 shall be repealed and replaced by the provisions of this Regulation. Any reference to Articles of that Regulation shall be construed as a reference to the corresponding Article of this Regulation.
The Commission shall be empowered to:
(a) amend the list of competent authorities contained in Annex I on the basis of relevant information provided by the Member States;
(b) amend the list of aircraft registered in the FRY and operated by Montenegro Airlines, the Government of Montenegro or the relevant bodies designated by the Special Representative of the UN Secretary-General for the Province of Kosovo, on the basis of relevant information provided by this government or these bodies;
(c) publish and, if necessary, modify, the list of competent authorities of the Republic of Montenegro and of the relevant bodies and the essential service providers in the Province of Kosovo designated or identified as appropriate by the Special Representative of the United Nations Secretary-General for the Province of Kosovo.
The Commission shall publish these lists and any changes thereto in the Official Journal of the European Communities.
0
This Regulation shall apply:
(a) within the territory of the Community including its airspace,
(b) on board any aircraft or any vessel under the jurisdiction of a Member State,
(c) to any person elsewhere who is a national of a Member State, and
(d) to any body which is incorporated or constituted under the law of a Member State.
1
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 |
32014D0848 | 2014/848/EU, Euratom: Commission Implementing Decision of 26 November 2014 amending Decision 2010/4/EU, Euratom authorising Bulgaria to use statistics for years earlier than the last year but one, and to use certain approximate estimates for the calculation of the VAT own resources base (notified under document C(2014) 8929)
| 28.11.2014 EN Official Journal of the European Union L 343/41
COMMISSION IMPLEMENTING DECISION
of 26 November 2014
amending Decision 2010/4/EU, Euratom authorising Bulgaria to use statistics for years earlier than the last year but one, and to use certain approximate estimates for the calculation of the VAT own resources base
(notified under document C(2014) 8929)
(Only the Bulgarian text is authentic)
(2014/848/EU, Euratom)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Treaty establishing the European Atomic Energy Community,
Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular Article 4(4) and the second indent of Article 6(3) thereof,
After consulting the Advisory Committee on Own Resources,
Whereas:
(1) For the purposes of the breakdown of transactions by statistical category provided for in Article 4(4) of Regulation (EEC, Euratom) No 1553/89, Bulgaria is now able to use the national accounts relating to the last year but one before the financial year for which the VAT resources base is to be calculated. Bulgaria no longer needs to be authorised to use national accounts for years earlier than the last year but one for financial years after 2013. Article 1 should therefore be limited in time to 31 December 2013.
(2) Under Article 390a of Council Directive 2006/112/EC (2), Bulgaria may, in accordance with the conditions applying in that Member State on the date of its accession, continue to exempt the international transport of passengers as referred to in point 10 of Annex X, Part B to that Directive, for as long as the same exemption is applied in any of the Member States which were members of the Community on 31 December 2006; those transactions must be taken into account for the determination of the VAT own resources base.
(3) Bulgaria has requested authorisation from the Commission to use certain approximate estimates for the calculation of the VAT own resources base since it is unable to make the precise calculation of the VAT own resources base for transactions referred to in point 10 of Annex X, Part B to Directive 2006/112/EC. Such calculation is likely to involve an unjustified administrative burden in relation to the effect of those transactions on Bulgaria's total VAT own resources base. Bulgaria is able to make a calculation using approximate estimates for that category of transactions. Bulgaria should therefore be authorised to calculate the VAT own resources base using approximate estimates.
(4) For reasons of transparency and legal certainty it is appropriate to limit the applicability of the authorisation in time.
(5) It is therefore appropriate to amend Commission Decision 2010/4/EU,Euratom (3) accordingly,
Decision 2010/4/EU, Euratom is amended as follows:
(1) Articles 1 and 2 are replaced by the following:
(2) Article 3 is deleted.
This Decision is addressed to the Republic of Bulgaria. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31996R1153 | Commission Regulation (EC) No 1153/96 of 26 June 1996 establishing unit values for the determination of the customs value of certain perishable goods
| COMMISSION REGULATION (EC) No 1153/96 of 26 June 1996 establishing unit values for the determination of the customs value of certain perishable goods
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), as amended by Regulation (EEC) No 2454/93 (2),
Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, as last amended by Regulation (EC) No 482/96 (3), and in particular Article 173 (1) thereof,
Whereas Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation;
Whereas the result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173 (2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question,
The unit values provided for in Article 173 (1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto.
This Regulation shall enter into force on 28 June 1996.
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 |
31998R2663 | Commission Regulation (EC) No 2663/98 of 10 December 1998 opening a Community tariff quota for certain goods originating from Turkey (1999)
| COMMISSION REGULATION (EC) No 2663/98 of 10 December 1998 opening a Community tariff quota for certain goods originating from Turkey (1999)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), as last amended by Commission Regulation (EC) No 2491/98 (2), and in particular Article 7(2) thereof,
Whereas Decision No 1/97 of the EC-Turkey Association Council (3) lays down, with a view to promoting the development of trade in accordance with the objectives of the Customs Union, annual quotas expressed in terms of value concerning, for the Community, certain pasta products and, for Turkey, certain processed agricultural products covered by Chapter 19 of the Combined Nomenclature;
Whereas 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), as last amended by Regulation (EC) No 1677/98 (5), consolidated the arrangements for managing the tariff quotas to be used in chronological order of the dates of acceptance of the declarations for release for free circulation;
Whereas Article 2 of Council Regulation (EC) No 1103/97 of 17 June 1997 on certain provisions relating to the introduction of the euro (6) provides that as from 1 January 1999, all references to the ecu in legal instruments are to be replaced by references to the euro at the rate of EUR 1 to ECU 1; whereas, for the sake of clarity, the denomination 'euro` should be used in this Regulation since it is to apply from 1 January 1999;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for horizontal questions concerning trade in processed agricultural products not listed in Annex II,
1. The Community tariff quota given in the Annex to this Regulation shall be opened from 1 January to 31 December 1999.
2. The benefit of this tariff quota shall be subject to the presentation of a certificate A.TR in accordance with Decision No 1/96 of the EC-Turkey Customs Cooperation Committee (7).
The Community tariff quota referred to in Article 1 shall be managed by the Commission in accordance with the provisions of Articles 308a to 308c of Regulation (EEC) No 2454/93.
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
32011R0855 | Commission Regulation (EU) No 855/2011 of 23 August 2011 establishing a prohibition of fishing for skates and rays in EU waters of IIa and IV by vessels flying the flag of the Netherlands
| 26.8.2011 EN Official Journal of the European Union L 220/1
COMMISSION REGULATION (EU) No 855/2011
of 23 August 2011
establishing a prohibition of fishing for skates and rays in EU waters of IIa and IV by vessels flying the flag of the Netherlands
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,
Whereas:
(1) Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (2), lays down quotas for 2011.
(2) According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2011.
(3) It is therefore necessary to prohibit fishing activities for that stock,
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2011 shall be deemed to be exhausted from the date set out in that Annex.
Prohibitions
Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.
Entry into force
This Regulation shall enter into force on the day following 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 |
32003R1121 | Commission Regulation (EC) No 1121/2003 of 26 June 2003 concerning tenders notified in response to the invitation to tender for the export of rye issued in Regulation (EC) No 935/2003
| Commission Regulation (EC) No 1121/2003
of 26 June 2003
concerning tenders notified in response to the invitation to tender for the export of rye issued in Regulation (EC) No 935/2003
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2),
Having regard to Commission Regulation (EC) No 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), as last amended by Regulation (EC) No 1163/2002(4), as amended by Regulation (EC) No 1324/2002(5), and in particular Article 7 thereof,
Whereas:
(1) An invitation to tender for the refund for the export of rye to certain third countries was opened pursuant to Commission Regulation (EC) No 935/2003(6).
(2) Article 7 of Regulation (EC) No 1501/95 allows the Commission to decide, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92 and on the basis of the tenders notified, to make no award.
(3) On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95 a maximum refund 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 20 to 26 June 2003 in response to the invitation to tender for the refund for the export of rye issued in Regulation (EC) No 935/2003.
This Regulation shall enter into force on 27 June 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32012R0800 | Commission Implementing Regulation (EU) No 800/2012 of 5 September 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables
| 6.9.2012 EN Official Journal of the European Union L 240/4
COMMISSION IMPLEMENTING REGULATION (EU) No 800/2012
of 5 September 2012
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1) Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.
(2) The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31985R3190 | Commission Regulation (EEC) No 3190/85 of 14 November 1985 authorizing, in the Châteauneuf-du-Pape and Gigondas registered designation areas, the additional acidification of certain products from the 1985 wine harvest
| COMMISSION REGULATION (EEC) No 3190/85
of 14 November 1985
authorizing, in the Châteauneuf-du-Pape and Gigondas registered designation areas, the additional acidification of certain products from the 1985 wine harvest
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 798/85 (2), and in particular Article 34 (4) thereof,
Whereas Article 34 (2) of Regulation (EEC) No 337/79 provides that, in years when climatic conditions have been exceptional, additional acidification may be authorized up to a limit of 1,50 grams per litre expressed in tartaric acid, or 20 milliequivalents, for certain products originating in Zone C II;
Whereas exceptional climatic conditions were experienced in the Châteauneuf-du-Pape and Gigondas registered designation areas, which have resulted in the total acidity being lower than normal;
Whereas Article 9 of Council Regulation (EEC) No 338/79 of 5 February 1979 laying down special provisions relating to quality wines produced in specified regions (3), as last amended by Regulation (EEC) No 3687/84 (4) provides that the conditions and limits within which the acidification of certain products may take place and the procedure whereby authorization may be granted are those laid down in Article 34 of Regulation (EEC) No 337/79;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,
The additional acidification referred to in Article 34 (2) of Regulation (EEC) No 337/79 is hereby authorized, to a limit of 1,50 g/l expressed in tartaric acid, in the Châteauneuf-du-Pape and Gigondas areas of registered designation, for fresh grapes harvested in those areas in 1985 and for grape must, partially fermented grape must and new wine still in fermentation produced from those grapes.
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 |
32006R1587 | Commission Regulation (EC) No 1587/2006 of 23 October 2006 amending Council Regulation (EC) No 765/2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus
| 25.10.2006 EN Official Journal of the European Union L 294/25
COMMISSION REGULATION (EC) No 1587/2006
of 23 October 2006
amending Council Regulation (EC) No 765/2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus (1), and in particular Article 8(a) thereof,
Whereas:
(1) In accordance with Regulation (EC) No 765/2006, all funds and economic resources belonging to, owned, held or controlled by President Lukashenko as well as those belonging to, owned, held or controlled by certain other officials of Belarus who are responsible for the violations of international electoral standards in the presidential elections in Belarus on 19 March 2006 and the crackdown on civil society and democratic opposition, and those natural or legal persons, entities and bodies associated with them, as listed in Annex I to that Regulation, are frozen.
(2) Council Decision 2006/718/CFSP (2) amended Annex IV to Common Position 2006/276/CFSP (3) which sets out the list of natural and legal persons, entities and bodies to whom the freezing of funds and economic resources provided for in the Common Position, should apply. Annex I should therefore be amended accordingly.
(3) In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,
Annex I to Regulation (EC) No 765/2006 is hereby amended as set out 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 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32008D0261 | 2008/261/EC: Council Decision of 28 February 2008 on the signature, on behalf of the European Community, and on the provisional application of certain provisions of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis
| 26.3.2008 EN Official Journal of the European Union L 83/3
COUNCIL DECISION
of 28 February 2008
on the signature, on behalf of the European Community, and on the provisional application of certain provisions of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis
(2008/261/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Articles 62, 63, points 3(a) and (b), Articles 66 and 95 in conjunction with the second sentence of the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) On 27 February 2006, the Council authorised negotiations with the Principality of Liechtenstein and the Swiss Confederation concerning a Protocol on the accession of Liechtenstein to the Agreement of 26 October 2004 between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (hereinafter referred to as the Protocol and the Agreement, respectively). Those negotiations have been finalised, and the Protocol was initialled in Brussels on 21 June 2006.
(2) Subject to its conclusion at a later date, it is desirable to sign the Protocol.
(3) The Protocol envisages the temporary application of certain of its provisions. Those provisions should be applied on a temporary basis pending the Protocol's entry into force.
(4) Insofar as the development of the Schengen acquis which falls under the Treaty establishing the European Community is concerned, it is appropriate upon signature of the Protocol to make Decision 1999/437/EC (1) apply, mutatis mutandis, to relations with the Principality of Liechtenstein.
(5) This Decision does not prejudice the position of the United Kingdom, under the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community and Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
(2).
(6) This Decision does not prejudice the position of Ireland under the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community and Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis
(3).
(7) This Decision does not prejudice the position of Denmark, under the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community,
Subject to its conclusion at a later date, the President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community, the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis and related documents.
The texts of the Protocol and the related documents are attached to this Decision (4).
This Decision applies to the fields covered by the provisions listed in Article 2(1) and (2) of the Protocol and to their development to the extent that such provisions have a legal base within the Treaty establishing the European Community, or to the extent that it has been determined under Council Decision 1999/436/EC (5), that they have such a base.
The provisions of Articles 1 to 4 of Decision 1999/437/EC shall apply, mutatis mutandis, to the association of Liechtenstein with the implementation, application and development of the Schengen acquis, which falls under the Treaty establishing the European Community.
In accordance with Article 9(2) of the Protocol, Articles 1, 4 and 5(2)(a) first sentence of the Protocol and the rights and obligations set out in Article 3, points (1) to (4), Articles 4, 5, and 6 of the Agreement shall be applied on a provisional basis as of the time of signature of the Protocol, pending its entry into force. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31994R1264 | Council Regulation (EC) No 1264/94 of 30 May 1994 prohibiting the satisfying of claims by the Haitian authorities with regard to contracts and transactions the performance of which was affected by the measures imposed by or pursuant to United Nations Security Council resolutions 917 (1994), 841 (1993), 873 (1993) and 875 (1993)
| COUNCIL REGULATION (EC) No 1264/94 of 30 May 1994 prohibiting the satisfying of claims by the Haitian authorities with regard to contracts and transactions the performance of which was affected by the measures imposed by or pursuant to United Nations Security Council resolutions 917 (1994), 841 (1993), 873 (1993) and 875 (1993)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 73g and Article 228a thereof,
Having regard to Council Decision 94/315/CFSP of 30 May 1994 concerning the common position defined on the basis of Article J.2 of the Treaty on European Union regarding the reduction of economic relations with Haiti (1),
Having regard to the proposal from the Commission,
Whereas under Council Regulation (EEC) No 1608/93 of 24 June 1993 introducing an embargo concerning certain trade between the European Economic Community and Haiti (2) and Council Regulation (EEC) No 3028/93 of 28 October 1993 ropealing the suspension of the embargo concerning certain trade between the European Economic Community and Haiti and amending Regulation (EEC) No 1608/93 introducing this embargo (3) and Council Regulation (EC) No 1263/94 of introducing a discontinuation of certain financial and economic relations with Haiti (4);
Whereas, as a consequence of these measures, economic operators in the Community and third countries are exposed to the risk of claims by the authorities of Haiti concerning contracts or transactions the performance of which was affected by United Nations Security Council resolutions 917 (1994), 841 (1993), 873 (1993) and 875 (1993);
Whereas paragraph 11 of resolution 917 (1994) obliges all States to prevent the satisfaction of such claims by the Haitian authorities;
Whereas it is therefore necessary to protect economic operators permanently against such claims and to prevent the authorities of Haiti from obtaining compensation for the negative effects of the embargo;
Whereas the Community considers that, in deciding whether to reduce of lift measures taken against the authorities of Haiti, particular account must be taken of any failure by these authorities to comply with paragraph 11 of resolution 917 (1994),
For the purposes of this Regulation:
1. 'contract or transaction' means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose 'contract' includes a bond, financial guarantee and indemnity or credit whether legally independent or not and any related provision arising under or in connection with the transaction;
2. 'claim' means any claim, whether asserted by legal proceedings or not, made before or after the date of entry into force of this Regulation, under or in connection with a contract or transaction, and in particular includes:
(a) a claim for performance of any obligation arising under in connection with a contract or transaction;
(b) a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;
(c) a claim for compensation in respect of a contract or transaction;
(d) a counter-claim;
(e) a claim for the recognition or enforcement, including by the procedure of exequatur, of a judgment, an arbitration award or an equivalent decision, wherever made or given;
3. 'measures decided on pursuant to United Nations Security Council resolution 917 (1994) and related resolutions' means measures of the United Nations Security Council or measures introduced by the European Communities or any State, country or international organization in conformity with, as required by or in connection with the implementation of relevant decisions fo the United Nations Security Council, or any action authorized by the United Nations Security Council, in respect of the discontinuation of certain financial and economic relations with Haiti;
4. 'person or body in Haiti' means
(a) the authorities in Haiti;
(b) any Haitian national;
(c) any body having its registered office or head-quartes in Haiti;
(d) any body controlled, directly or indirectly, by one or more of the abovementioned persons or bodies;
(e) any person claiming through or for the benefit of any person or body referred to in (a), (b), (c) or (d).
Without prejudice to Article 2, performance of a contract or transaction shall also be regarded as having been affected by measures decided on pursuant to United Nations Security Council resolution 917 (1994) and related resolutions where the existence or content of the claim results directly or indirectly from those measures.
1. It shall be prohibited to satisfy or to take any step to salisty a claim made by:
(a) a person or body in Haiti or acting through a person or body in Haiti;
(b) any person or body acting, directly or indirectly, on behalf of or for the benefit of one or more persons or bodies in Haiti;
(c) any person or body taking advantage of a transfer or rights of, otherwise claiming through or under, one or more persons or bodies in Haiti;
(d) any other person or body referred to in paragraph 11 of United Nations Security Council regulation 917 (1994);
(e) any person or body making a claim arising from or in connection with the payment of a bond or financial guarantee or indemnity to one or more of the abovementioned persons or bodies,
under or in connection with a contract or transaction the performance of which was affected, directly or indirectly, wholly or in part, by the measures decided on pursuant to United Nations Security Council resolution 917 (1994) and related resolutions.
2. The prohibition referred to in paragraph 1 shall apply within the Community and to any national of a Member State and any body with is incorporated or constituted under the law of a Member State.
Without prejudice to the measures decided on pursuant to United Nations Security Council resolution 917 (1994) and related resolutions, Article 2 shall not apply:
(a) to claims relating to contracts or transactions, with the exception of any bond, financial guarantee or indemnity, in respect of which the persons or bodies referred to in the said Article prove to a court in a Member State that the claim was accepted by the parties prior to the adoption of the measures decided on pursuant to United Nations Security Council resolution 917 (1994) and related resolutions, and that those measures have had no effect on the existence or content of the claim;
(b) to claims for payment under an insurance contract in respect of an event occurring prior to the adoption of the measures referred to in Article 2 or under an insurance contract where such insurance is compulsory under the law of a Member State;
(c) to claims for payment of sums paid into an account payment from which was blocked pursuant to the measures referred to in Article 2 provided that such payment does not concern sums paid under bonds in respect of contracts referred to in the said
Article;
(d) to claims relating to contracts of employment subject to the law of any Member State;
(e) to claims for payment for goods which the persons or bodies referred to in Article 2 prove to a court in a Member State were exported prior to the adoption of the measures decided on pursuant to United Nations Security Council resolution 917 (1994) and related resolutions and that those measures have had no effect on the existence or content of the claim;
(f) to claims for sums which the persons or bodies referred to in Article 2 prove to a court in a Member State are due under any loan made prior to the adoption of the measures decided on pursuant to United Nations Security Council resolution 917 (1994) and related resolutions and that those measures have had no effect on the existence or content of the claim,
provided that the claim includes no amount, by way of interest, charge or otherwise, to compensate for the fact that performance was, as a result of those measures, not made in accordance with the terms of the relevant contract or transaction.
In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by Article 2 shall be on the person seeking the enforcement of that claim.
Each Member State shall determine the sanctions to be imposed where the provisions of this Regulation are infringed.
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 |
31994D0867 | 94/867/EC: Commission Decision of 20 December 1994 approving the 1995 programme presented by Denmark for the monitoring and control of salmonella in breeding poultry and setting the level of the Community' s financial contribution (Only the Danish text is authentic)
| COMMISSION DECISION of 20 December 1994 approving the 1995 programme presented by Denmark for the monitoring and control of salmonella in breeding poultry and setting the level of the Community's financial contribution (Only the Danish text is authentic) (94/867/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EC (2), and in particular Articles 32 and 24 (6) thereof,
Whereas Chapter 2 of Title III of Decision 90/424/EEC provides that the Community may make a financial contribution to the checks aimed at the prevention of zoonoses;
Whereas Denmark has presented its programme for the monitoring and control of salmonella in breeding poultry for 1995;
Whereas the said programme is included in the list of programmes for the prevention of zoonoses which may receive a financial contribution from the Community in 1995, as laid down in Commission Decision 94/756/EC (3);
Whereas in view of the programme's important role in achieving the objectives pursued by the Community as regards the prevention of zoonoses the Community's financial contribution should be set at 50 % of the costs borne by Denmark, with a maximum of ECU 660 000;
Whereas this programme is part of a plan to monitor and control salmonella in poultry flocks;
Whereas the Community will make a financial contribution provided that the measures planned are carried out and the authorities supply all the information necessary within the time limit laid down;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
The programme for the monitoring and control of salmonella in breeding poultry presented by Denmark is hereby approved for the period 1 January to 31 December 1995.
1. The Community's financial contribution is hereby set at 50 % of the costs borne by Denmark for the implementation of the programme referred to in Article 1, with a maximum of ECU 660 000, for:
- the slaughter of poultry,
- the destruction of poultry,
- the destruction of eggs.
2. The Community's financial contribution shall be granted after:
- A quarterly report has been forwarded to the Commission on the progress of the measure and the expenditure incurred,
- a final report has been forwarded to the Commission by 1 June 1996 at the latest on the technical implementation of the measure, accompanied by supporting documents relating to the expenditure incurred.
This Decision is addressed to the Kingdom of Denmark. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31985R1457 | Commission Regulation (EEC) No 1457/85 of 31 May 1985 limiting for the 1985/86 marketing year the production aid for cherries preserved in syrup
| COMMISSION REGULATION (EEC) No 1457/85
of 31 May 1985
limiting for the 1985/86 marketing year the production aid for cherries preserved in syrup
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 516/77 of 14 March 1977 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) No 746/85 (2), and in particular Article 3 (3) thereof,
Having regard to Council Regulation (EEC) No 991/84 of 31 March 1984 limiting the production aid granted in respect of certain fruits in syrup (3), and in particular Article 2 thereof,
Whereas Regulation (EEC) No 991/84 fixed at 24 872 tonnes and 51 282 tonnes respectively the quantities of Bigarreau cherries and other sweet cherries preserved in syrup, and Morello cherries preserved in syrup, which are eligible for aid; whereas provisions should be laid down governing the distribution of these overall quantities among the various processing undertakings;
Whereas, for that purpose, the most recent reliable data available on total quantities produced should be used as a basis;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
1. For the 1985/86 marketing year production aid for each processing undertaking shall be limited:
(a) in the case of Bigarreau cherries and other sweet cherries in syrup, falling within subheading 20.06 B of the Common Customs Tariff, to 81,07 %;
(b) in the case of Morello cherries in syrup, falling within subheading 20.06 B of the Common Customs Tariff, to 70,33 %.
2. The percentages referred to in paragraph 1 shall in respect of undertakings which have started their production before the 1983/84 marketing year apply to one-third of the net weight of the total quantity produced during the 1982/83, 1983/84 and 1984/85 marketing years.
In respect of undertakings which have started their production during the marketing year:
(a) 1983/84, the percentages shall apply to be half of the net weight of the total quantity produced during the 1983/84 and 1984/85 marketing years;
(b) 1984/85, the percentages shall apply to the net weight of the total quantity produced during that year.
For the purpose of this paragraph the total quantity produced during the 1984/85 marketing year means the quantity of cherries in syrup obtained from Bigarreaux and other sweet cherries, and Morello cherries respectively, which has been communicated to the competent authorities and approved by them.
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 | 1 | 0 |
32002R1243 | Commission Regulation (EC) No 1243/2002 of 10 July 2002 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards the flat-rate aid for hazelnuts harvested during the 2001/02 marketing year
| Commission Regulation (EC) No 1243/2002
of 10 July 2002
laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards the flat-rate aid for hazelnuts harvested during the 2001/02 marketing year
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 organization of the market in fruit and vegetables(1), as last amended by Commission Regulation (EC) No 545/2002(2), and in particular Article 55 thereof,
Whereas:
(1) In order to deal with the particularly difficult market conditions in the hazelnut sector, flat-rate aid is granted for the 2001/02 marketing year.
(2) In accordance with the objectives of the common organisation of the markets, that aid is granted to producer organisations recognised under Council Regulation (EEC) No 1035/72(3), as last amended by Commission Regulation (EC) No 1363/95(4), or Regulation (EC) No 2200/96. To enhance the results produced by the specific measures already implemented, that aid is granted only on condition that the aforementioned producer organisations implement in 2001 either a quality improvement plan within the meaning of Article 14(d) of Regulation (EEC) No 1035/72 or an operational programme within the meaning of Regulation (EC) No 2200/96.
(3) The beginning of the marketing year should be amended to take account of the effective harvest of hazelnuts, without however excluding from the scope of aid the products brought by the producers who joined the organisations between 1 and 31 August 2001.
(4) To ensure efficient payment of aid due to the beneficiaries, deadlines should be set for the producer organisations to lodge their applications and for payment of aid by the competent authorities.
(5) Since the aid is granted to the producers of hazelnuts, the producer organisation must pay the amount received in full to the producers, although an administration charge may be retained by the producer organisation.
(6) To ensure the effectiveness of the system of flat-rate aid, procedures should be laid down for checks and, where undue payments are made, penalties.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,
1. The flat-rate aid of EUR 15 per 100 kilograms referred to in Article 55 of Regulation (EC) No 2200/96 shall be granted to producer organisations which:
(a) implemented in 2001 a quality and marketing improvement plan within the meaning of Article 14(d) of Regulation (EEC) No 1035/72 and are not eligible for an extension of said plan under Articles 1 and 2 of Regulation (EC) No 545/2002, and/or
(b) have been recognised pursuant to:
(i) Article 13 of Regulation (EC) No 2200/96 and implemented an action plan in 2001, or
(ii) Article 11 of Regulation (EC) No 2200/96, and implemented an operational programme in 2001.
2. To qualify for this aid, producer organisations must be recognised in respect of their production of hazelnuts.
1. The aid referred to in Article 1 shall be allocated for hazelnuts in their shells falling within CN code 0802 21 00, of sound, fair and merchantable quality produced by members of the producer organisation during the 2001/02 marketing year, delivered to the producer organisation and taken over by that organisation.
2. "Members of the producer organisation" shall mean members belonging to the producer organisation at the beginning of the 2001/02 marketing year and new members who joined the organisation up to 31 August 2001.
3. The hazelnut 2001/02 marketing year shall begin on 1 August 2001 and finish on 31 July 2002.
1. Producer organisations shall submit an aid application to the competent authorities not later than 30 September 2002 for quantities produced during the 2001/02 marketing year, accompanied by supporting documentation.
2. Member States shall pay the producer organisations by 30 November 2002 at the latest.
3. The aid received by the producer organisation shall be paid within 15 days in full to the producers in proportion to the quantities delivered by the producers. The producer organisation may, however, retain a maximum of 2 % of the value of the aid to cover administrative costs directly relating to this measure.
1. Member States shall carry out checks on producer organisation papers and supporting documentation and on-the-spot checks to ensure that the information submitted is correct.
2. Both above checks shall be made on all the producer organisations that have applied for Community aid under this Regulation. The checks must cover producer organisation accounts as well as the situation regarding hazelnut stocks. The checks may be carried out at the same time as or combined with checks already provided for under Commission Regulations (EEC) No 2159/89(5) and (EC) No 609/2001(6).
3. Member States shall ensure compliance with the conditions laid down in Article 3(1) and (2) and that the information provided by the producer organisations when they submit their aid application is consistent with the data submitted in the improvement plan and/or operational programme or action plan referred to in Article 1(1).
1. The beneficiary of any undue payment shall reimburse twice the aid unduly paid or requested, increased by an interest rate calculated as a function of the period between the payment of the aid and reimbursement by the beneficiary in particular in cases where a check carried out pursuant to Article 4 shows that the quantities of hazelnuts actually harvested as defined in Article 2(1):
(a) are smaller than those indicated in the aid application;
(b) include hazelnuts from producers not eligible under this Regulation.
However, the penalty referred to in the first subparagraph shall not apply where the beneficiary proves to the satisfaction of the competent national authority that the irregularities committed are not intentional or due to serious negligence on his part. In such cases, the beneficiary shall pay only the undue amount paid plus interest.
2. The interest rate shall be that applied by the European Monetary Institute to its operations in euro, published in the C series of the Official Journal of the European Communities, which is in force on the date of the undue payment, increased by three percentage points.
3. Where the aid unduly paid or requested referred to in paragraph 1 is greater than 20 % of the aid due, the beneficiary shall repay the Community aid paid to him in full, increased by the interest referred to in paragraph 1.
4. The amounts recovered and the interest thereon shall be paid to the competent paying agency and deducted from the expenditure financed by the European Agricultural Guidance and Guarantee Fund.
5. Where a false declaration is made deliberately or through grave negligence, the producer organisation concerned shall be disqualified for the aid provided for under this Regulation.
6. Paragraphs 1 to 5 shall apply without prejudice to other penalties to be applied under Article 48 of Regulation (EC) No 2200/96.
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
32001R1216 | Commission Regulation (EC) No 1216/2001 of 20 June 2001 laying down detailed rules for applying the tariff quotas for beef and veal originating in Estonia, Latvia and Lithuania for the period 1 July 2001 to 30 June 2002
| Commission Regulation (EC) No 1216/2001
of 20 June 2001
laying down detailed rules for applying the tariff quotas for beef and veal originating in Estonia, Latvia and Lithuania for the period 1 July 2001 to 30 June 2002
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), and in particular Article 32(1) thereof,
Having regard to Council Regulation (EC) No 1349/2000 of 19 June 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 Estonia(2), as amended by Regulation (EC) No 2677/2000(3), and in particular Article 1(3) thereof,
Having regard to Council Regulation (EC) No 2341/2000 of 17 October 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 Latvia(4), and in particular Article 1(3) thereof,
Having regard to Council Regulation (EC) No 2766/2000 of 14 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 Lithuania(5), and in particular Article 1(3) thereof,
Whereas:
(1) Regulations (EC) No 1349/2000, (EC) No 2341/2000 and (EC) No 2766/2000 provide for the opening of certain annual tariff quotas for products made from beef and veal. Imports under those quotas benefit from an 80 % reduction in the customs duties set out in the Common Customs Tariff (CCT) where the products concerned originate in Lithuania and Latvia, and an exemption where the products originate in Estonia. Detailed rules for applying these quotas should be laid down for the period from 1 July 2001 to 30 June 2002.
(2) In view of the risk of speculation inherent in these arrangements for beef and veal, clear conditions should be laid down as regards access by traders. Verification of these conditions requires applications to be submitted in the Member State in which the importer is entered in the value added tax register.
(3) Provision should be made for import rights to be allocated after a period for consideration and, where necessary, the application of a single percentage reduction.
(4) While the provisions of the agreements intended to guarantee the origin of the product should be complied with, the administration of the arrangements should be based on import licences. To that end, detailed rules should be laid down, in particular, on the submission of applications and the information which must appear in applications and licences, if necessary derogating from or supplementing certain provisions of Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products(6), as last amended by Regulation (EC) No 1095/2001(7), and Commission Regulation (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef and veal sector and repealing Regulation (EEC) No 2377/80(8), as last amended by Regulation (EC) No 24/2001(9).
(5) In order to prevent speculation, import licences should be issued to traders solely for the quantities for which they have been allocated import rights.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
1. During the period 1 July 2001 to 30 June 2002, the following may be imported in accordance with this Regulation:
- 1950 tonnes of fresh, refrigerated or frozen beef and veal falling within CN codes 0201 and 0202 originating in Lithuania, Latvia and Estonia. The serial number of the quota shall be 09.4561,
- 250 tonnes of products falling within CN code 1602 50 10 originating in Latvia. The serial number of the quota shall be 09.4562.
2. For the quantities mentioned in paragraph 1, the rates of customs duty fixed in the Common Customs Tariff (CCT) shall be:
- reduced by 80 % for quantities originating in Lithuania and Latvia,
- fixed at 0 for quantities originating in Estonia.
1. In order to qualify for the import quotas referred to in Article 1, applicants must be natural or legal persons who, at the time they submit their applications, can prove to the satisfaction of the competent authorities of the Member State concerned that they have been active in trade in beef and veal with third countries at least once during the last 12 months.
2. Applications for import rights may be submitted only in the Member State in which the applicant is entered in the national VAT register.
3. For each of the groups of products referred to in the first and second indents of Article 1(1):
- applications for import rights must cover a minimum of 15 tonnes of product without exceeding the quantity available,
- applicants may submit only one application,
- where an applicant submits more than one application for a group, all its applications for that group shall be rejected.
1. Applications for import rights may be submitted only between 6 and 16 July 2001.
2. After checking the documents submitted, within five working days of the end of the period for the submission of applications, Member States shall send the Commission the list of applicants and the quantities applied for with respect to each serial number.
All communications, including nil returns, shall be sent by fax using the forms in Annexes I and II.
3. The Commission shall decide as soon as possible the extent to which applications may be accepted for each group of products referred to in the indents of Article 1(1). Where the quantities for which applications have been submitted exceed the quantities available, the Commission shall fix a single percentage reduction for the quantities for each group of products referred to in the indents of Article 1(1).
1. The quantities allocated shall be imported subject to presentation of one or more import licences.
2. Import licence applications may be submitted only:
- in the Member State in which the application for import rights has been lodged,
- by traders to whom import rights have been allocated in accordance with Article 3(3). The import rights allocated to traders shall entitle them to be issued with import licences for a quantity equal to the rights allocated.
3. The following information shall be entered on licence applications and licences:
(a) in box 8:
- in the case of the first indent of Article 1(1), the country of origin,
- in the case of the second indent of Article 1(1), "Latvia".
Licences shall carry an obligation to import from one or more of the countries indicated;
(b) in box 16, one of the following groups of combined nomenclature subheadings within the same indent:
- 0201, 0202,
- 1602 50 10;
(c) in box 20, at least one of the following:
- Reglamento (CE) n° 1216/2001
- Forordning (EF) nr. 1216/2001
- Verordnung (EG) Nr. 1216/2001
- Κανονισμός (ΕΚ) αριθ. 1216/2001
- Regulation (EC) No 1216/2001
- Règlement (CE) n° 1216/2001
- Regolamento (CE) n. 1216/2001
- Verordening (EG) nr. 1216/2001
- Regulamento (CE) n.o 1216/2001
- Asetus (EY) N:o 1216/2001
- Förordning (EG) nr 1216/2001
4. Licences shall be valid throughout the Community.
Regulations (EC) No 1291/2000 and (EC) No 1445/95 shall apply without prejudice to this Regulation.
Products shall qualify for the duties referred to in Article 1 on presentation of an EUR.1 movement certificate issued by the exporting country in accordance with Protocol 3 annexed to the Europe Agreements with the Baltic countries or a declaration drawn up by the exporter in accordance with that Protocol.
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 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 |
31989R0597 | Commission Regulation (EEC) No 597/89 of 8 March 1989 laying down provisions for the implementation of Council Regulation (EEC) No 2144/87 on customs debt
| COMMISSION REGULATION (EEC) No 597/89
of 8 March 1989
laying down provisions for the implementation of Council Regulation (EEC) No 2144/87 on customs debt
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2144/87 of 13 July 1987 on customs debt (1), as amended by Regulation (EEC) No 4108/88 (2), and in particular Article 12 thereof,
Whereas Article 2 (1) (c) of Regulation (EEC) No 2144/87 stipulates that a customs debt on importation is incurred where goods liable to import duties are removed from the customs supervision involved in the temporary storage of the goods or their being placed under a customs regime involving customs supervision; whereas the following constitute a particular form of removal of goods from customs supervision: the customs declaration for the goods in question, any other act having the same legal effects and the production for endorsement by the competent authorities of a document, where the effect of this declaration, act or presentation is that the legal status of Community goods is wrongly conferred on goods liable to import duties;
Whereas, where the amount of a customs debt on importation incurred by virtue of Article 2 (1) (b), (c), (d) or (g) of Regulation (EEC) No 2144/87 has been paid, the said customs debt is extinguished; whereas in such a case the incurrence of a new customs debt on importation in respect of the same goods should be avoided; whereas it should consequently be stipulated that such goods must be considered ipso facto to be in free circulation; whereas this is without prejudice to the provisions concerning prohibitions or restrictions which may be applicable to the goods in question;
Whereas Article 8 (1) (b) of Regulation (EEC) No 2144/87 lays down that a customs debt is extinguished by confiscation of the goods; whereas, in the case of imported goods, the result of confiscation must not however be that the goods can be consumed or used in the Community under the same conditions as goods released for free circulation against payment of import duties; whereas the said goods must therefore retain their non-Community status after confiscation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on General Customs Rules,
The presentation of a customs declaration for the goods in question, or any other act having the same legal effects, and the production for endorsement by the competent authorities of a document, shall be considered as removal of goods from customs supervision within the meaning of Article 2 (1) (c) of Regulation (EEC) No 2144/87, to the extent that these acts have the effect of wrongly conferring on them the legal status of Community goods.
Without prejudice to the provisions laid down prohibitions or restrictions which may be applicable to the goods in question, where a customs debt on importation is incurred pursuant to Article 2 (1) (b), (c), (d) or (g) of Regulation (EEC) No 2144/87 and the import duties have been paid, those goods shall be deemed to be Community goods without the need for a declaration for entry into free circulation.
The confiscation of goods pursuant to Article 8 (1) (b) of Regulation (EEC) No 2144/87 shall not affect the legal status of the goods in question.
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 |
31997D0832 | 97/832/EC: Council Decision of 27 November 1997 concerning the conclusion of an Agreement between the European Community and the former Yugoslav Republic of Macedonia in the field of transport
| COUNCIL DECISION of 27 November 1997 concerning the conclusion of an Agreement between the European Community and the former Yugoslav Republic of Macedonia in the field of transport (97/832/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 75 in conjunction with the second subparagraph of Article 228 (3) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the assent of the European Parliament (2),
Whereas the Agreement between the European Community and the former Yugoslav Republic of Macedonia in the field of transport provides an appropriate means for the permanent removal of various major obstacles to Community transit traffic through the territory of the former Yugoslav Republic of Macedonia;
Whereas the Agreement contributes to the smooth functioning of the internal market because it guarantees free transit through the former Yugoslav Republic of Macedonia for internal transport between Greece and the other Member States and thereby enables international trade to be conducted at the least possible cost to the public at large and to reduce to a minimum the administrative and technical obstacles which affect it;
Whereas, furthermore, it is necessary to ensure the coordinated development of transport flows between and through the territories of the Contracting Parties to the Agreement, particularly by setting the priorities for the development of an appropriate infrastructure in the former Yugoslav Republic of Macedonia with financial help from the Community and by promoting carriage by rail and by combined transport, with a view to protecting the environment;
Whereas, therefore, the Agreement includes provisions intended to simplify customs formalities;
Whereas it is necessary to approve the Agreement on behalf of the Community,
The Agreement between the European Community and the former Yugoslav Republic of Macedonia in the field of transport is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
The President of the Council shall give the notification provided for in Article 26 of the Agreement.
The Commission, assisted by representatives of the members of the Council, shall represent the Community in the Joint Transport Committee set up by Article 22 of the Agreement.
The position to be taken by the Community within the Joint Transport Committee shall be adopted by the Council acting by a qualified majority on a proposal from the Commission. The Council shall act by simple majority when the decision which the Joint Transport Committee proposes to take relates to the Committee's rules of procedure.
Decisions taken by the Joint Transport Committee shall be published in the Official Journal of the European Communities.
This Decision shall be published in the Official Journal of the European Communities.
It shall take effect on the day of its publication. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32002R1756 | Council Regulation (EC) No 1756/2002 of 23 September 2002 amending Directive 70/524/EEC concerning additives in feedingstuffs as regards withdrawal of the authorisation of an additive and amending Commission Regulation (EC) No 2430/1999 (Text with EEA relevance)
| Council Regulation (EC) No 1756/2002
of 23 September 2002
amending Directive 70/524/EEC concerning additives in feedingstuffs as regards withdrawal of the authorisation of an additive and amending Commission Regulation (EC) No 2430/1999
(Text with EEA relevance)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs(1), and in particular Article 9m thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The coccidiostat Nifursol, a nitrofuran, was authorised for use as an additive in feedingstuffs for the first time by Commission Directive 82/822/EEC(2). This authorisation was linked to a person responsible for putting it into circulation for a period of ten years by means of Commission Regulation (EC) No 2430/1999(3), without a re-evaluation.
(2) Article 9m provides for the withdrawal of the authorisation of an additive if any of the conditions for its authorisation set out in Article 3a of Directive 70/524/EEC is no longer satisfied.
(3) During the period between 1990 and 1995, both the Joint FAO/WHO Expert Committee on Food Additives (JECFA) and the Committee for Veterinary Medicinal Products (CVMP) gave opinions on the use of veterinary medicinal products in food-producing animals of the group of substances known as nitrofurans. They concluded that it was not possible, because of the genotoxicity and carcinogenicity of the substance, to identify an acceptable daily intake (i.e. a level of intake by humans of residues of the substances which could be regarded as safe). Accordingly, it was not possible to set maximum residue levels for the substances. All nitrofurans were therefore inserted into Annex IV to Council Regulation (EEC) No 2377/90(4), with the effect of prohibiting throughout the Community the administration of these substances, as veterinary medicinal products, to food-producing animals.
(4) The Commission therefore asked the Scientific Committee for Animal Nutrition (SCAN) to make a new scientific risk assessment of Nifursol, which belongs also to the group of nitrofurans.
(5) The SCAN adopted an opinion concerning Nifursol on 11 October 2001, which concluded that on the basis of the mutagenicity, genotoxicity and carcinogenicity studies provided by the person responsible for putting Nifursol into circulation, and because of the lack of data on developmental toxicity, it was not possible to derive an acceptable daily intake for the consumers. The SCAN confirmed this opinion on 18 April 2002 after having examined complementary data.
(6) Therefore, it cannot be guaranteed that Nifursol does not present a risk for human health.
(7) Article 3a(b) of Directive 70/524/EEC states that Community authorisation of an additive shall be given only if, taking into account the conditions of use, it does not adversely affect human or animal health or the environment, nor harm the consumer by impairing the characteristics of animal products.
(8) Consequently, as a condition laid down in Article 3a of that Directive is no longer met for the coccidiostat Nifursol, the use of the substance as an additive in feedingstuff should no longer be permitted. Regulation (EC) No 2430/1999 and the entry of this coccidiostat in Chapter II of Annex B to Directive 70/524/EEC should be amended accordingly.
(9) In the absence of a favourable opinion of the Standing Committee on the Food Chain and Animal Health, the Commission has been unable to adopt the provisions it envisaged under the procedure laid down in Article 23 of Directive 70/524/EEC,
1. In Annex I to Commission Regulation (EC) No 2430/1999 the entry relating to the additive E 769, Nifursol, shall be deleted.
2. In Chapter II of Annex B to Directive 70/524/EEC, the entry relating to Nifursol, a substance belonging to the group of coccidiostats and other medicinal substances, shall be deleted.
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 31 March 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32008R0265 | Commission Regulation (EC) No 265/2008 of 19 March 2008 fixing the export refunds on eggs
| 20.3.2008 EN Official Journal of the European Union L 81/26
COMMISSION REGULATION (EC) No 265/2008
of 19 March 2008
fixing the export refunds on eggs
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular the third subparagraph of Article 8(3) thereof,
Whereas:
(1) Article 8 of Regulation (EEC) No 2771/75 provides that the difference between prices on the world market for the products listed in Article 1(1) of that regulation and prices for those products on the Community market may be covered by an export refund.
(2) Given the present situation on the market in eggs, export refunds should therefore be fixed in accordance with the rules and certain criteria provided for in Article 8 of Regulation (EEC) No 2771/75.
(3) Article 8(3), second subparagraph of Regulation (EEC) No 2771/75 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination.
(4) Refunds should be granted only on products that are allowed to move freely in the Community and that comply with the requirements of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (2) and of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (3) as well as marking requirements of Council Regulation (EC) No 1028/2006 of 19 June 2006 on certain marketing standards for eggs (4).
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
1. Export refunds as provided for in Article 8 of Regulation (EEC) No 2771/75 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the conditions provided for in paragraph 2 of this Article.
2. The products eligible for a refund under paragraph 1 must meet the relevant requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004, notably preparation in an approved establishment and compliance with the marking requirements laid down in Annex II, Section I to Regulation (EC) No 853/2004 and those laid down in Regulation (EC) No 1028/2006.
This Regulation shall enter into force on 20 March 2008.
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 |
32002R0844 | Council Regulation (EC) No 844/2002 of 18 February 2002 concerning the export of certain ECSC and EC steel products from the Czech Republic to the Community for the period from 1 January to 31 December 2002 (extension of the double-checking system) (Text with EEA relevance)
| Council Regulation (EC) No 844/2002
of 18 February 2002
concerning the export of certain ECSC and EC steel products from the Czech Republic to the Community for the period from 1 January to 31 December 2002 (extension of the double-checking system)
(Text with EEA relevance)
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 Czech Republic, of the other part, entered into force on 1 February 1995(1).
(2) The Parties decided by Decision No 1/2002(2) of the Association Council to extend the double-checking system introduced by Decision No 3/97(3) of the Association Council, for the period from 1 January to 31 December 2002.
(3) It is consequently necessary to extend the Community implementing legislation introduced by Council Regulation (EC) No 87/98 of 19 December 1997 concerning the export of certain ECSC and EC steel products from the Czech Republic to the Community for the period from 1 January to 31 December 2002 (renewal of the double-checking system)(4),
Regulation (EC) No 87/98 shall continue to apply for the period from 1 January to 31 December 2002, in accordance with the provisions of Decision No 1/2002 of the Association Council between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part.
Regulation (EC) No 87/98 shall in consequence be amended as follows:
In the title, preamble and Article 1(1) and (4), references to the period "1 January to 31 December 2001" shall be replaced by references to "1 January to 31 December 2002".
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32013R1165 | Commission Implementing Regulation (EU) No 1165/2013 of 18 November 2013 approving the active substance orange oil, 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
| 19.11.2013 EN Official Journal of the European Union L 309/17
COMMISSION IMPLEMENTING REGULATION (EU) No 1165/2013
of 18 November 2013
approving the active substance orange oil, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
(Text with EEA relevance)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2) and Article 78(2) thereof,
Whereas:
(1) In accordance with Article 80(1)(a) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which a decision has been adopted in accordance with Article 6(3) of that Directive before 14 June 2011. For orange oil the conditions of Article 80(1)(a) of Regulation (EC) No 1107/2009 are fulfilled by Commission Decision 2009/438/EC (3).
(2) In accordance with Article 6(2) of Directive 91/414/EEC France received on 22 February 2008 an application from Oro Agri for the inclusion of the active substance orange oil in Annex I to Directive 91/414/EEC. Decision 2009/438/EC confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.
(3) For that active substance, the effects on human and animal health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 12 August 2009. In accordance with Article 11(6) of Commission Regulation (EU) No 188/2011 (4) additional information was requested from the applicant on 13 June 2012. The evaluation of the additional data by France was submitted in the format of an updated draft assessment report in November 2012.
(4) The draft assessment report was reviewed by the Member States and the European Food Safety Authority (hereinafter ‘the Authority’). The Authority presented to the Commission its conclusion (5) on the pesticide risk assessment of the active substance orange oil on 1 March 2013. The draft assessment report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 3 October 2013 in the format of the Commission review report for orange oil.
(5) It has appeared from the various examinations made that plant protection products containing orange oil may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve orange oil.
(6) In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions. It is, in particular, appropriate to require further confirmatory information.
(7) A reasonable period should be allowed to elapse before approval in order to permit Member States and the interested parties to prepare themselves to meet the new requirements resulting from the approval.
(8) Without prejudice to the obligations provided for in Regulation (EC) No 1107/2009 as a consequence of approval, taking into account the specific situation created by the transition from Directive 91/414/EEC to Regulation (EC) No 1107/2009, the following should, however, apply. Member States should be allowed a period of six months after approval to review authorisations of plant protection products containing orange oil. Member States should, as appropriate, vary, replace or withdraw authorisations. By way of derogation from that deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier, as set out in Directive 91/414/EEC, of each plant protection product for each intended use in accordance with the uniform principles.
(9) The experience gained from inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 (6) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the Directives which have been adopted until now amending Annex I to that Directive or the Regulations approving active substances.
(10) In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 (7) should be amended accordingly.
(11) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Approval of active substance
The active substance orange oil, 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 orange oil as an active substance by 31 October 2014.
By that date they shall in particular verify that the conditions in Annex I to this Regulation are met, with the exception of those identified in the column on specific provisions of that Annex, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to Directive 91/414/EEC in accordance with the conditions of Article 13(1) to (4) of that Directive and Article 62 of Regulation (EC) No 1107/2009.
2. By way of derogation from paragraph 1, for each authorised plant protection product containing orange oil 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 April 2014 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, on the basis of a dossier satisfying the requirements of Annex III to Directive 91/414/EEC and taking into account the column on specific provisions of Annex I to this Regulation. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 29(1) of Regulation (EC) No 1107/2009.
Following that determination Member States shall:
(a) in the case of a product containing orange oil as the only active substance, where necessary, amend or withdraw the authorisation by 31 October 2015 at the latest; or
(b) in the case of a product containing orange oil as one of several active substances, where necessary, amend or withdraw the authorisation by 31 October 2015 or by the date fixed for such an amendment or withdrawal in the respective act or acts which added the relevant substance or substances to Annex I to Directive 91/414/EEC or approved that substance or those substances, whichever is the latest.
Amendments to Implementing Regulation (EU) No 540/2011
The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
Entry into force and date of application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 May 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0 | 0 | 0.333333 | 0 |
32002D1247 | Decision No 1247/2002/EC of the European Parliament, of the Council and of the Commission of 1 July 2002 on the regulations and general conditions governing the performance of the European Data-protection Supervisor's duties
| Decision No 1247/2002/EC of the European Parliament, of the Council and of the Commission
of 1 July 2002
on the regulations and general conditions governing the performance of the European Data-protection Supervisor's duties
THE EUROPEAN PARLIAMENT, THE COUNCIL OF THE EUROPEAN UNION AND THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(1), and in particular Article 43 thereof,
Having regard to the proposal from the Commission(2),
Whereas:
(1) The European Data-protection Supervisor is the independent supervisory body entrusted with monitoring the application to Community institutions and bodies of Community instruments relating to the protection of natural persons as regards the processing of personal data and the free movement of such data.
(2) The data protection rules are designed to protect the fundamental rights and freedoms of individuals, in particular their private and family life, with regard to processing of personal data, in particular in accordance with Article 6 of the Treaty on European Union and with due regard to Articles 7 and 8 of the European Union Charter of Fundamental Rights. Those fundamental rights are to be interpreted, under the case law of the Court of Justice of the European Communities, in the light of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the constitutional traditions common to the Member States. The objective of data protection must be met while taking into account the objective of not restricting the information available to citizens about public activities.
(3) The effective establishment of this independent supervisory body calls for the regulations and general conditions governing the performance of the duties of the European Data-protection Supervisor and of the Assistant Supervisor to be laid down.
(4) Most of the elements to be included in the regulations and general conditions governing the performance of the duties of the European Data-protection Supervisor are already contained in Regulation (EC) No 45/2001. It contains the necessary provisions for the appointment of the European Data-protection Supervisor and of the Assistant Supervisor, for their human and financial resources, their independence, their obligation of professional secrecy, their duties and their powers. The Rules of Procedure of the European Data-protection Supervisor, required by Article 46(k) of Regulation (EC) No 45/2001, should contain, in particular, procedural provisions governing the manner in which he is to exercise his powers.
(5) The European Data-protection Supervisor is bound by Community law and should comply with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents(3). He should thus be bound by the provisions of the Treaty concerning the protection of fundamental rights and freedoms, establishing that decision-making in the Union is to be as open as possible and providing for protection of personal data, in particular the right to privacy.
(6) The financial framework of this Decision should be compatible with the current ceiling of heading 5.
(7) Only two major aspects of the regulations are not contained in Regulation (EC) No 45/2001 and thus remain to be clarified. They concern the fixing of the salary of the Supervisor and the Assistant Supervisor, their allowances and any benefits in lieu of remuneration, and the seat of the Supervisor. The provisions of Regulation (EC) No 45/2001 on the procedure for appointing the European Data-protection Supervisor and the Assistant Supervisor should also be clarified.
(8) The European Data-protection Supervisor should have remuneration on the same level as the European Ombudsman, given the need to ensure that the Supervisor has a status commensurate with his duties and powers, and the fact that Regulation (EC) No 45/2001 largely follows the example of the European Ombudsman in defining the institutional profile of the Supervisor. The European Ombudsman is on a par with a judge of the Court of Justice as regards remuneration, allowances and retirement pension.
(9) The Assistant Supervisor should be placed on the same footing as the Registrar of the Court of Justice as regards remuneration, allowances and retirement pension, so as to establish a hierarchy between him/her and the European Supervisor, while making them both subject to the same type of emoluments, in keeping with their appointment procedure, their term of office and their duties.
(10) The seat of the European Data-protection Supervisor should be established in Brussels, so as to ensure the proximity which, by the nature of his/her tasks, must exist between the European Supervisor and the Community institutions and bodies subject to his/her supervision, and in order to facilitate the smooth performance of his/her duties.
(11) Consideration will need to be given to the extent to which cooperation with supervisory data-protection bodies established pursuant to Title VI of the Treaty on European Union, as provided for in Article 46(f) of Regulation (EC) No 45/2001, will serve to attain the aim of ensuring consistency in the application of data protection supervisory rules and procedures.
(12) The competent committee of the European Parliament may decide to hold a hearing, open to all Members of Parliament, of the candidates placed on the list drawn up by the Commission in accordance with Article 42(1) of Regulation (EC) No 45/2001 following a public call for candidates,
Remuneration of the European Data-protection Supervisor
The European Data-protection Supervisor shall be on a par with a judge of the Court of Justice of the European Communities as regards the determination of remuneration, allowances, retirement pension and any other benefit in lieu of remuneration.
Remuneration of the Assistant Supervisor
The Assistant Supervisor shall be on a par with the Registrar of the Court of Justice of the European Communities as regards the determination of remuneration, allowances, retirement pension and any other benefit in lieu of remuneration.
Appointment procedure
The European Data-protection Supervisor and the Assistant Supervisor shall be appointed following a public call for candidates. The call for candidates shall enable all interested parties throughout the Community to submit their applications. The list of candidates shall be public. On the basis of the list drawn up by the Commission in accordance with Article 42(1) of Regulation (EC) No 45/2001, the competent committee of the European Parliament may decide to arrange a hearing in order to enable it to express a preference.
Seat
The European Data-protection Supervisor and the Assistant Supervisor shall have their seat in Brussels.
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities. | 0 | 0 | 0.2 | 0 | 0 | 0 | 0 | 0 | 0.2 | 0 | 0 | 0 | 0 | 0 | 0 | 0.6 | 0 |
32008D0774 | 2008/774/EC,Euratom: Council Decision of 2 October 2008 appointing a Luxembourg member of the European Economic and Social Committee
| 7.10.2008 EN Official Journal of the European Union L 266/12
COUNCIL DECISION
of 2 October 2008
appointing a Luxembourg member of the European Economic and Social Committee
(2008/774/EC, Euratom)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
Having regard to Decision 2006/524/EC, Euratom (1),
Having regard to the proposal submitted by the Luxembourg Government,
Having obtained the opinion of the Commission,
Whereas a member’s seat on the European Economic and Social Committee has fallen vacant following the resignation of Mr Paul JUNCK,
Mr Patrick SEYLER, General Manager, ArcelorMittal, is hereby appointed a member of the European Economic and Social Committee for the remainder of the term of office, which ends on 20 September 2010.
This Decision shall take effect on the date of its adoption. | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32006R1568 | Commission Regulation (EC) No 1568/2006 of 19 October 2006 fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 958/2006
| 20.10.2006 EN Official Journal of the European Union L 290/19
COMMISSION REGULATION (EC) No 1568/2006
of 19 October 2006
fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 958/2006
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph and point (b) of the third subparagraph of Article 33(2) thereof,
Whereas:
(1) Commission Regulation (EC) No 958/2006 of 28 June 2006 on a standing invitation to tender to determine refunds on exports of white sugar for the 2006/2007 marketing year (2) requires the issuing of partial invitations to tender.
(2) Pursuant to Article 8(1) of Regulation (EC) No 958/2006 and following an examination of the tenders submitted in response to the partial invitation to tender ending on 19 October 2006, it is appropriate to fix a maximum export refund for that partial invitation to tender.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
For the partial invitation to tender ending on 19 October 2006, the maximum export refund for the product referred to in Article 1(1) of Regulation (EC) No 958/2006 shall be 28,558 EUR/100 kg.
This Regulation shall enter into force on 20 October 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 |
31994R1771 | Commission Regulation (EC) No 1771/94 of 19 July 1994 laying down provisions on the introduction into the Community of pelts and manufactured goods of certain wild animal species
| COMMISSION REGULATION (EC) No 1771/94 of 19 July 1994 laying down provisions on the introduction into the Community of pelts and manufactured goods of certain wild animal species
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3254/91 of 4 November 1991 prohibiting the use of leghold traps in the Community and the introduction into the Community of pelts and manufactured goods of certain wild animal species originating in countries which catch them by means of leghold traps or trapping methods which do not meet international humane trapping standards (1), and in particular Article 5 thereof,
Whereas it has recently become evident that the development of humane trapping standards in the framework of the International Standardization Organization is not likely to be completed before mid 1995;
Whereas this implies that one of the options of Article 3 (1) of Council Regulation (EEC) No 3254/91 for a third country, to either adopt adequate administrative or legislative provisions to prohibit the use of the leghold trap, or to ensure that the trapping methods used for the species listed in Annex I to that Regulation meet internationally agreed humane trapping standards, is not currently available; whereas this has an unforeseen negative impact on the possibility of the third countries concerned to comply with the conditions of Council Regulation (EEC) No 3254/91; whereas the time until 1 January 1995 is insufficient for the majority of them to adapt their policy to this situation;
Whereas an important number of major fur-exporting countries have demonstrated that sufficient progress is being made towards the abolition of the leghold trap and/or in developing humane methods of trapping;
Whereas, under the circumstances, the implementation of the prohibition of Article 3 (1) of Council Regulation (EEC) No 3254/91 on 1 January 1995 could not only negatively affect the work of the International Standardization Organization with a view to developing international humane trapping standards, but also seriously reduce the incentive for third countries to make further national progress with regard to humane trapping;
Whereas, therefore, it is appropriate, in accordance with Article 3 (2) of Council Regulation (EEC) No 3254/91, to suspend the prohibition concerned for one year, expiring on 31 December 1995;
Whereas, as a result, the Commission must now determine which countries meet the condition of Article 3 (1) of Council Regulation (EEC) No 3254/91 and the appropriate forms for certification referred to in Article 4 thereof well before 1 January 1996;
Whereas the measure provided for in this Regulation is in accordance with the opinion of the Committee established by Article 19 of Council Regulation (EEC) No 3626/82 (2), as last amended by Commission Regulation (EEC) No 1534/93 (3),
1. The prohibition on the introduction into the Community of the pelts of the animal species listed in Annex I to Council Regulation (EEC) No 3254/91 and of the other goods listed in Annex II to that Regulation, shall enter into force on 1 January 1996.
2. The Commission shall, in accordance with the procedure laid down in Article 5 of Council Regulation (EEC) No 3254/91, determine before 1 September 1995:
(a) which countries meet the condition of Article 3 (1) of that Regulation and
(b) the appropriate forms for certification referred to in Article 4 thereof.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31999D0538 | 1999/538/EC: Commission Decision of 26 July 1999 amending Decision 98/371/EC concerning the animal health conditions and veterinary certifications form imports of fresh meat from certain European countries to take into account some aspects in relation with Bulgaria and the Czech Republic (notified under document number C(1999) 2436) (Text with EEA relevance)
| COMMISSION DECISION
of 26 July 1999
amending Decision 98/371/EC concerning the animal health conditions and veterinary certifications form imports of fresh meat from certain European countries to take into account some aspects in relation with Bulgaria and the Czech Republic
(notified under document number C(1999) 2436)
(Text with EEA relevance)
(1999/538/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat and meat products from third countries(1), as last amended by Directive 97/79/EC(2) and in particular Article 14, 15 and 16 thereof,
(1) Whereas, as a consequence of the action taken by the Bulgarian authorities to prohibit the spread of foot and mouth disease, that country was regionalised by Commission Decision 96/730/EC(3), as last amended by Decision 98/373/EC(4);
(2) Whereas the import of bovine, ovine and caprine fresh meat is banned from six provinces of Bulgaria by Commission Decision 98/371/EC of 29 May 1998 concerning the animal health conditions and veterinary certifications for imports of fresh meat from certain European countries(5), as amended by Decision 98/546/EC(6);
(3) Whereas giving consideration to the improvement of the animal health situation in Bulgaria and that the country has been free from foot and mouth disease for the last two years;
(4) Whereas, following a recent Commission veterinary mission, it appears that the Bulgarian veterinary services control satisfactorily the whole country and thereof it is possible to lift the ban of fresh meat of bovine, ovine and caprine species for the remaining six provinces of Bulgaria;
(5) Whereas it is considered necessary to keep the restriction for the Bulgarian territory comprising the 20-km-wide corridor along the border with Turkey;
(6) Whereas classical swine fever still persists in the feral pig population in some areas of the Czech Republic;
(7) Whereas this situation is liable to endanger the herds of the European Community;
(8) Whereas it is necessary to amend the conditions for imports of fresh meat of swine from the Czech Republic to take into account the evolution of the epidemiological situation in relation to classical swine fever;
(9) Whereas this Decision is in accordance with the opinion of the Standing Veterinary Committee,
Decision 98/371/EC is amended as follows:
1. Annex I is replaced by Annex I to the present Decision.
2. Annex II is replaced by Annex II to the present Decision.
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 |
31986R1117 | Council Regulation (EEC) No 1117/86 of 17 April 1986 amending Regulation (EEC) No 3673/85 in respect of the Community tariff quota for newsprint
| COUNCIL REGULATION (EEC) No 1117/86
of 17 April 1986
amending Regulation (EEC) No 3673/85 in respect of the Community tariff quota for newsprint
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 Act of Accession of Spain and Portugal,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) No 3673/85 (1) opened for the period 1 January to 31 December 1986 a Community tariff quota for newsprint falling within subheading 48.01 A of the Common Customs Tariff; whereas the same Regulation extended this tariff quota to include, under certain conditions, other types of paper complying, except as regards the criteria governing watermarks, with the definition of newsprint contained in the Additional Note to Chapter 48;
Whereas under the terms of the Act of Accession, the Kingdom of Spain and the Portuguese Republic should be able to participate in this tariff quota according to their respective needs and as from 1 March 1986; whereas this participation can initially be confined to provision for drawing from the constructed Community reserves the quantities corresponding to their imminent needs from third countries,
Regulation (EEC) No 3673/85 is hereby amended as follows:
1. The following subparagraph shall be added to Article 1 (2):
'Within this limit, the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant provisions laid down in the Act of Accession.'
2. The following paragraph shall be added to Article 2:
'3. If an importer notifies imminent imports of the products in question in Spain or in Portugal and requests the benefit of one of the quotas, the Member State concerned shall inform the Commission and draw an amount corresponding to their needs to the extent that the available balance of the corresponding reserve so permits.'
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 March 1986.
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 |
32001R1703 | Commission Regulation (EC) No 1703/2001 of 29 August 2001 prohibiting fishing for northern prawn by vessels flying the flag of a Member State
| Commission Regulation (EC) No 1703/2001
of 29 August 2001
prohibiting fishing for northern prawn by vessels flying the flag of a Member State
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 2848/2000 of 15 December 2000 fixing for 2001 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required(2) lays down quotas for northern prawn for 2001.
(2) In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.
(3) According to the information received by the Commission, catches of northern prawn in Norwegian waters south of 62°00'N by vessels flying the flag of a Member State or registered in a Member State have exhausted the quota allocated to the Community for 2001,
Catches of northern prawn in Norwegian waters south of 62°00'N by vessels flying the flag of a Member State or registered in a Member State are hereby deemed to have exhausted the quota allocated to the Community for 2001.
Fishing for northern prawn in Norwegian waters south of 62°00'N by vessels flying the flag of a Member State or registered in a Member State is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 |
31989D0069 | 89/69/EEC, Euratom, ECSC: COMMISSION Decision of 22 December 1988 adjusting the weightings applicable from 1 November 1988 to the remuneration of officials of the European Communities serving in non-member countries
| COMMISSION DECISION
of 22 December 1988
adjusting the weightings applicable from 1 November 1988 to the remuneration of officials of the European Communities serving in non-member countries
(89/69/EEC, EURATOM, ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,
Having regard to the Staff Regulations of Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (ECSC, EEC, Euratom) No 2339/88 (2), and in particular the second paragraph of Article 13 of Annex X thereto,
Whereas, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (ECSC, EEC, Euratom) No 3383/88 (3) laid down the weightings to be applied from 1 July 1988 to the remuneration of officials serving in non-member countries payable in the currency of their country of employment;
Whereas the Commission has made a number of adjustments to these weightings in recent months (4) pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations;
Whereas some of these weightings should be adjusted with effect from 1 November 1988 given that the statistics available to the Commission show that in certain non-member countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,
With effect from 1 November 1988 the weightings applicable to the remuneration of officials serving in non-member countries payable in the currency of their country of employment are hereby adjusted as shown in the Annex.
The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32011D0851 | 2011/851/EU: Commission Implementing Decision of 12 December 2011 on an additional Union financial contribution for 2006 and 2007 to cover expenditure incurred by Portugal for the purpose of combating Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al . (pinewood nematode) (notified under document C(2011) 9247)
| 17.12.2011 EN Official Journal of the European Union L 335/107
COMMISSION IMPLEMENTING DECISION
of 12 December 2011
on an additional Union financial contribution for 2006 and 2007 to cover expenditure incurred by Portugal for the purpose of combating Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (pinewood nematode)
(notified under document C(2011) 9247)
(Only the Portuguese text is authentic)
(2011/851/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Article 23(6) thereof,
Whereas:
(1) Commission Decision 2006/923/EC (2) approved a financial contribution from the Union for a programme of measures introduced by Portugal aiming in 2006 and 2007 at controlling the spread of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (pinewood nematode) to other Member States. The measures consisted of the creation of a barrier free from all host trees of the pinewood nematode vector, hereinafter the ‘clear cut belt’.
(2) The financial contribution granted by Decision 2006/923/EC was based on the programme for further actions for pinewood nematode (hereinafter: PWN) and the budget estimation referring to this programme as submitted by Portugal to the Commission on 28 July 2006.
(3) The final payments to Portugal connected to the actions laid down in Decision 2006/923/EC occurred in June 2008.
(4) Portugal informed the Commission on 28 September 2007 and submitted supporting evidence on 30 June 2009 that the expenditure related to the creation of the clear cut belt exceeded by far the estimation presented in July 2006. In this regard it submitted a further request for a Union financial contribution to an additional expenditure of EUR 10 230 256,59. The initial under-estimate was due to several factors, including an under-estimate of the number of big PWN host trees, the small percentage of PWN host trees cut by their owners and the non-inclusion of costs to be incurred for cutting the young PWN host trees.
(5) In July 2010, the Commission carried out an audit on the information communicated by Portugal on 30 June 2009. After examination of all supporting documents for the additional claim, the audit report concluded that an eligible amount of EUR 5 314 851,15 of paid invoices (including coordination costs) could be validated.
(6) As the measures including in that additional claim are of the same nature and target the same purpose as the measures of Decision 2006/923/EC, it is appropriate to allocate the same Union financial contribution rate as in that Decision, namely a rate of 75 %.
(7) In accordance with Article 3(2)(a) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (3), plant-health measures are financed from the European Agricultural Guarantee Fund. For the purpose of financial control of these measures, Articles 9, 36 and 37 of the above Regulation should apply.
(8) In accordance with Article 75 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 (4) and Article 90(1) of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), the commitment of expenditure from the Union budget shall be preceded by a financing decision adopted by the institution to which powers have been delegated, setting out the essential elements of the action involving the expenditure.
(9) The present Decision constitutes a financing decision for the expenditure provided in the co-financing requests presented by Member States.
(10) The measures provided in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
Principle
The allocation of a supplementary Union financial contribution to cover expenditure incurred by Portugal in 2006 and 2007 relating to the creation of a clear cut belt and taken for the purpose of combating pinewood nematode, is hereby approved.
Amount of Union financial contribution
The maximum supplementary Union financial contribution referred to in Article 1 is EUR 3 986 138,36.
This Decision is addressed to the Portuguese Republic. | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
32011R1252 | Commission Regulation (EU) No 1252/2011 of 30 November 2011 establishing a prohibition of fishing for anglerfish in VII by vessels flying the flag of the Netherlands
| 2.12.2011 EN Official Journal of the European Union L 319/45
COMMISSION REGULATION (EU) No 1252/2011
of 30 November 2011
establishing a prohibition of fishing for anglerfish in VII by vessels flying the flag of the Netherlands
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,
Whereas:
(1) Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (2), lays down quotas for 2011.
(2) According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2011.
(3) It is therefore necessary to prohibit fishing activities for that stock,
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2011 shall be deemed to be exhausted from the date set out in that Annex.
Prohibitions
Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 | 0 | 0.5 | 0 | 0 | 0 |
32011L0004 | Commission Directive 2011/4/EU of 20 January 2011 amending Council Directive 91/414/EEC to include cycloxydim as active substance and amending Decision 2008/934/EC Text with EEA relevance
| 21.1.2011 EN Official Journal of the European Union L 18/30
COMMISSION DIRECTIVE 2011/4/EU
of 20 January 2011
amending Council Directive 91/414/EEC to include cycloxydim as active substance and amending Decision 2008/934/EC
(Text with EEA relevance)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
Whereas:
(1) Commission Regulations (EC) No 451/2000 (2) and (EC) No 1490/2002 (3) lay down the detailed rules for the implementation of the third 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 included cycloxydim.
(2) In accordance with Article 11e of Regulation (EC) No 1490/2002 the applicant withdrew its support of the inclusion of that active substance in Annex I to Directive 91/414/EEC within 2 months from receipt of the draft assessment report. Consequently, Commission Decision 2008/934/EC of 5 December 2008 concerning the non-inclusion of certain active substances in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these substances (4) was adopted on the non-inclusion of cycloxydim.
(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 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 (5).
(4) The application was submitted to Austria, which had been designated rapporteur Member State by Regulation (EC) No 451/2000. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as were the subject of Decision 2008/934/EC. That application also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008.
(5) Austria 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 2 November 2009. 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 cycloxydim to the Commission on 30 June 2010 (6). 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 23 November 2010 in the format of the Commission review report for cycloxydim.
(6) It has appeared from the various examinations made that plant protection products containing cycloxydim 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 with regard to the uses which have been examined and detailed in the Commission review report. It is therefore appropriate to include cycloxydim in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing this active substance can be granted in accordance with the provisions of that Directive.
(7) Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EEC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore, it is appropriate to require that the applicant submit to the Commission, further information on methods for the analysis of residues of cycloxydim in plant and animal products.
(8) A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion.
(9) Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of 6 months after inclusion to review existing authorisations of plant protection products containing cycloxydim to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.
(10) The experience gained from previous 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 (7) 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.
(11) It is therefore appropriate to amend Directive 91/414/EEC accordingly.
(12) Decision 2008/934/EC provides for the non-inclusion of cycloxydim and the withdrawal of authorisations for plant protection products containing that substance by 31 December 2011. It is necessary to delete the line concerning cycloxydim in the Annex to that Decision.
(13) It is therefore appropriate to amend Decision 2008/934/EC accordingly.
(14) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
The line concerning cycloxydim in the Annex to Decision 2008/934/EC is deleted.
Member States shall adopt and publish by 30 November 2011 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 1 December 2011.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
1. Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing cycloxydim as an active substance by 30 November 2011.
By that date they shall in particular verify that the conditions in Annex I to that Directive relating to cycloxydim are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
2. By way of derogation from paragraph 1, for each authorised plant protection product containing cycloxydim as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 May 2011 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning cycloxydim. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
Following that determination Member States shall:
(a) in the case of a product containing cycloxydim as the only active substance, where necessary, amend or withdraw the authorisation by 31 May 2015 at the latest; or
(b) in the case of a product containing cycloxydim as one of several active substances, where necessary, amend or withdraw the authorisation by 31 May 2015 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.
This Directive shall enter into force on 1 June 2011.
This Directive is addressed to the Member States. | 0 | 0.25 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 | 0 | 0 | 0 | 0 | 0 | 0.25 | 0 |
31994D0888 | 94/888/EC: Commission Decision of 21 December 1994 repealing Decision 93/602/EC concerning certain protection measures relating to African swine fever in Portugal
| COMMISSION DECISION of 21 December 1994 repealing Decision 93/602/EC concerning certain protection measures relating to African swine fever in Portugal (94/888/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 (4) thereof,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (3), as last amended by Directive 92/118/EEC, and in particular Article 9 (4) thereof,
Whereas as a result of outbreaks of classical swine fever in the Alentejo region of Portugal, the Commission adopted Decision 93/602/EC of 19 November 1993 concerning certain protection measures relating to African swine fever in Portugal (4), as last amended by Decision 94/122/EC (5),
Whereas in the light of the evolution of the disease the measures introduced by Decision 93/602/EC must be repealed;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
Decision 93/602/EC is hereby repealed.
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 |
32009D0416 | 2009/416/EC: Council Decision of 27 April 2009 on the existence of an excessive deficit in Ireland
| 30.5.2009 EN Official Journal of the European Union L 135/23
COUNCIL DECISION
of 27 April 2009
on the existence of an excessive deficit in Ireland
(2009/416/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 104(6) thereof,
Having regard to the recommendation from the Commission,
Having regard to the observations made by Ireland,
Whereas:
(1) According to Article 104 of the Treaty Member States are to avoid excessive government deficits.
(2) The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation.
(3) The excessive deficit procedure (EDP) under Article 104, as clarified by Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (1) (which is part of the Stability and Growth Pact), provides for a on the existence of an excessive deficit. The Protocol on the excessive deficit procedure ed to the Treaty sets out further provisions relating to the implementation of the EDP. Council Regulation (EC) No 3605/93 (2) lays down detailed rules and definitions for the application of the provisions of the said Protocol.
(4) The 2005 reform of the Stability and Growth Pact sought to strengthen its effectiveness and economic underpinnings as well as to safeguard the sustainability of the public finances in the long run. It aimed at ensuring that in particular the economic and budgetary background was taken fully into account in all steps in the EDP. In this way, the Stability and Growth Pact provides the framework supporting government policies for a prompt return to sound budgetary positions taking account of the economic situation.
(5) Article 104(5) of the Treaty requires the Commission to address an opinion to the Council if the Commission considers that an excessive deficit in a Member State exists or may occur. Having taken into account its report in accordance with Article 104(3) and having regard to the opinion of the Economic and Financial Committee in accordance with Article 104(4), the Commission concluded that an excessive deficit exists in Ireland. The Commission therefore addressed such an opinion to the Council in respect of Ireland on 24 March 2009 (3).
(6) Article 104(6) of the Treaty states that the Council should consider any observations which the Member State concerned may wish to make before deciding, after an overall assessment, whether an excessive deficit exists. In the case of Ireland, this overall assessment leads to the following conclusions.
(7) According to the updated stability programme, the general government deficit in Ireland reached 6,3 % of GDP in 2008, thus exceeding the 3 % of GDP reference value. The deficit was not close to the 3 % of GDP reference value but the excess over the reference value can be qualified as exceptional. In particular, it resulted from a severe economic downturn in the sense of the Treaty and the Stability and Growth Pact. According to the Commission services’ January 2009 interim forecast, real GDP growth in Ireland is projected to have been strongly negative in the year 2008 (– 2,0 %, somewhat worse than the Irish authorities’ forecast (at – 1,4 %) in the January 2009 addendum to the update of the stability programme).
(8) Furthermore, the excess over the reference value cannot be considered temporary. According to the Commission services’ January 2009 interim forecast, taking into account the measures for the current year in the budget for 2009 (but not the 1 % of GDP additional consolidation package announced in February 2009), the deficit would widen to 11 % of GDP in 2009 and, on a no-policy change basis, worsen further to 13 % of GDP in 2010. The deficit criterion in the Treaty is not fulfilled.
(9) General government gross debt stood at 40,6 % of GDP in 2008, remaining below the 60 % of GDP reference value. However, according to the Commission services’ January 2009 interim forecast the debt level should continue to rise quickly, resulting in a breach of the 60 % of GDP reference value by 2010.
(10) According to Article 2(4) of Regulation (EC) No 1467/97, ‘relevant factors’ can only be taken into account in the steps leading to the Council on the existence of an excessive deficit in accordance with Article 104(6) if the double condition — that the deficit remains close to the reference value and that its excess over the reference value is temporary — is fully met. In the case of Ireland, this double condition is not met. Therefore, relevant factors are not taken into account in the steps leading to this Decision,
From an overall assessment it follows that an excessive deficit exists in Ireland.
This Decision is addressed to Ireland. | 0 | 0 | 0.333333 | 0 | 0 | 0 | 0 | 0.666667 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
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