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Directive 2002/74/EC of the European Parliament and of the Council
of 23 September 2002
amending Council Directive 80/987/EEC on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Having consulted the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),
Whereas:
(1) The Community Charter of Fundamental Social Rights for Workers adopted on 9 December 1989 states, in point 7, that the completion of the internal market must lead to an improvement in the living and working conditions of workers in the European Community and that this improvement must cover, where necessary, the development of certain aspects of employment regulations such as procedures for collective redundancies and those regarding bankruptcies.
(2) Directive 80/987/EEC(4) aims to provide a minimum degree of protection for employees in the event of the insolvency of their employer. To this end, it obliges the Member States to establish a body which guarantees payment of the outstanding claims of the employees concerned.
(3) Changes in insolvency law in the Member States and the development of the internal market mean that certain provisions of that Directive must be adapted.
(4) Legal certainty and transparency also require clarification with regard to the scope and certain definitions of Directive 80/987/EEC. In particular the possible exclusions granted to the Member States should be indicated in the enacting provisions of the Directive and consequently the Annex thereto should be deleted.
(5) In order to ensure equitable protection for the employees concerned, the definition of the state of insolvency should be adapted to new legislative trends in the Member States and should also include within this concept insolvency proceedings other than liquidation. In this context, Member States should, in order to determine the liability of the guarantee institution, be able to lay down that where an insolvency situation results in several insolvency proceedings, the situation be treated as a single insolvency procedure.
(6) It should be ensured that the employees referred to in Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC(5), Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by the ETUC, UNICE and CEEP(6) and Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship(7) are not excluded from the scope of this Directive.
(7) In order to ensure legal certainty for employees in the event of insolvency of undertakings pursuing their activities in a number of Member States, and to strengthen workers' rights in line with the established case law of the Court of Justice, provisions should be introduced which expressly state which institution is responsible for meeting pay claims in these cases and establishes as the aim of cooperation between the competent administrative authorities of the Member States the early settlement of employees' outstanding claims. Furthermore it is necessary to ensure that the relevant arrangements are properly implemented by making provision for collaboration between the competent administrative authorities in the Member States.
(8) Member States may set limitations on the responsibility of the guarantee institutions which should be compatible with the social objective of the Directive and may take into account the different levels of claims.
(9) In order to make it easier to identify insolvency proceedings in particular in situations with a cross-border dimension, provision should be made for the Member States to notify the Commission and the other Member States about the types of insolvency proceedings which give rise to intervention by the guarantee institution.
(10) Directive 80/987/EEC should be amended accordingly.
(11) Since the objectives of the proposed action, namely the amendment of certain provisions of Directive 80/987/EEC to take account of changes in the activities of undertakings in the Community, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
(12) The Commission should submit to the European Parliament and the Council a report on the implementation and application of this Directive in particular as regards the new forms of employment emerging in the Member States,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Directive 80/987/EEC is hereby amended as follows:
1. the title shall be replaced by the following: "Council Directive 80/987/EEC of 20 October 1980 on the protection of employees in the event of the insolvency of their employer";
2. Section I shall be replaced by the following: "SECTION I
Scope and definitions
Article 1
1. This Directive shall apply to employees' claims arising from contracts of employment or employment relationships and existing against employers who are in a state of insolvency within the meaning of Article 2(1).
2. Member States may, by way of exception, exclude claims by certain categories of employee from the scope of this Directive, by virtue of the existence of other forms of guarantee if it is established that these offer the persons concerned a degree of protection equivalent to that resulting from this Directive.
3. Where such provision already applies in their national legislation, Member States may continue to exclude from the scope of this Directive:
(a) domestic servants employed by a natural person;
(b) share-fishermen.
Article 2
1. For the purposes of this Directive, an employer shall be deemed to be in a state of insolvency where a request has been made for the opening of collective proceedings based on insolvency of the employer, as provided for under the laws, regulations and administrative provisions of a Member State, and involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and the authority which is competent pursuant to the said provisions has:
(a) either decided to open the proceedings, or
(b) established that the employer's undertaking or business has been definitively closed down and that the available assets are insufficient to warrant the opening of the proceedings.
2. This Directive is without prejudice to national law as regards the definition of the terms 'employee', 'employer', 'pay', 'right conferring immediate entitlement' and 'right conferring prospective entitlement'.
However, the Member States may not exclude from the scope of this Directive:
(a) part-time employees within the meaning of Directive 97/81/EC;
(b) workers with a fixed-term contract within the meaning of Directive 1999/70/EC;
(c) workers with a temporary employment relationship within the meaning of Article 1(2) of Directive 91/383/EEC.
3. Member States may not set a minimum duration for the contract of employment or the employment relationship in order for workers to qualify for claims under this Directive.
4. This Directive does not prevent Member States from extending workers' protection to other situations of insolvency, for example where payments have been de facto stopped on a permanent basis, established by proceedings different from those mentioned in paragraph 1 as provided for under national law.
Such procedures shall not however create a guarantee obligation for the institutions of the other Member States in the cases referred to in Section IIIa.";
3. Articles 3 and 4 shall be replaced by the following: "Article 3
Member States shall take the measures necessary to ensure that guarantee institutions guarantee, subject to Article 4, payment of employees' outstanding claims resulting from contracts of employment or employment relationships, including, where provided for by national law, severance pay on termination of employment relationships.
The claims taken over by the guarantee institution shall be the outstanding pay claims relating to a period prior to and/or, as applicable, after a given date determined by the Member States.
Article 4
1. Member States shall have the option to limit the liability of the guarantee institutions referred to in Article 3.
2. When Member States exercise the option referred to in paragraph 1, they shall specify the length of the period for which outstanding claims are to be met by the guarantee institution. However, this may not be shorter than a period covering the remuneration of the last three months of the employment relationship prior to and/or after the date referred to in Article 3. Member States may include this minimum period of three months in a reference period with a duration of not less than six months.
Member States having a reference period of not less than 18 months may limit the period for which outstanding claims are met by the guarantee institution to eight weeks. In this case, those periods which are most favourable to the employee are used for the calculation of the minimum period.
3. Furthermore, Member States may set ceilings on the payments made by the guarantee institution. These ceilings must not fall below a level which is socially compatible with the social objective of this Directive.
When Member States exercise this option, they shall inform the Commission of the methods used to set the ceiling.";
4. the following Section shall be inserted: "SECTION IIIa
Provisions concerning transnational situations
Article 8a
1. When an undertaking with activities in the territories of at least two Member States is in a state of insolvency within the meaning of Article 2(l), the institution responsible for meeting employees' outstanding claims shall be that in the Member State in whose territory they work or habitually work.
2. The extent of employees' rights shall be determined by the law governing the competent guarantee institution.
3. Member States shall take the measures necessary to ensure that, in the cases referred to in paragraph 1, decisions taken in the context of insolvency proceedings referred to in Article 2(1), which have been requested in another Member State, are taken into account when determining the employer's state of insolvency within the meaning of this Directive.
Article 8b
1. For the purposes of implementing Article 8a, Member States shall make provision for the sharing of relevant information between their competent administrative authorities and/or the guarantee institutions mentioned in Article 3, making it possible in particular to inform the guarantee institution responsible for meeting the employees' outstanding claims.
2. Member States shall notify the Commission and the other Member States of the contact details of their competent administrative authorities and/or guarantee institutions. The Commission shall make these communications publicly accessible.";
5. in Article 9 the following paragraph shall be added: "Implementation of this Directive shall not under any circumstances be sufficient grounds for a regression in relation to the current situation in the Member States and in relation to the general level of protection of workers in the area covered by it.";
6. in Article 10 the following point shall be added: "(c) to refuse or reduce the liability referred to in Article 3 or the guarantee obligation referred to in Article 7 in cases where the employee, on his or her own or together with his or her close relatives, was the owner of an essential part of the employer's undertaking or business and had a considerable influence on its activities.";
7. the following Article shall be inserted: "Article 10a
Member States shall notify the Commission and the other Member States of the types of national insolvency proceedings falling within the scope of this Directive, and of any amendments relating thereto. The Commission shall publish these communications in the Official Journal of the European Communities.";
8. the Annex shall be deleted.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 8 October 2005. They shall forthwith inform the Commission thereof.
They shall apply the provisions referred to in the first subparagraph to any state of insolvency of an employer occurring after the date of entry into force of those provisions.
When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 4
By 8 October 2010 at the latest, the Commission shall submit to the European Parliament and the Council a report on the implementation and application of this Directive in the Member States.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 23 September 2002. | [
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COUNCIL REGULATION (EEC) No 1115/89 of 27 April 1989 amending Regulation (EEC) No 986/68 laying down general rules for granting aid for skimmed milk and skimmed-milk powder for use as feed
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Regulation (EEC) No 804/68 of the Council of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 763/89 (2), and in particular Article 10 (2) thereof,
Having regard to the proposal from the Commission (3),
Whereas Article 2a (3) of Regulation (EEC) No 986/68 (4), as last amended by Regulation (EEC) No 548/87 (5), lays down a margin within which the aid for skimmed-milk powder may be fixed; whereas, in view of the criteria set out in Article 2a (1), the limits of that margin should be adjusted,
HAS ADOPTED THIS REGULATION:
Article 1 The first subparagraph of Article 2a (3) of Regulation (EEC) No 986/68 is hereby replaced by the following:
´3. The amount of aid for skimmed-milk powder shall be fixed within a range of ECU 50 to 80 per 100 kilograms.'
Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from the beginning of the 1989/90 milk year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 27 April 1989. | [
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COMMISSION DECISION of 1 August 1990 authorizing the Member States to institute intra-Community surveillance of the importation for home use of certain iron and steel products originating in certain third countries and covered by the Treaty establishing the European Coal and Steel Community and in free circulation in the Community (90/459/ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular the third paragraph of Article 71 thereof,
Having regard to the requests made by the Member States,
Whereas under the provisions of the ECSC Treaty the principle of freedom of movement necessarily applies to products originating in third countries which are in free circulation in the Community;
Whereas these provisons preclude, in the case of intra-
Community trade, any requirement, even of a purely formal nature, to submit import to licences or any similar procedure;
Whereas the Commission, in response to the crisis in the iron and steel sector, has adopted measures with both internal and external effects; whereas, in this context, measures have been adopted in respect of imports of certain products originating in certain third countries with a view to ensuring adherence to traditional trade flows between the Community and these countries, including at regional level;
Whereas the combined effect of these measures is not, however, such as to eliminate the risk of deflections of trade in the case of the products in question;
Whereas under these circumstances it is important to ensure that full information is available on prospective imports of
products originating in third countries in free circulation
in certain Member States and the terms under which the products concerned are imported; whereas the Member States ought accordingly to be authorized to institute prior surveillance of these imports by making them subject to the issue of an import document;
Whereas it is necessary to maintain, for a transitional period, the arrangements for the provision of information thereby established; whereas, however, the scope of the surveillance should be limited to take account of the reduction, fixed for 1990, of the range of products and countries of origin covered by the measures with external effects;
Whereas the import document must be issued automatically, within a fixed time limit and for all the quantities applied for; whereas the fact that it is issued automatically excludes the use of the system in circumstances which would extend its restrictive effects beyond that which is necessary to attain the desired objective;
Whereas application of these surveillance measures must be of strictly limited duration;
Whereas, so that checking the origin of imports does not act as a barrier to intra-Community trade, the Member States ought as a general rule to be obliged, as part of the formalities for the importation of a product from another Member State, to confine themselves to asking the importer for a simple declaration on the origin of the product, on the basis of what he may reasonably be expected to know of it;
Whereas it is important that the Member States should keep the Commission regularly informed of the results of the surveillance,
HAS ADOPTED THIS DECISION:
Article 1
1. Each of the Member States mentioned in the Annex
is hereby authorized to to make imports for home use (hereinafter referred to as 'imports') of the iron and steel products covered by the Treaty establishing the European Coal and Steel Community listed in the Annex, originating
in the third countries mentioned in the Annex and in
free circulation in the other Member States, subject to presentation to the relevant authorities of an import document.
2. The import document shall be issued or countersigned by the Member States, without charge and for all the quantities applied for, upon receipt of the relevant application and at the very latest within 10 working days of the date on which application was lodged, without prejudice to such protection measures as may have been authorized under Article 71, third indent, of the Treaty.
3. The period of validity of the import document shall be three months.
4. Import documents which have been completely used up shall be returned immediately to the department which issued them. Unused or partly used documents shall be returned to the department which issued them within five working days following expiry of their period of validity.
Article 2
1. The importer's application shall provide the following particulars:
(a) the country of origin and the Member State from which the goods are being imported;
(b)
a description of the goods and the relevant CN code;
(c)
the quantity of the goods in tonnes;
(d)
the name, address, telephone number and telex number of the applicant;
(e)
documentary evidence of release for free circulation; falling such evidence, the import document's validity shall be limited to one month from the date of its issue;
(f)
the characteristics of any seconds or substandard products;
(g)
the reference data of any previous application for an import document in respect of the same products.
The Member States may not request any additional particulars.
2. The importer must attest to the accuracy of his application and submit as supporting evidence two duplicate copies either of the related sales contract or contracts or of the seller's confirmation of the order or orders.
Article 3
1. As part of the formalities for the importation of products of a kind covered by intra-Community surveillance measures, the relevant authorities of the importing Member State may request the importer to indicate the origin of the goods on the customs declaration or on the application for an import document.
2. Supporting documentation may not be requested except in cases where serious, justified doubts exist rendering such documentation indispensable in order to establish the true origin of the goods in question. Nevertheless, the request for such documentation may not, of itself, constitute an impediment to the importation of the goods.
Article 4
1. The Member States shall notify the Commission during the first 10 days of each month of:
(a) the tonnages in respect of which import documents were issued during the preceding month;
(b)
the tonnages in respect of which import documents expired during the preceding month without having been used totally or partially by the importers;
(c)
the tonnages in respect of which import documents issued previously were totally or partially renewed during the preceding month.
2. The Member States' notifications shall include:
(a) a breakdown by product, itemized by CN code;
(b)
a breakdown by Member State of consignment and by country of origin.
Article 5
This Decision is addressed to the Member States. It shall apply until 31 December 1990.
Done at Brussels, 1 August 1990. | [
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COMMISSION DECISION of 23 November 1984 relating to a proceeding under Article 85 of the EEC Treaty (IV/30.907 - Peroxygen products) (Only the English, French and German texts are authentic) (85/74/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (1), as last amended by the Act of Accession of Greece, and in particular Articles 3 and 15 thereof,
Having regard to the Commission Decision of 9 September 1983 to open a proceeding on its own initiative pursuant to Article 3 of Regulation No 17,
Having given the parties concerned the opportunity to make known their views on the objections raised by the Commission, pursuant to Article 19 (1) of Regulation No 17 and Commission Regulation No 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Council Regulation No 17 (2),
After consulting the Advisory Committee on Restrictive Practices and Dominant Positions,
Whereas:
I. THE FACTS
The relevant products
(1) The products which are the subject of this Decision are hydrogen peroxide and its derivatives sodium perborate and persulphates. Together with other products which are not the subject of this decision (organic and inorganic peroxides), these collectively form the "peroxygen" sector. Hydrogen peroxide, the basic product, is a powerful oxidant and besides its important captive use (for the production of sodium perborate and other derivatives) it is used in the paper, textile and chemical industries as a bleach and for the treatment of waste. Sodium perborate, the principal downstream product, is used as a bleaching agent in synthetic detergents and washing powders. Persulphates are inorganic compounds used primarily as polymerization initiators in the plastics industry.
The parties
(2) The undertakings which participated in the agreements and/or concerted practices concerned in the present decision are: - Solvay et Cie, Brussels (Solvay),
- Laporte Industries (Holdings) PLC, London (Laporte), (1) OJ No 13, 21.2.1962, p. 204/62. (2) OJ No 127, 20.8.1963, p. 2268/63.
- Degussa AG, Frankfurt (Degussa),
- L'Air Liquide SA, Paris (L'Air Liquide),
- Produits Chimiques Ugine Kuhlmann (now Atochem), Paris (PCUK).
The worldwide interests of Solvay and Laporte in the peroxygen sector have since 1970 been coordinated and grouped in a series of jointly-owned companies under the name Interox.
(3) There is however no holding company, board of directors or chief executive for the Interox activities. Overall policy is determined by a Committee drawn equally from senior directors of Solvay and Laporte which has no formal powers of management or control. Liaison between the various Interox companies on marketing, financial and technical matters is effected by a staff known as Interox Co-Ordination and based in the parent companies' offices in London and Brussels. At a day-to-day level the production and marketing activities of each Interox company in the various Member States are carried out by the appropriate Solvay or Laporte subsidiary, the Interox companies in the EEC generally having no working staff but paying for the services of employees of the parent companies.
In October 1983 PCUK was split up and its peroxygen business transferred to Atochem, part of the Elf-Aquitaine group.
L'Air Liquide and Atochem operate joint hydrogen peroxide production facilities (Oxysynthese) but produce sodium perborate independently and have separate sales departments for both products.
Markets and prices
(a) HYDROGEN PEROXIDE
(4) The market in the EEC and elsewhere is characterized by the particularly small number of producers.
The total third-party market (i.e. excluding captive use and sales to other producers) for hydrogen peroxide in the EEC is around 90 000 tonnes (worth some 75 million ECU in 1981).
The Interox grouping holds over half this market, Degussa is in second place with ... % (1) and the two French producers each account for some ... %.
In Western Europe the only other producers are Montedison, Eka-Bohus (Sweden) and Foret (Spain). The only other producers of any appreciable scale outside Europe are in the United States and Japan, and imports to the Community are minimal.
(5) Prices for the product vary widely not only between the Member States but also inside each national market according to the sector of utilization : inside the same Member State the price paid by the smallest customers can be up to four times that charged to major users.
The chemical industry, which orders in bulk, tends to pay the lowest prices overall and can negotiate large discounts off list price. Inside each national market there is a very broad price spread with some large chemical customers paying only 40 % of the price paid by other large users. Moreover, price levels in one Member State can be up to twice those applicable in another : the average price in France is generally only half the level prevailing in neighbouring countries.
Details of prices obtained by the Commission show (for instance) that in the first quarter of 1982 the spread of prices for the five largest chemical customers in the United Kingdom was 915 to 1435 ECU per tonne, and in France, 354 to 737 ECU.
In the paper and textile industries there are a large number of customers often with only small annual offtakes and prices are higher than in the chemical sector. The same phenomenon of substantial differences in average prices between Member States and wide price variations among individual customers is also apparent in these sectors.
The product is homogeneous and all the major producers in Europe employ the same process route (the "AO" or auto-oxydation process) so that there is no great difference in their cost structures. (1) In the published version of the Decision, some figures have hereinafter been omitted, pursuant to the provisions of Article 21 of Regulation No 17 concerning non-disclosure of business secrets.
It is significant that in an internal Interox memorandum the product is described as "effectively a commodity product (0,5 m tpa) ... (selling) at specialty prices and markups" with a "dauntingly high entrance fee in development costs for would-be producers". Figures obtained by the Commission show gross profit margins in hydrogen peroxide of typically ... % of sales value.
(b) SODIUM PERBORATE
(6) Western Europe accounts for the major part of world production and consumption of sodium perborate. Again the total number of manufacturers in the EEC is small : besides the hydrogen peroxide producers, which all have downstream production of sodium perborate, only two other chemical concerns manufacture the product and are dependent on bought-in feedstock.
The total EEC market in 1981 was around 450 000 tonnes (value 225 million ECU) of which the Interox grouping had ... % Degussa ... % and the French producers ... % each.
Customers are relatively few in number and consist mainly of the multinational detergent and washing powder producers. Consequently price variations, though not insignificant, are less marked than in the case of hydrogen peroxide.
(c) PERSULPHATES
(7) In the EEC persulphates market the main producer is the Interox company Peroxid-Chemie. Other EEC producers are Degussa and L'Air Liquide. Interox holds about two-thirds of the total market which is around 12 000 tonnes per annum.
Position of EEC producers
(8) The European producers between them account for some three-quarters of world hydrogen peroxide output if their overseas operations are included : the Interox grouping, Degussa and Oxysynthese are respectively the three largest world producers of hydrogen peroxide.
In sodium perborate the Western European producers account for some 80 % of world production, and the Interox group is again the world's largest producer.
The European producers between them account for about half the world output of persulphates.
Summary of the infringements
(9) The investigations carried out by the Commission under Article 14 (3) of Regulation No 17 on 9 and 10 December 1980 and subsequent enquiries under Article 11 of the Regulation showed that: (a) from at least 1961 the above-named producers have conducted their commercial operations in hydrogen peroxide and sodium perborate in the EEC on the basis of an agreement or understanding that each national market was to be reserved for those producers which manufacture inside the territory in question (the "home market rule");
(b) on the basis of an agreement originally made in 1958 by which the market share of Solvay in France for both hydrogen peroxide and sodium perborate was to rise to and then remain at one-third of the total national market, the Solvay/Laporte Interox group, L'Air Liquide and PCUK divided the French market between them in equal shares;
(c) on the basis of an agreement in writing made in or about 1969 between Solvay and Degussa, the business of major customers for hydrogen peroxide and sodium perborate in the Benelux was allocated between Degussa and the Solvay/Laporte Interox group in agreed proportions and percentage quotas were fixed for the remaining business ("Benelux agreement");
(d) on the basis of an agreement in writing made in or about 1970 the market for hydrogen peroxide and sodium perborate in Germany was divided between Degussa and the Solvay/Laporte Interox group in the respective proportions of 62 : 38 for hydrogen peroxide and 72 : 28 for sodium perborate and continuous contact took place to ensure that list prices were being respected ("Germany agreement");
(e) on the basis of an agreement made in 1973 the Solvay/Laporte Interox group and Degussa maintained their world-wide sales of persulphates in the agreed proportion of 70 : 30 and coordinated their pricing policy ("Persulphates agreement").
Details of the arrangements made by the parties to which the Commission takes objection are set out in the paragraphs which follow.
A. THE HOME MARKET RULE
Participants : Solvay, Laporte, Degussa, L'Air Liquide, PCUK (now Atochem)
Separation of national markets
(10) The EEC markets for both hydrogen peroxide and sodium perborate are strictly divided on national lines. Each producer limits its sales to end-users in those Member States where it possesses production facilities.
Thus in Germany, Belgium, the Netherlands and Luxembourg, the Interox group and Degussa are at the same time the only producers and the only suppliers of hydrogen peroxide. L'Air Liquide and Atochem (formerly PCUK) which manufacture in France only (Oxysynthese) do not sell any hydrogen peroxide whatever in these territories.
In France, Interox, L'Air Liquide and Atochem, but not Degussa, operate hydrogen peroxide production plant. The market is equally divided between the first three but Degussa has never sold in France.
In the United Kingdom the Laporte side of Interox is the only producer and enjoys a 100 % monopoly of supply.
The strict separation of the national markets and the absence of intra-Community exchanges is all the more remarkable given the very considerable price differences, particularly as between France and the neighbouring Member States.
(11) A similar market division is apparent in sodium perborate, the only difference being that Degussa, while concentrating on the Benelux and German markets where it owns production facilities, does supply some minor customers with small quantities (less than 1 % of the market) in France, Italy and the United Kingdom.
There is also evidence that Interox at least discourages trading across national borders by its customers. Traders in Belgium selling to the German market in 1975 and 1980 were required to cease this activity. The producers also have arrangements of long standing to limit imports of hydrogen peroxide into the EEC particularly from Austria where Alpine is the local producer. This small hydrogen peroxide manufacturer is required to declare to the major producers its EEC sales. It is supposed to limit sales to Belgium to 200 tonnes per annum. When sales by Alpine to France exceeded the "forecast" it had given the other producers of 70 tonnes per month this resulted in complaints from L'Air Liquide. Interox appears to have believed that this activity could be controlled by an approach to Alpine through Degussa.
The "home market principle"
(12) Documentation found at Solvay shows that as early as 1961 the producers accepted the principle of respect for "home markets" as the basis for the organization of the European market.
In 1959 the major producers had formed an association known as "Bitop" (Bureau International Technique de l'Eau Oxygénée et du Perborate de Soude). This body was supposedly concerned only with technical matters of common interest but it is apparent that it was considered the appropriate forum for reaching agreement on the division of the market between the producers. When Solvay planned in 1961 to expand outside its traditional "home markets" of Belgium and the Netherlands by setting up new factories in France, Germany and Italy, the established producers in those territories wanted to be "compensated" for accepting Solvay's presence. At the time Bitop was planning an export quota system for hydrogen peroxide and sodium perborate - to include "exports" inside the EEC - and the proposal was made to compensate the producers who would have to make room for Solvay on their "home markets" by giving them an increased share in the export cartel. Those producers who would not be affected by Solvay's plans - i.e. those located in Austria, Switzerland and the United Kingdom - would give up a third of their exports outside their "home markets" to those producers which were concerned by Solvay.
(13) At the foundation of the adjusted export quota system, but independent of it, lay the principle of respect for home markets. The export quota system was thus described "accessory to a geographical sharing (home markets)" (accessoire d'une répartition géographique (home markets)). The same document continues : "The protection of home markets is applicable in all common market countries." ("La protection des home-markets vaut pour tous les pays du marché commun"). It is apparent that there were only limited exceptions to the rule : the Austrian producer Alpine had been allocated a small quota for delivery to other European markets. The document observes : "The Bitop proposal assumes that the home market rule is applied strictly on the Belgian H202 market. However by virtue of a bilateral arrangement between Solvay and Alpine, the latter retains a certain right to deliver in Belgium (200 t telles quelles)".
The whole tenor of the documentation is that there already existed a consensus of opinion between the producers that the European market was to be organized on the basis of the protection of home markets.
(14) In its reply to a request for information under Article 11 of Regulation No 17, Solvay described the home market rule as "the old principle whereby it makes good sense for each producer to supply the major part of its output in the country where it produces ... this "rule" existed well before Solvay made its entry into the business independently of the agreements to share export markets". In their replies to the statement of objections however both Solvay and Laporte deny that Solvay had thereby impliedly admitted the existence of any understanding to this effect between the producers.
(15) A sodium perborate export cartel was set up in 1962 but no details of how the quotas were calculated are available. In the same year Bitrop changed its name to "CIPP" (Centre d'Information de Peroxydes d'Hydrogène et de Perborate de Soude).
While the manufacturers claim as far as the organization of markets was concerned that CIPP was involved only with quotas to non-EEC countries it is apparent that the "home market principle" continued to govern their relations with each other in the European market which accounted for 90 % of their business. In 1968 Degussa (which had hitherto manufactured only in Germany) planned to expand by building a new plant in Antwerp. Solvay's reaction to this proposed expansions was to boycott CIPP for 18 months : it clearly considered that Degussa was trespassing on its territory. Their differences were resolved with the conclusion of agreements on the division of both the Benelux and German markets in 1969/70 and Solvay returned to CIPP. In a memorandum of 23 March 1970 a Laporte executive observed : "The home market principle emerged through this period more or less unscathed". In a further comment it is made clear that the rôle of CIPP was not confined to third markets : "it should be borne in mind that the observable activities of CIPP at plenary sessions, both formal and informal, are a very small part of actual achievements. The arguments surrounding and the heat generated on third markets is (sic) no more than a safety valve, tending to disguise the fact that they probably account for a mere 10 % of turnover and even less in terms of profitability". The implication is that the more serious work of CIPP concerned the stability and organization of the European market.
(16) The abolition of CIPP was already mooted in the memorandum which concluded by observing that as only three producers of any importance were left in Europe - Solvay/Laporte, Degussa, and L'Air Liquide/PCUK - "there may therefore be scope for advocating the abolition of CIPP and the formation of a smaller but possibly more powerful arrangement consisting of the three producers".
CIPP was indeed dissolved in 1972 but collaboration between the three major groups continued. An ad hoc committee met to administer quotas in third markets but there was also collusion on tendering for capital projects. Generally these would involve the construction of a turnkey plant in a non-EEC country to be operated under licence by a local producer or a joint company. An internal Laporte minute (of unknown date) reads : "Meet in Paris to discuss common terms. Greece. We should withdraw. Degussa will not offer. Check with the French." On the one known occasion when an opportunity arose inside the EEC for a new capital project (for a major chemical producer in Germany in 1979) Degussa expected the "home market" rule to apply and when told by Laporte that the French producers had been approached said it would like the French to "protect" i.e. quote a deliberately uncompetitive price to allow Degussa as local producer to obtain the business. (The actual tenders submitted are difficult to compare but in the event the project was abandoned).
(17) A Laporte memorandum dated 18 April 1979 of a meeting with Degussa indicates that the major groups at that time still had a precise understanding on how the European market was to be divided between them and in which countries each was to supply. (The memorandum was headed "Strictly confidential - do not file" and marked "RED" in capital letters across the first page. The term "red note" was apparently used in Laporte to denote documents relating to market sharing agreements which were to be kept secret.) Degussa was planning to abandon production of the hydrogen peroxide substitute sodium peroxide, a product in which it had a monopoly in the EEC. It supplied customers not only in the Benelux and Germany but also in other countries such as France and the United Kingdom. Giving up production would mean that these customers would be in the market for an equivalent quantity of hydrogen peroxide. It is significant that the basic assumption on both sides was not that the producers would compete for the new business, or even that Degussa would in future supply its sodium peroxide customers with hydrogen peroxide, but that the business would normally fall to be divided up in each market in accordance with a pre-existing formula. Thus Degussa would be totally excluded from the United Kingdom and from France, where Interox would gain 100 % and 33 % respectively of the new business. It is significant that the Interox "normal gain" in Germany and France corresponded with the quotas it had been given under the original market sharing agreements for those countries. Degussa wanted however to have half of all the new business in hydrogen peroxide that would arise, and it is apparent that both parties anticipated that without much difficulty the other producers (particularly the French) could be persuaded to give up some of the benefit they would have gained "as a reward for the Interox initiative". It is also significant that Europe is divided into Germany on one hand and "Interox" markets on the other, and those where other producers are present are referred to as "those markets where there is sharing", and the producers are described as "partners". The assumption that in the United Kingdom Interox's "normal gain" would be 100 % of the business indicates that it was accepted by the producers that this market was normally reserved for Laporte. Again it is significant that Degussa, while eager to take part of any increased quota in the United Kingdom, assured Laporte that such supplies would be "fully controllable".
(18) Laporte and Solvay claim the proposal was never implemented. Whether it was or not is irrelevant : the significance of the proposals is the underlying assumption that any new business would in the normal course of events have to be divided so as to maintain the status quo on each market.
The arguments of the producers
(19) The producers all deny that there exists or existed a general understanding or arrangement between them regarding the division of the EEC market according to a "home market" principle.
They all contend that the rigidity of the pattens of trade and the confinement by each producer of its sales to particular markets is accounted for not by any agreement or understanding to that effect but by natural market forces. The establishment of the EEC (it is said) has not served to overcome invisible barriers to trade such as the desire of customers for security of supply, their preference for local suppliers, currency fluctuations and transport problems and costs.
(20) It is argued by Solvay that on the demand side the market division results as far as Interox is concerned from the geographical location of its production units and for the other producers from a variety of factors including production capacities and technical problems of transport. Solvay goes on to contend that the rules of competition do not compel a producer to follow an active policy of trade between Member States : restriction of sales to home markets is only unlawful if it results from collusion which, it is argued, has not been proved. The phenomenon observed by the Commission is said to be the natural result of the oligopoly in hydrogen peroxide and sodium perborate : in such a market there is a natural tendency for prices to stabilize which involves a corresponding equilibrium in market shares.
Unless they enter into a counter-productive price war which will benefit no-one, the producers are thus - according to Solvay - obliged to accept such an equilibrium in the market. Nevertheless for its part Solvay says it adopted at specific moments a policy of attacking particular markets by installing new capacity : such was the case in 1956 when it expanded to France, Germany and Italy. The same situation arose at the end of the 1960's when Degussa set up its Antwerp plant. In order to achieve market penetration producers are obliged to set up plant in the market concerned which will give the other producers reason to fear a real "war" unless they make room for the new arrival.
(21) Degussa also recognizes that a "home market" principle exists but claims it results not from collusion but from the independent commercial judgement of the producers in an oligopolistic market. The reason why the French producers did not enter the German market was fear of retaliation from Degussa in France. With regard to its own expansion to the Benelux in 1970 it did so without any prior arrangement with Solvay. Degussa however had assumed that no retaliation would occur because the main customer for its new plant was to be Henkel, its oldest client, to which Solvay could not object.
(22) Laporte admits that the use of the terms "home market rule" or "home market principle" was not confined to the documents found by the Commission nor indeed that they were unknown outside Solvay and Laporte. However it argues that the specific references to the "home market rule" are not inconsistent with the operation of natural market forces and says that the Commission has placed "undue weight" on the documents and the prejudicial circumstances of their discovery.
Factual conclusions
(23) The Commission does not accept that the strict market separation on national lines which is a characteristic of both the hydrogen peroxide and sodium perborate sectors in the EEC results from natural market forces or the independent commercial judgment of the producers.
It considers that the market separation is the result of an arrangement or understanding of long duration (from at least 1961) between the producers, originally based on an acceptance of the "home market principle", i.e. that the national markets would be reserved for domestic producers. Where a producer did expand by installing or planning to instal production facilities in a national market previously not within its sphere of operations (as Degussa did in 1968 to 1970) this would be regarded as a disloyal or hostile action : hence Solvay's boycott of CIPP for 18 months. Nevertheless the difference between the two groups concerned was resolved by the conclusion of a detailed market-sharing quota agreement between them on the division of the Benelux market and the maintenance of the status quo in Germany ; hence the remark that the principle had emerged "more or less unscathed". There was also an agreement for sharing the French market equally between three producers. The Commission does not consider that these bilateral agreements were isolated or discrete arrangements : they formed part of a wider organization of the market based on the allocation of territories to each producer. The whole rationale of these agreements is that the available market is divided between certain producers and they would not have been practicable unless the participants had the certainty that their arrangements on the division of the business, the allocation of customers and on pricing would not be disturbed by incursions from other producers.
The "red note" of 18 April 1979 shows not only that there were close contacts between Degussa, Interox and the French producers but also that the EEC market was the subject of a detailed understanding on how business was to divided between the producers. This document, together with the earlier references in 1961 and 1970 provides the necessary evidence of collusion between the producers on the organization of the European market.
(24) The opportunity for monitoring the maintenance of the agreed market divisions was provided for in Bitop, then in CIPP, and latterly in the ad hoc contacts between the producers. These meetings were clearly not concerned only with technical matters or even the export quotas for third markets as is made clear from the withdrawal of Solvay in protest at Degussa's Benelux expansion and the observations made by Laporte on their activities.
The expression "home market rule" or "home market principle" was used by the producers themselves in relation to the partitioning of the market and is not the creation of the Commission. Contrary to the argument of Laporte, it does not consider that it should overlook or ignore the implications of the documentation found at the premises of the producers and expressly referring to such a principle.
While it is correct that hydrogen peroxide (but not sodium perborate) requires special care in handling and shipping, such transport problems do not - as the manufacturers claimed - prevent the product from being supplied across national frontiers. Degussa for instance supplies a considerable part of the German market from its Antwerp site, while certain concentrations sold in France by Interox are produced in Belgium. Even the English Channel is not a great obstacle, as is demonstrated by Degussa's expressed readiness to take part of any increased quota in the United Kingdom.
(25) The Commission therefore considers that the evidence shows: (i) the major part of the EEC market is partitioned on strict national lines with each producer supplying only in those territories where it has production facilities;
(ii) this market division results from and is referable to an understanding or arrangement between the producers;
(iii) the various market-sharing agreements (for Germany, the Benelux and France) are not isolated or fragmented cases but constitute part of a general cartel formed by the producers by which the market is organized.
B. MARKET SHARING AGREEMENT IN FRANCE
Participants : Solvay, Laporte, L'Air Liquide, PCUK (now Atochem)
The 1958 agency agreement
(26) In or about 1958 Solvay constructed a new plant for hydrogen peroxide and sodium perborate at Tavaux in France. At the same time the two French producers formed their joint subsidiary Oxysynthese to produce hydrogen peroxide.
By an agreement in writing made in 1958 (and reproduced in its essential terms by a second agreement in 1967) Solvay appointed the two French producers as agents for the sale and distribution of its peroxygen products in France. The contract provided that at the beginning of each year the parties would determine by mutual agreement the tonnage of each product to be sold on Solvay's behalf.
The producers however admit that at the same time the contract was signed the producers agreed that each producer would cover one-third of the French market in hydrogen peroxide and sodium perborate. The arrangement continued after the setting up of Interox in 1970 and regular meetings were held to review the market situation and supervise the administration of the quotas.
(27) In 1973 the chemical producer Rhône-Poulenc constructed a new hydroquinone plant at St-Fons with an annual requirement of several thousand tonnes of hydrogen peroxide. Solvay (Interox) claimed that the market-sharing agreement entitled it to a one-third share of this new business but the French producers demurred and concluded a total requirements contract with Rhône-Poulanc for this new application. The three producers never reached agreement on the question of the division of the Rhône-Poulenc business. The St-Fons factory takes all its requirement from the French producers (± 5 000 tpa).
At the beginning of the 1970's Solvay was setting up its own sales network in France and becoming less dependent on the agency arrangements. This agreement was terminated by notice to end on 1 January 1975 and from that date Interox made its own arrangements for the sale and marketing of peroxygen products in France.
Continuation of the market-sharing arrangements
(28) While the agency agreement was terminated according to the legal requirements the quota agreement was never formally cancelled and the participants have produced no documentation to show that it was brought to an end.
Solvay claims that the quota arrangements lapsed at the same time as the agency agreement. The evidence obtained however shows that not only did the quota arrangements continue to produce their effects - in the sense that the agreed division of the market into three was maintained - but also that this was referable to a continuing collusion between the three producers.
Maintenance of the agreed market division
(29) The one-third market share allocated to Solvay for France has been maintained since the termination of the agency agreement in 1975. The Rhône-Poulenc requirement had not been contemplated by the parties when the original market share had been agreed and it is apparent from the documentation that it was treated as a new application quite separate from the general hydrogen peroxide market. Solvay appears to have tacitly accepted that Rhône-Poulenc St-Fons should be treated as a special case.
Excluding St-Fons, the average market shares of the three producers in hydrogen peroxide in France between 1975 and 1980 were in the proportion AL 32,3 % ; PCUK 33,3 % ; Interox 34,4 %. The French hydrogen peroxide market in 1980 (excluding Rhône-Poulenc St-Fons) was some 15 000 tonnes.
In sodium perborate as well the same division into three almost equal parts also remained : over the same five years the average was AL 32 % ; PCUK 34 % ; Interox 34 %. The market in 1980 was estimated at 83 000 tonnes.
Exchange of information on deliveries
(30) The three producers which supplied the French market continued after 1975 to exchange detailed information on their respective production and sales figures of the same kind as they had done previously. Now however it was effected every month through a body known as the "Chambre Syndicale de l'Eau Oxygénée et des Persels". This body collects statistics from each of the producers and issues them with composite figures for the whole French market. The limited number of producers (effectively only two in hydrogen peroxide) means that each producer is automatically informed of the production and sales of the other group and can also check that its own market share remains at approximately one-third of the total.
In fact, besides the monthly statistics issued by the "Chambre Syndicale" the producers exchanged further and more detailed information on matters not covered by the "official" exchange. The data available through the Chambre Syndicale do not include details of sales to individual customers, nor can these be discovered by any analysis of the figures. The producers also deny exchanging any information other than via the "official" association. Nevertheless documentation obtained from Solvay for 1978 to 1981 shows that it was precisely and correctly informed of the sales made by L'Air Liquide, PCUK and Oxysynthese to individual customers.
(31) Thus Solvay knew exactly to the tonne the quantity of hydrogen peroxide supplied in 1978, 1979 and 1980 by the producers to the two major chemical industry customers as well as the exact quantities sold by Oxysynthese to Rhône-Poulenc for the hydroquinone plant at St-Fons. On this basis it was able to check its market share in each of the principal sectors (paper ; chemical industry excluding Rhône-Poulenc hydroquinone ; textiles). For 1979 and 1980 it was also aware of the precise tonnage supplied by the French producers to each customer in the chemical and the paper sectors, including those which were not its own customers (which indicates that it must have obtained the information from PCUK and/or L'Air Liquide). These documents also confirm that the producers treat Rhône-Poulenc's St-Fons requirement for hydroquinone as a special case.
(32) Similarly Solvay knew the exact sales of sodium perborate by the French producers to each of the four main detergent producers for 1978, 1979 and 1980, and could check that it had roughly one-third of the business of each ; although the breakdown by customers is not apparent from the composite monthly figures from the Chambre Syndicale.
The Commission has under Article 11 of Regulation No 17 checked the sales of each producer to the major individual customers and the figures obtained confirm the accuracy of those recorded by Solvay : they were not therefore simply estimates but constituted correct information which could only have been obtained from the other suppliers.
From 1981, that is, following the investigations made by the Commission in December 1980, the documents no longer showed any information on individual customers.
Arguments of the producers
(33) The producers all deny that the agreement dividing the market into thirds survived the termination of the agency agreement in 1975. They point to the variations from year to year in the relative percentage market shares of the three suppliers and claim that these are inconsistent with a system of fixed quotas. It is also argued that in relation to hydrogen peroxide it is illogical to exclude the supplies to Rhône-Poulenc St-Fons and that if these were included Interox would only have around 25 % of the market.
(34) They also argue that there is no evidence of collusion : the exchange via the "Chambre Syndicale" was not intended (they say) to provide a check on the maintenance of the three-part market division. Solvay claims that the documents showing detailed knowledge to the last tonne of the quantities supplied to each major customer - which cannot be discovered from the official "Chambre Syndicale" statistics - are not conclusive proof of any exchange of additional information. While the other producers can provide no explanation of how this information came into Solvay's possession Solvay claims that it could have come from customers who have an interest in communicating their annual requirement to a potential supplier. It provided the Commission with reports of visits to customers which it claimed supported its contention.
Factual conclusions
(35) The Commission considers that the arrangement to divide the French hydrogen peroxide and sodium perborate market equally between the three suppliers was independent of the formal agency agreement which was terminated in 1975 and continued in practice until at least the date of the Commission's investigations in December 1980.
Although it is correct that the shares of the producers relative to one another fluctuated, their average market shares for both products during the six years in which the Commission considers the sharing arrangement to have remained in force was almost exactly one-third each, the division which had originally been agreed. The argument that there is no reason for excluding Rhône-Poulenc St-Fons from the general third-party hydrogen peroxide market for France is disproved by the parties' own documentation : it is apparent that it is treated as a special case. In any event the argument does not apply to the sodium perborate sector where the equal sharing is also apparent.
(36) The exchange of information went far beyond the official "Chambre Syndicale" scheme which even on its own permits the market behaviour and market share of individual producers to be identified. The detail and accuracy of the total sales made to individual customers by the French producers shown in the Interox documents is such that it could only have been ascertained by contact between the suppliers themselves. The Commission does not accept that such detailed and accurate information on competitors' sales was obtained from consumers. The visit reports supplied by Solvay to support its argument that it may have obtained these details from customers generally do not even relate to the customers of whose consumption it was informed in precise detail and even where they do concern a customer listed in the documents give only general estimates of monthly or annual requirements which do not correspond with the precise figure as set out in the tables on which the Commission relies. The Commission concludes that the producers systematically exchanged details of their sales to each major customer. By exchanging detailed figures each producer could not only check that its market share was being maintained at one-third but could also ascertain the source of any imbalance or deviation.
C. BENELUX AGREEMENT
Participants : Solvay, Laporte, Degussa
(37) To accommodate the new production capacity of Degussa in Antwerp which was due to come on stream in 1970, an agreement was reached at the end of 1969 between Solvay and Degussa on the division of business and the allocation of major customers in both hydrogen peroxide and sodium perborate.
Degussa's plans had originally been resisted by Solvay which had reacted by boycotting CIPP meetings for 18 months.
In hydrogen peroxide, the Netherlands market was to be divided equally between the two producers. For Belgium, special arrangements were made for the business of the two major customers : UCB was allocated to Solvay and AKZO was to be shared equally between them. As regards the rest of the Belgian market Degussa was to be permitted to build up its share progressively to one-third.
In sodium perborate the Benelux was treated as a single unit to be divided between Solvay and Degussa in the proportion of 80 : 20, with the exception of Henkel, Degussa's oldest customer, where the proportions of the share were to be reversed (i.e. Degussa was to get 80 %).
(38) These arrangements were summarized in writing in the form of so-called "gentleman's agreements" which were still in existence and were being referred to in secret internal memoranda as late as April 1979. In spite of repeated requests made to both parties during the investigation and subsequently no copies have ever been provided to the Commission and it has had to rely on the account given in response to requests under Article 11 by Laporte.
After Solvay and Laporte set up the Interox grouping the arrangement was continued. Meetings were held three times each year to review the operation in practice of the agreements and to correct deviations from the quotas. Imbalances would be corrected by the producer whose market share was below quota reducing his selling prices or offering special terms in order to increase his sales in the next quarter. There was also some telephone communication between the producers to ensure the agreement was being kept. Over the years the original agreement was subject to some modification and practices developed which had not been envisaged at the outset. Nevertheless as Solvay admits the parties met regularly until at least the end of 1980 and had reached a consensus on their respective positions in the market.
(39) In 1978 a proposal was made (apparently by Degussa) to "simplify" the Benelux agreement (and the "Germany" agreement) and reduce contact to a minimum. There was however no intention on either side of altering the status quo as outlined in the agreements. The essential key to any successful simplification of the agreements was said to be the willingness of individuals "at the highest level" to exert their influence on the national managements to ensure that quotas were rigorously adhered to, with any deviations to be the subject of criticism. The plan, which was agreed in a meeting between Degussa and Interox on 17 April 1979 for submission to more senior company officials would involve central management informing the national managements (incorrectly) that any detailed arrangements which may have existed between the two groups were being revoked but that "common sense" would prevail in the future. Contact was to be reduced to a minimum and was to take place only through certain named executives on each side.
Solvay, and Laporte claim the proposal to "simplify" the agreements was never implemented : if that is so, the arrangements must have continued as before.
Solvay, Laporte and Degussa admit their participation in the Benelux agreement until December 1980.
D. GERMANY AGREEMENT
Participants : Solvay, Laporte, Degussa
(40) A related but separate agreement was reached in 1970 between Degussa and representatives from Solvay and Laporte on the division of the German market. The purpose of this agreement, which was also made in writing, was to maintain the "status quo" based on the respective average sales of the two groupings in Germany over the preceding three years in both hydrogen peroxide and sodium perborate.
This gave the Interox grouping 38 % of the market in hydrogen peroxide to Degussa's 62 %. For sodium perborate the agreed percentage quotas were 28 to 72 %. The size of the market for these products in Germany in 1980 was respectively 23 000 and 130 000 tonnes. Copies of this agreement were provided to the various national managements but again the parties declined to provide copies.
Meetings took place three or four times each year to supervise the detailed execution of the quota agreement. In one document dating from 1974 and found at Solvay the "Soll" (or quota) of the two producers is calculated to two decimal places : 38,64 % : 61,36 %. This document also indicates that particular arrangements, not disclosed by the producers, were made in respect of the division of the business of the major customers AKZO, Ciba Geigy and Henkel : the note of the 1979 Degussa-Interox meeting also indicates that special quotas had been set for different customers.
It is not clear in what detail the original agreement covered the fixing of prices. In practice the two groups were in telephone contact several times each week to ensure that their list prices - which were identical - were being respected.
(41) In 1979 the parties were also anxious to simplify the "Germany" agreement which involved a far closer degree of contact - and hence a greater risk of discovery - than the Benelux agreement. It was agreed in principle that in future there should be less concern to check prices at individual customers provided there was no risk to maintaining the basic price structure. The quota arrangements for different customers or in different sectors were also to be simplified in such a way that the status quo was not disturbed. On price, if either side wished to apply below-list prices for a new application, the initial contact was to be made via Interox-coordination (i.e. Solvay or Laporte head office). These points were to be summarized in a draft annex to be attached to the original Germany agreement. Again it is claimed the proposed amendments were never implemented.
The parties have also admitted their participation in the Germany agreement until December 1980.
The claim however in relation to both the Germany and Benelux agreements that they were intended only to facilitate the maintenance of an "equilibrium" already existing in fact by reason of the oligopolistic structure of the market.
E. PERSULPHATES AGREEMENT
Participants : Solvay, Laporte. Degussa
(42) In 1979, following anti-trust proceedings in the United States in the persulphates sector, involving among others Solvay and Laporte, the Commission carried out an investigation into the possible extension of the alleged arrangements on the United States market to the EEC. The representatives of Laporte denied categorically that there had ever been any restrictive agreements concerning the European market and the enquiry was closed.
The evidence obtained during investigations in the present case shows however that in or about 1974 the Interox grouping and Degussa agreed to fix their respective sales of persulphates on the world market (including the EEC) in the proportion of 70 : 30 based on their respective sales in the period 1971 to 1973.
Arrangements were also made between Peroxid-Chemie (the Interox company primarily concerned with persulphates) and Degussa to share the new business which arose when the Dutch producer AKZO ceased production in 1977.
Total sales figures were periodically exchanged and steps taken to redress any imbalance in the quotas. The collaboration in the persulphates field also extended to discussions on the coordination of pricing policy.
II. LEGAL ASSESSMENT
A. ARTICLE 85 OF THE EEC TREATY
Article 85 (1)
(43) Article 85 (1) of the EEC Treaty prohibits as incompatible with the common market all agreements between undertakings or concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the common market, and in particular those which: (a) directly or indirectly fix purchase or selling prices or any other trading conditions;
(b) limit or control production, markets, technical development or investment;
(c) share markets or sources of supply;
(d) ...
(e) ...
Agreements and concerted practices
The general cartel : home market rule
(44) The Commission does not consider that the strict separation of the EEC market and the confinement by each producer of its activities to certain markets arose from natural market forces or the independent judgment of the producers. The documentation which was found for 1961 made frequent reference to a "home market rule" which, as Solvay stated, already existed and was distinct from any accessory agreement on third market quotas. The evidence shows that the "home market rule" was accepted by the producers on the basis of reciprocal cooperation on which the industry was organized. The "home market principle" was again mentioned in 1970, being said to have "emerged more or less unscathed" from the period of differences between Solvay and Degussa, which were resolved with the conclusion of status quo and quota agreements in Germany and the Benelux. The 1979 document ("red note") shows that the close collaboration between the producers and a reciprocated community of interest continued at that time with the division of the EEC market forming the basis of a general consensus between all the producers.
(45) It is not necessary, for the establishment of a concerted practice, for the parties to have agreed a precise or detailed plan in advance. (Judgment of the Court of Justice in Re the European Sugar Cartel : Suiker Unie and Others v. Commission, Cases 40-48/73 ; 50/73 ; 54-56/73 ; 111/73 ; 113-114/73 Judgment of 16 December 1975 (1), paragraphs 173 to 174.) The criteria of coordination and cooperation laid down in the case law of the Court must be understood in the light of the concept inherent in the provisions of the Treaty relating to competition that each economic operator must determine independently the policy which he intends to adopt on the common market. This requirement of independence does not deprive undertakings of the right to adapt themselves intelligently to the existing and anticipated conduct of their competitors, but it does strictly preclude any direct or indirect contact between them, the object or effect of which is either to influence the conduct on the market of an actual or potential competitor or to disclose to such a competitor the course of conduct which they themselves have decided to adopt or contemplate adopting on the market.
The documents show that the decision by each producer of its markets and customers was not the subject of independent commercial judgment. The "home market rule" is expressly and consistently mentioned as the basis on which they conducted their activities first in "BITOP" and then in "CIPP". The 1979 "red note" of the Degussa-Interox meeting shows that there was close contact, direct and indirect, between all the producers on their future conduct and plans as well as a general consensus on how any new business was to be divided between them on each national market.
(46) In the present case the evidence shows that: (a) the producers accepted and intended that their commercial conduct in the EEC should be governed by the principle of protection of traditional home markets, (1) ECR 1975, p. 1663. the restriction by each producer of sales to those territories where it possessed production facilities, and the division of business in those markets where several producers were present according to specific market sharing agreements;
(b) in accordance with this rule they confined their activities to particular defined markets;
(c) as a result the division of the EEC market on national lines was maintained.
The Commission therefore considers that the factual separation of national markets in the major part of the EEC results from and is referable, if not to an agreement properly so called, at least to a concerted practice between Solvay, Laporte (acting as Interox), Degussa, L'Air Liquide and PCUK (now Atochem).
The Germany, Benelux and Persulphates agreements
(47) The particular arrangements concluded in 1969/70 between Degussa and the Solvay-Laporte Interox grouping setting up market sharing quotas and collusion on pricing for hydrogen peroxide and sodium perborate in Germany and the Benelux, as well as the 1974 "Persulphates" agreement covering the whole world including the EEC, constitute "agreements" for the purposes of Article 85. The market division and the conduct of the producer groupings formed the subject of precise and detailed agreements between the parties which were reduced to writing and formed the basis for their market behaviour in those sectors.
Market sharing agreement in France
(48) The original division of the French market in hydrogen peroxide and sodium perborate by which each producer took a one-third share constituted an "agreement" in terms of Article 85.
The Commission considers that, contrary to the submission of the producers, the convergent behaviour of the parties and the maintenance after 1974 of their respective market shares in the proportion originally agreed resulted from their continuing to act in collusion.
The mutual disclosure by the three producers of business details on their deliveries to major customers not only through the "official" information exchange but also by further contacts must have been intended enable each to check that the agreed market division was maintained. This arrangement indicates that the producers were still united by an express or implied agreement to divide the market. The continuation of the agreed market division was therefore the result of an agreement or at least a concerted practice.
Undertakings
(49) For the purpose of the present proceedings the Commission does not consider the Interox grouping as an undertaking possessing an identity sufficiently distinct from that of its two parent companies so as to absolve Solvay and Laporte themselves (as opposed to Interox) from liability under EEC competition rules. The Interox operation is simply the framework in which the activities of Solvay and Laporte in the peroxygen sector are coordinated and profits shared and all major policy decisions are taken by the parent companies. The Interox companies do not determine their market behaviour autonomously but in essentials follow directives issued by the parent companies.
The Commission in its statement of objections has expressly reserved the right to examine in future proceedings the applicability of Article 85 of the Treaty to the Interox arrangements. Solvay and Laporte contend that Interox is a separate undertaking constituting a merger falling outside Article 85 (1), but for the purpose of these proceedings have accepted that the parent companies are liable for any infringements referable to the Interox operation.
The fact that L'Air Liquide and PCUK operated a joint manufacturing facility for hydrogen peroxide (Oxysynthese) does not affect their separate identity as undertakings.
At all relevant times, the other French supplier besides L'Air Liquide was PCUK, part of the Pechiney-Ugine-Kuhlmann conglomerate. In 1983 the French chemical industry was reorganized and the peroxygen business of PCUK was transferred to Atochem part of the Elf-Aquitaine group. The Commission considers that as the present owner of the business entity which was involved in the infringements, and having taken over the assets and adopted the economic objectives of PCUK in this sector, Atochem must be the addressee of any decision and responsible for the payment of any fines imposed in respect of the infringements committed by PCUK.
This decision is therefore addressed to Solvay, Laporte, Degussa, L'Air Liquide and Atochem.
Restriction upon competition
(50) The overall market division and sharing arrangement, and the individual agreements covering particular geographical areas and products, together regulate almost all trade in the products concerned in a major part of the common market, and involved all the principal producers in the European market for a major industrial sector.
The "home market" arrangement, enunciated in 1961 and later refined to accommodate Degussa's expansion plans to the Benelux in 1970, delineated the territories in which each producer was to supply and consolidated the established positions of those producers to the detriment of effective freedom of movement in the common market.
As regards the individual agreements (Benelux, Germany, France, "Persulphates") these were intended to, and did, eliminate all effective competition between the parties on the markets and in the products concerned.
The argument made by the parties that the structure of the market, the position of the producers and the nature of the producers are such that conditions of competition would have been no different if they had not had the agreements, is irrelevant. Article 85 applies just as well to oligopolistic markets as to more fragmented markets. The very fact that the parties considered it necessary to enter into agreements which either maintained the status quo or limited the market penetration of a particular supplier to a given percentage, shows that market conditions might well have been different had the free play of competition been permitted.
Effect upon trade between Member States
(51) The complex of arrangements made on a European (and world) level between the major producers of peroxygen products had the effect of excluding virtually all trade between Member States except through channels subject to control by restrictive agreement. The "home market" rule involved producers refraining from supplying on the territory of others or confining their activities to particular markets where restrictive market sharing agreements had been made. The only movement of products between Member States thus occurred in the context of the agreed market organization or as coproducer deliveries.
The restrictive arrangements on the different national markets were designed to implement and reinforce the general market division between the producers and cannot be separated therefrom. However, even if they are considered individually, the market sharing arrangements for the Benelux, Germany and France have an appreciable effect upon trade between Member States.
The Benelux agreement covers trade in three Member States. In the case of the other arrangements, the agreements by dividing each national market between two or three producers effectively contribute to the preservation of barriers to trade. Further, both Degussa and the Interox grouping are established in several Member States and product supplied on one national market under the terms of a market sharing arrangement may well have been produced in another Member State : for example, Interox supplies certain products in France from its factory in Belgium.
The persulphates agreement fixed the respectives shares of the two major producers in the whole of the EEC and by its very nature affected trade between Member States.
Conclusion
(52) The Commission therefore considers that: (a) the agreement or concerted practice between all the producers by which the EEC market was organized on the basis of the respect of home markets and the confinement by producers of their sales to particular territories;
(b) the agreement dating from 1958 by which the French market in hydrogen peroxide and sodium perborate was to be equally divided between Solvay (later Interox), L'Air Liquide and PCUK;
(c) the "Benelux" agreement of 1969 by which the respective shares of Solvay (later Interox) and Degussa in Belgium, the Netherlands and Luxembourg for hydrogen peroxide and sodium perborate were fixed according to agreed quotas;
(d) the "Germany" agreement of 1970 by which the respective shares of Degussa and the Interox grouping in the German hydrogen peroxide and sodium perborate markets were fixed on the basis of the status quo and continuous contact took place to ensure list prices were respected:
(e) the "Persulphates" agreement of 1974 by which the respective shares of Degussa and Interox in the EEC persulphates market were fixed and their price policy coordinated;
constituted infringements of Article 85 (1) of the EEC Treaty.
Article 85 (3)
(53) Under Article 85 (3) of the EEC Treaty, the Commission may on the fulfilment of certain conditions grant undertakings an exemption from the prohibition of Article 85 (1). In order for the Commission to consider any exemption, however, it is a necessary pre-requisite that the agreements or concerted practices in question be notified in proper form, which was not the case in the present proceedings.
Even if the agreements or concerted practices had been properly notified there would be no possibility of any exemption being granted. Market sharing and price fixing arrangements of the type under consideration in an important industrial sector where there are a limited number of producers, virtually all of which are involved, are fundamentally contrary to the basic objectives of the Treaty. The agreements cannot be said to improve the production or distribution of goods, and their result is to eliminate any possibility of effective competition in respect of the products in question. Any benefit that could be said to result from the agreements (i.e. stability of market shares and high prices) accrue only to the participants.
B. REGULATION No 17
Fines
(54) The Commission may, by Article 15 of Regulation No 17, impose fines of from 1 000 to 1 000 000 ECU, or a sum in excess thereof not exceeding 10 % of the turnover in the preceding business year of each of the undertakings participating in the infringement where either intentionally or negligently, they infringe Article 85 (1) of the EEC Treaty. In fixing the fine, regard shall be had to both the gravity and the duration of the infringement.
In the present case the only view the Commission can take of the agreements and concerted practices is that they are of extreme gravity and were of long duration.
The gravity of the infringements lies in the fact that over a long period the producers of hydrogen peroxide, sodium perborate and persulphates effectively eliminated all possibility of effective competition in a market worth several hundred million ECU annually, and would no doubt have continued their secret arrangements indefinitely but for the discovery of the relevant evidence by the Commission.
The division of markets on national lines and the series of market sharing and quota agreements together constituted a cartel which jeopardized inter-State trade in a way which is contrary to one of the fundamental objectives of the EEC Treaty, namely the creation of a single market between the Member States.
The cartel involved deliberate and wide-ranging infringements of EEC competition law and was persisted in even after the Commission had carried out investigations concerning the persulphates sector in 1979 under Article 14 (2).
(55) As regards duration, the "home market" arrangement dated from almost the very establishment of the common market while in the case of the individual agreements these ran from 1958 for France, from 1969/70 for the Benelux and Germany, and from 1974 in persulphates.
In so far as the "home market" arrangement and the French market-sharing agreement were already in effect before Regulation No 17 came into force on 6 February 1962, the Commission will assess fines only in respect of their operation after that date. While the home market agreement was in operation from 1961, the Commission considers that for the purposes of Article 15 of Regulation No 17, its most serious aspects were manifested from about 1970 onwards with the formation of Interox, the concentration of the producers effectively into only three major groupings, and the arrangements made to accommodate Degussa's expansion to the Benelux.
The parties claim that the infringements admitted were terminated immediately after the Commission's investigations in December 1980. Although there is no substantive evidence that this was in fact the case, the Commission will assess any fines on the assumption that the infringements were not continued after this date.
(56) In assessing fines however, some distinction can be drawn between the respective responsibility of Solvay, Laporte and Degussa on the one hand and the French producers on the other. The Solvay-Laporte Interox grouping and Degussa are the major world producers of the products in question and played a dominant role in the conception and operation of the cartel. Degussa is the second largest world producer and was involved in the detailed agreements for the Benelux and Germany : the reason it did not sell in France or the United Kingdom was the "home market rule" of which it was a major beneficiary, Germany being the largest individual EEC market.
(57) In 1980, the last year in which the cartel was definitely known to have been in operation, the turnover of the Interox grouping in the products concerned in the EEC amounted to some ... million ECU.
Although after the formation of the Interox grouping Solvay and Laporte as joint owners are both responsible for its activities, the Commission is imposing separate fines. In recognition of the fact that Solvay is the larger of the parent companies of Interox, and the peroxide sector forms a far greater proportion of Laporte's total turnover than of Solvay's, the Commission will make some distinction between them.
It also takes into account that Laporte's responsibility for the French and Benelux agreements dates from 1970 when the Interox grouping was formed, both these agreements having originally been negotiated with the other participants by Solvay.
Degussa's EEC turnover for the products concerned in the year ending 30 September 1980 was ... million ECU.
The French producers had a somewhat lesser role which reflects their smaller part of the EEC market compared with Interox and Degussa. While they were not participants in the Benelux or Germany agreements, their confinement of their activities to their domestic market however ensured the effectiveness of the restrictive arrangements on other markets between Interox and Degussa, particularly as regards the maintenance of price differentials between the Member States.
In 1980 their EEC sales of hydrogen peroxide and sodium perborate to third parties (excluding co-producers) came to ... million ECU for L'Air Liquide and ... million for PCUK.
Termination of infringements
(58) By Article 3 of Regulation No 17, the Commission may, on finding that there is an infringement of Articles 85 or 86 of the EEC Treaty, require the undertakings concerned to terminate the said infringement.
The Commission is not satisfied that the infringements have in fact ever been terminated. Even where Solvay and Laporte have admitted the existence of specific market-sharing agreements they state that these were not considered "appropriate for formal termination". Degussa for its part while admitting that employees "may have participated" in such arrangements, denied that its senior management was aware of the existence of the agreements. The Commission does not consider that the French agreement lapsed at the end of 1974 as claimed by the participants. As a result, it is uncertain whether or not the parties have terminated all the infringements established in this decision. It is therefore necessary, pursuant to Article 3 of Regulation No 17, to require the parties to the agreements and concerted practices to bring them immediately to an end.
The parties must also be prohibited from any agreement or concerted practice having equivalent effect, in particular any exchange of price lists or of information, whether of composite figures or details of sales to particular customers, which will enable them to check that the market shares or allocation of customers as originally agreed are being maintained, or which will provide them, either directly or indirectly, with normally confidential information on such matters as the costs of other producers, their prices, investment and production plans or requests for tendering for capital projects received by them.
Inasmuch as any information exchange system provides the participants with such details, it will have to be modified or abandoned,
HAS ADOPTED THIS DECISION:
Article 1
1. Solvay et Cie, Laporte Industries (Holdings) plc, Degussa AG, L'Air Liquide SA, and Produits Chimiques Ugine Kuhlmann infringed Article 85 of the EEC Treaty by participating until at least 13 December 1980 in an agreement or concerted practice dating from 1961 by which the producers confined their sales of hydrogen peroxide and sodium perborate to their home markets or to certain national markets where restrictive quota agreements were in force.
2. Solvay et Cie, Laporte Industries (Holdings) plc, L'Air Liquide SA, and Produits Chimiques Ugine Kuhlmann infringed Article 85 of the EEC Treaty by participating from 1958 (in the case of Laporte from after the formation of Interox in 1970) in an agreement or concerted practice by which until at least 13 December 1980 the French market for hydrogen peroxide and sodium perborate was shared in three equal parts between Solvay (later the Interox grouping), L'Air Liquide and PCUK.
3. Solvay et Cie, Laporte Industrie (Holdings) plc and Degussa AG infringed Article 85 of the EEC Treaty by participating from 1969 (in the case of Laporte from after the formation of Interox in 1970) in agreements or concerted practices by which until at least 13 December 1980 the market for hydrogen peroxide and sodium perborate in the Benelux was shared between Solvay (later the Interox grouping) and Degussa according to agreed quotas and the business of particular major customers in the Benelux was allocated in agreed proportions.
4. Solvay et Cie, Laporte Industries (Holdings) plc and Degussa AG infringed Article 85 of the EEC Treaty by participating in agreements or concerted practices by which from 1970 until at least 13 December 1980 the market for hydrogen peroxide and sodium perborate in Germany was shared between the Interox grouping and Degussa according to agreed quotas and continuous contact took place to ensure that their price lists (which were identical) were being respected.
5. Solvay et Cie, Laporte Industries (Holdings) plc and Degussa AG infringed Article 85 of the EEC Treaty by participating from 1974 until at least 13 December 1980 in an agreement by which the respective shares of the Interox grouping and Degussa of the EEC persulphates market were agreed and their price policy coordinated.
Article 2
Solvay et Cie, Laporte Industries (Holdings) plc, Degussa AG, L'Air Liquide SA and Atochem (as successor of PCUK) shall forthwith bring to an end the said infringements (if they have not already done so) and shall refrain from any agreement, concerted practice or measure which may have equivalent effect, including any organized exchange of price lists or of commercial information of the kind normally covered by trade secrecy and by which the participants are informed directly or indirectly, of individual data from other individual producers concerning quantities produced or sold, costs selling prices, discounts, tenders, or production or investment plans, or by which they might be able to monitor adherence to any market-sharing or price fixing agreement or arrangement covering the EEC or any national market thereof.
Article 3
The following fines are imposed on the undertakings named herein in respect of the infringements found in Article 1 in so far as they were applied after the coming into force of Regulation No 17: (a) Solvay et Cie, Brussels, a fine of 3 000 000 ECU, that is Bfrs 134 775 300;
(b) Laporte Industries (Holdings) plc, London, a fine of 2 000 000 ECU, that is £ 1 206 254;
(c) Degussa AG, Frankfurt, a fine of 3 000 000 ECU, that is DM 6 687 120;
(d) L'Air Liquide SA, Paris, a fine of 500 000 ECU, that is FF 3 418 005;
(e) Atochem, Paris, (as successor of PCUK), a fine of 500 000 ECU, that is FF 3 418 005.
Article 4
The fines imposed under Article 3 shall be paid to the following bank accounts of the Commission within three months following the date of notification of this Decision: (a) Solvay : Banque Bruxelles-Lambert, Brussels, No 310.0231000-32;
(b) Laporte : Lloyds Bank plc, London, No 108.63.41;
(c) Degussa : Sal. Oppenheim & Cie, Cologne, No 260/00/64910;
(d) and (e) L'Air Liquide and Atochem : Société Générale, Paris, No 5.770.006.5.
Article 5
This Decision is addressed to: - Solvay et Cie, 33 Rue du Prince Albert, 1050 Brussels,
- Laporte Industries (Holdings) plc, 14 Hanover Square, London W1R OBE,
- Degussa AG, Weißfrauenstraße 9, 6000 Frankfurt-am-Main 11,
- L'Air Liquide SA, 75 Quai d'Orsay, 75131 Paris,
- Atochem, La Défense 5, 92091 Paris-La Défense.
This Decision is enforceable pursuant to Article 192 of the EEC Treaty.
Done at Brussels, 23 November 1984. | [
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Commission Regulation (EC) No 2728/2000
of 14 December 2000
opening crisis distillation as provided for in Article 30 of Council Regulation (EC) No 1493/1999 in certain wine-growing regions of Germany
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(1), as amended by Commission Regulation (EC) No 1622/2000(2), and in particular Articles 30 and 33 thereof,
Whereas:
(1) Article 30 of Regulation (EC) No 1493/1999 provides for the possibility of opening crisis distillation in the event of exceptional market disturbance caused by major surpluses. Such measures may be limited to certain categories of wine and/or certain areas of production and may apply to quality wines psr at the request of the Member State.
(2) By letter of 2 November 2000 the German Government requested that crisis distillation be triggered for white wine of all vine varieties grown in the Mittelrhein, Mosel-Saar-Ruwer, Nahe, Pfalz and Rheinhessen wine-growing regions. The measure is to apply to white quality wines psr of all those regions too.
(3) Wine production in those regions was less than 6 million hl per year in 1995, 1996 and 1997. It amounted to 7,07 million hl in 1998 and 8,02 million hl in 1999. At the same time, white wine's share of total wine consumed in Germany declined from 54 % in 1995 to 47 % in 1999, while there was an increase in consumption of red wine, most of which is imported. White wine exports fell by 13 % between 1993 and 1999.
(4) Prices for white wines in those regions are considerably down on 1998. In Rheinhessen, Pfalz and Nahe, prices for wines of the Müller-Thurgau and Silvaner vine varieties fell from DEM 120-160/hl to around DEM 60/hl while those for wine of the Riesling vine variety in Mosel-Saar-Ruwer dropped from DEM 200-230/hl to DEM 80/hl. Prices for table wine are currently around DEM 40/hl and those for quality wines range from DEM 55/hl to DEM 80/hl depending on the vine variety and the region.
(5) Despite these low prices, consumption of white wine has not risen significantly in 2000. Even the low figures forecast for the 2000 grape harvest have not bumped prices up. White wines stocks in those regions stand currently at 7,5 million hl, while around 6 million hl would suffice to ensure regular supplies to the market.
(6) The producers concerned have delivered wine for distillation in accordance with Article 29 of Regulation (EC) No 1493/1999, but those provisions only concern table wine and the measure accordingly does not fully meet the needs of these regions. A crisis distillation measure is therefore required to solve the serious problems of these wine-growing regions of Germany.
(7) Since the conditions laid down in Article 30(5) of Regulation (EC) No 1493/1999 are satisfied, crisis distillation covering a maximum of 1 million hl should be triggered in these German wine-growing regions for a limited period with a view to maximum effectiveness. No ceiling should be set on the quantity that individual producers can have distilled because wine stocks may vary substantially from one producer to another and they depend on sales to a greater extent than on the individual producer's annual output.
(8) The mechanism to be introduced is provided for in Commission Regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms(3), as amended by Regulation (EC) No 2409/2000(4). In addition to the articles of that Regulation referring to the distillation measure provided for in Article 30 of Regulation (EC) No 1493/1999, other provisions of Regulation (EC) No 1623/2000 are applicable, and in particular those on the delivery of the alcohol to the intervention agency and on payment of advances.
(9) The buying-in price to be paid by the distiller to the producer should provide a solution to the problems while allowing producers to take advantage of the possibility afforded by this measure. That price should not, however, be such that it adversely affects the application of distillation as provided for in Article 29 of Regulation (EC) No 1493/1999.
(10) The product of crisis distillation must be raw alcohol or neutral alcohol for compulsory delivery to the intervention agency in order to avoid disturbing the market for potable alcohol, which is supplied largely by distillation under Article 29 of Regulation (EC) No 1493/1999.
(11) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
Crisis distillation as provided for in Article 30 of Regulation (EC) No 1493/1999 is hereby opened for a maximum of 1 million hl of white table wine and white quality wines psr of all vine varieties grown in the Mittelrhein, Mosel-Saar-Ruwer, Nahe, Pfalz and Rheinhessen wine-growing regions of Germany.
Article 2
In addition to the provisions of Regulation (EC) No 1623/2000 referring to Article 30 of Regulation (EC) No 1493/1999, the following provisions of Regulation (EC) No 1623/2000 shall also apply to the measure covered by this Regulation:
- Article 62(5) on payment of the price by the intervention agency as referred to in Article 6(2) of this Regulation,
- Articles 66 and 67 as regards the advance as referred to in Article 6(2) of this Regulation.
Article 3
Producers may conclude contracts as provided for in Article 65 of Regulation (EC) No 1623/2000 from 16 December 2000 to 31 January 2001. Such contracts shall entail the lodging of a security equal to EUR 5 per hl. Such contracts may not be transferred.
Article 4
1. The Member State shall determine the rate of reduction to be applied to the abovementioned contracts where the overall quantity covered by contracts presented exceeds that laid down in Article 1.
2. The Member State shall adopt the administrative provisions needed to approve the abovementioned contracts by 15 February 2001, shall specify the rate of reduction applied and the quantity of wine accepted per contract and shall stipulate that the producer can cancel the contract where the quantity to be distilled is reduced. The Member State shall notify the Commission before 20 February 2001 of the quantities of such wine covered by contracts approved.
3. The wine shall be delivered to the distilleries by 30 June 2001 at the latest. The alcohol obtained may be delivered to the intervention agency by 30 November 2001 at the latest.
4. Securities shall be released in proportion to the quantities delivered where the producer provides proof of delivery to the distillery.
5. The security shall be forfeit where no delivery is made within the time limit laid down.
6. The Member State may limit the number of contracts that individual producers can conclude under the distillation operation in question.
Article 5
The minimum buying-in price for wine delivered for distillation under this Regulation shall be EUR 2,1054 per % vol per hl.
Article 6
1. Distillers shall deliver the product obtained from distillation to the intervention agency. That product shall be of an alcoholic strength of at least 92 % vol.
2. The price to be paid to the distiller by the intervention agency for raw alcohol delivered shall be EUR 2,4726 per % vol per hl. The distiller may receive an advance on that amount equal to EUR 1,3136 per % vol per hl. The advance shall in that case be deducted from the price actually paid.
Article 7
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 16 December 2000.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 December 2000. | [
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Commission Regulation (EC) No 1548/2002
of 29 August 2002
concerning tenders notified in response to the invitation to tender for the export of rye issued in Regulation (EC) No 900/2002
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 all third countries excluding Estonia, Lithuania and Latvia was opened pursuant to Commission Regulation (EC) No 900/2002(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,
HAS ADOPTED THIS REGULATION:
Article 1
No action shall be taken on the tenders notified from 23 to 29 August 2002 in response to the invitation to tender for the refund for the export of rye issued in Regulation (EC) No 900/2002.
Article 2
This Regulation shall enter into force on 30 August 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 August 2002. | [
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COMMISSION REGULATION (EC) No 35/94 of 7 January 1994 on the issuing of import documents for preserved tuna and bonito of certain species from certain third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery and aquaculture products (1), as last amended by Regulation (EEC) No 1891/93 (2),
Having regard to Commission Regulation (EEC) No 3900/92 of 23 December 1992 laying down the special rules of application for the Community import arrangements for certain species of preserved tuna, bonito and sardines and fixing the quantities of those products which may be imported during 1993 (3), as last amended by Regulation (EC) No 3602/93 (4), and in particular Article 4 (2) thereof,
Whereas Article 3 (1) of Regulation (EEC) No 3900/92 has allocated 17 099 tonnes of the available quantity of 113 990 tonnes to new importers; whereas Article 4 (2) of that Regulation provides that if the quantities for which import documents have been applied for exceed the available quantities, the Commission is to fix a single percentage figure by which the quantities applied for are to be reduced;
Whereas on 3 and 4 January 1994 the quantities applied for by new importers exceed the quantities available; whereas the extent to which import documents may be issued should accordingly be determined;
Whereas the quantities for which import documents have been issued have reached the amount of 17 099 tonnes; whereas the issuing of these documents to new importers should accordingly be suspended,
HAS ADOPTED THIS REGULATION:
Article 1
Import documents for preserved tuna of the genus Thunnus, skipjack or stripe-bellied bonito (Euthynnus pelamis) and other species of the genus Euthynnus falling within CN codes ex 1604 14 11, ex 1604 14 19 and ex 1604 20 70, from the third countries referred to in Article 1 (1) of Regulation (EEC) No 3900/92, applied for pursuant to Article 3 (1) (b) of that Regulation on 3 and 4 January 1994 and forwarded to the Commission on 5 January 1994, shall be issued for up to 2,98 % of the quantities applied for.
The issuing of import documents for the products referred to in the first subparagraph is hereby suspended for applications pursuant to Article 3 (1) (b) of Regulation (EEC) No 3900/92 lodged from 5 January 1994.
Article 2
This Regulation shall enter into force on 10 January 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 January 1994. | [
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Commission Regulation (EC) No 2222/2003
of 18 December 2003
fixing the export refunds on cereal-based compound feedingstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1104/2003(2), and in particular Article 13(3) thereof,
Whereas:
(1) Article 13 of Regulation (EEC) No 1766/92 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund.
(2) Commission Regulation (EC) No 1517/95 of 29 June 1995 laying down detailed rules for the application of Regulation (EEC) No 1766/92 as regards the arrangements for the export and import of compound feedingstuffs based on cereals and amending Regulation (EC) No 1162/95 laying down special detailed rules for the application of the system of import and export licences for cereals and rice(3) in Article 2 lays down general rules for fixing the amount of such refunds.
(3) That calculation must also take account of the cereal products content. In the interest of simplification, the refund should be paid in respect of two categories of "cereal products", namely for maize, the most commonly used cereal in exported compound feeds and maize products, and for "other cereals", these being eligible cereal products excluding maize and maize products. A refund should be granted in respect of the quantity of cereal products present in the compound feedingstuff.
(4) Furthermore, the amount of the refund must also take into account the possibilities and conditions for the sale of those products on the world market, the need to avoid disturbances on the Community market and the economic aspect of the export.
(5) The current situation on the cereals market and, in particular, the supply prospects mean that the export refunds should be abolished.
(6) The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the compound feedingstuffs covered by Regulation (EEC) No 1766/92 and subject to Regulation (EC) No 1517/95 are hereby fixed as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 19 December 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 2003. | [
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Council Regulation (EC) No 149/2003
of 27 January 2003
amending and updating Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology
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) Regulation (EC) No 1334/2000(1) requires dual-use items (including software and technology) to be subject to effective control when they are exported from the Community.
(2) In order to enable the Member States and the Community to comply with their international commitments, Annex I to Regulation (EC) No 1334/2000 establishes the common list of dual-use items and technology referred to in Article 3 of that Regulation, which implements internationally agreed dual-use controls, including the Wassenaar Arrangement, the Missile Technology Control Regime, the Nuclear Suppliers Group, the Australia Group and the Chemical Weapons Convention.
(3) Article 11 of Regulation (EC) No 1334/2000 provides for Annex I and Annex IV to that Regulation to be updated in conformity with the relevant obligations and commitments, and any modification thereof, that each Member State has accepted as a member of the international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties.
(4) In order to take account of changes adopted by the Wassenaar Arrangement, the Australia Group and the Missile Technology Control Regime during the years 2001 and 2002, Annexes I, II and IV to Regulation (EC) No 1334/2000 should be modified.
(5) In order to ease references for export control authorities and operators, it is necessary to publish an updated and consolidated version of the Annexes to Regulation (EC) No 1334/2000, taking into account all the amendments accepted by the Member States in international forums during the years 2001 and 2002.
(6) Regulation (EC) No 1334/2000 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
The Annexes to Regulation (EC) No 1334/2000 shall be replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the thirtieth 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.
Done at Brussels, 27 january 2003. | [
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Commission Regulation (EC) No 882/2001
of 3 May 2001
derogating from certain provisions of Regulation (EEC) No 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes, as a consequence of foot-and-mouth disease and of exceptional weather conditions
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3508/92 of 27 November 1992 establishing an integrated administration and control system for certain Community aid schemes(1), as last amended by Commission Regulation (EC) No 495/2001(2), and in particular Article 12 thereof,
Whereas:
(1) Veterinary measures taken to combat and prevent the spread of foot-and-mouth disease may include regional restrictions on the movement of persons and animals. This may lead to a situation where Member States are no longer able to comply with some of their obligations under Commission Regulation (EEC) No 3887/92 of 23 December 1992 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes(3), as last amended by Regulation (EC) No 2721/2000(4).
(2) It is therefore necessary to allow Member States to deviate from the control practice to be applied under normal circumstances. Where it is not possible to comply with the normal rates of on-the-spot-checks, Member States should be allowed to reduce those rates. In that case ex post, on-the-spot checks should, where appropriate, be increased in the following control period. Any such deviation should be limited to that which is strictly necessary in order to preserve the effectiveness of the veterinary measures in question.
(3) Alternative means for submission of claims and other notifications should be made possible. Provision should be made for the possibility to replace female animals after the lifting of animal movement restrictions.
(4) The outbreak of foot-and-mouth disease may, for the regions affected, result in the prohibition to sow seeds or have the effect that areas originally foreseen as forage areas be declared as set-aside areas after the "area" aid-application has been submitted. Moreover, due to bad weather conditions, it is in certain regions no longer economically viable for a large number of producers to sow seeds.
(5) In order to relieve producers of the burdens resulting from such special agronomic and veterinary circumstances, it is appropriate, for the 2001/02 marketing year, to derogate from certain provisions of Regulation (EEC) No 3887/92 by allowing amendments to be made to area aid applications that have already been submitted or by withdrawing areas declared as being used for "arable crops" and adding them to the set-aside areas. It should also be allowed that areas may be added to such areas that have been declared as forage, in certain cases even after the latest date for sowing. Under certain conditions, Member States should be given the possibility to derogate from the provision in Article 2(1)(c) of Regulation (EEC) No 3887/92 setting the minimum period of the availability of forage land for rearing animals.
(6) The Commission should regularly be informed by the Member States of the situation and the measures they have taken.
(7) In view of the situation facing the competent authorities for the integrated administration and control system for certain Community aid schemes, this Regulation should enter into force immediately. Because of the exceptional character of the measures, the application of the Regulation should be limited in time.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Agricultural Guidance and Guarantee Fund,
HAS ADOPTED THIS REGULATION:
Article 1
To the extent necessary to preserve the effectiveness of veterinary measures taken in conformity with Community legislation to combat and prevent the spread of foot-and-mouth disease, Member States shall be permitted to act in derogation from Regulation (EEC) No 3887/92 under the conditions set out in this Regulation.
Article 2
1. By way of derogation from Article 6 of Regulation (EEC) No 3887/92, Member States may modify their control programmes for on-the-spot checks. Such modifications may include, in particular:
(a) postponing on-the-spot-checks in the regions concerned until such time that access to the holdings selected for on-the-spot checks is possible;
(b) de-selecting holdings in the regions concerned that were initially selected for on-the-spot checks;
(c) decreasing the number of on-the-spot checks in the regions concerned while, at the same time, increasing the number of such checks in other regions;
(d) extending checks via means of databases and/or any other documentary means, including veterinary records and documents;
(e) where appropriate, carrying out checks in conjunction with veterinary measures on holdings where those measures are applied;
(f) increasing ex post documentary checks, which may include such checks to be conducted on the spot, in the regions concerned once the veterinary restrictions have been lifted.
2. Where, after applying the measures provided for in paragraph 1, it is still not possible to achieve the rates of on-the-spot checks required under Article 6(3), (5) and (6a) of Regulation (EEC) No 3887/92 by the end of the control period in question, Member States may reduce those rates for the regions concerned. Where appropriate, ex post, on-the-spot checks should be increased in the following control period.
3. The measures provided for in this Article shall be limited to those which are strictly necessary to preserve the effectiveness of the veterinary measures taken to combat and prevent the spread of foot-and-mouth disease.
Article 3
By way of derogation from Article 5a of Regulation (EEC) No 3887/92, Member States may provide that applications may also be submitted by telephone. In this case, the accompanying documents shall be transmitted to the competent authority as soon as possible. Under the same condition, Member States may allow other notifications provided for in Regulation (EEC) No 3887/92 to be transmitted by telephone or electronic means.
Article 4
By way of derogation from Article 10a(5) of Regulation (EEC) No 3887/92, a remplacement as referred to in that provision may be made within 60 days of the end of animal movement restrictions applied as a result of veterinary measures in the region concerned.
Article 5
1. By way of derogation from the first subparagraph of Article 4(2)(a) of Regulation (EEC) No 3887/92:
(a) "area" aid applications submitted in respect of the 2001/02 marketing year in regions affected by foot-and-mouth disease or by bad weather conditions, may be amended by withdrawing areas declared as being "arable crops" and/or forage, and adding them to the set-aside areas, provided that the conditions for the recognition of such areas as set-aside are being met.
In regions affected by foot-and-mouth diesease, areas may, moreover, be added to areas declared as forage;
(b) where the veterinary measures taken in conformity with Community legislation in respect of regions affected by foot-and-mouth disease, reduce the time period for which forage areas are available for rearing animals and delay the date at which the areas become available, Member States may, for the 2001/02 marketing year, allow areas to be added to areas declared as forage even after the latest date for sowing provided that the same area had not already been declared in any "area" aid declaration.
2. By way of derogation from Article 2(1)(c) of Regulation (EEC) No 3887/92, Member States may, under the same conditions as set out in paragraph 1(b), determine a later starting date and a shorter period of availability.
Article 6
Member States shall regularly inform the Commission of the situation and the measures taken on the basis of this Regulation.
Article 7
This Regulation shall enter into force on the day after its publication in the Official Journal of the European Communities.
It shall apply from 20 February to 31 December 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 October 2007
on the mobilisation of the European Globalisation Adjustment Fund, in application of point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
(2007/726/EC)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2),
Having regard to the proposal from the Commission,
Whereas:
(1)
The European Union has created a European Globalisation Adjustment Fund (the ‘Fund’) to provide additional support to redundant workers who suffer from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market.
(2)
The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 500 million.
(3)
Regulation (EC) No 1927/2006 contains the provisions whereby the Fund may be mobilised.
(4)
France submitted applications to mobilise the Fund, concerning two cases of redundancies in the automobile sector: Peugeot SA and Renault SA,
HAVE DECIDED AS FOLLOWS:
Article 1
For the general budget of the European Union for the financial year 2007, the European Globalisation Adjustment Fund shall be mobilised for a total amount of EUR 3 816 280.
Article 2
This Decision shall be published in the Official Journal of the European Union.
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*****
COMMISSION REGULATION (EEC) No 1014/86
of 8 April 1986
altering the coefficient relating to the differential amounts for colza, rape and sunflower seed
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No 3768/85 (2),
Having regard to Council Regulation (EEC) No 1569/72 of 20 July 1972 laying down special measures for colza, rape and sunflower seed (3), as last amended by Regulation (EEC) No 1474/84 (4), and, in particular, Article 2a (2) thereof,
Whereas the central rates of the various currencies forming the European Monetary System were altered with effect from 7 April 1986; whereas the coefficient referred to in Article 2a (2) of Regulation (EEC) No 1569/72 must be altered accordingly; whereas such alteration must be applicable with effect from 9 April 1986;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
The value of the coefficient referred to in Article 2a (2) of Regulation (EEC) No 1569/72 is hereby fixed at 1,083682.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 9 April 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 April 1986. | [
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COMMISSION REGULATION (EC) No 1150/2004
of 23 June 2004
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 24 June 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 June 2004. | [
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*****
COUNCIL DECISION
of 11 May 1987
concerning the conclusion of an Additional Protocol to the Agreement between the European Economic Community and the People's Republic of China on trade in textile products consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community
(87/265/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the recommendation from the Commission,
Whereas it is necessary to approve the Additional Protocol to the Agreement between the European Economic Community and the People's Republic of China on trade in textile products (1) to take account of the accession to the Community of the Kongdom of Spain and the Portuguese Republic.
HAS DECIDED AS FOLLOWS:
Article 1
The Additional Protocol to the Agreement between the European Economic Community and the People's Republic of China on trade in textile products consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community is hereby approved on behalf of the Community.
The text of the Protocol is attached to this Decision.
Article 2
The President of the Council shall give the notification provided for in Article 4 of the Additional Protocol (2).
Done at Brussels, 11 May 1987. | [
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*****
COMMISSION REGULATION (EEC) No 667/88
of 14 March 1988
amending Regulation (EEC) No 756/70 on granting aid for skimmed milk processed into casein and caseinates
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 3904/87 (2), and in particular Article 11 (3) thereof,
Whereas the amount of aid for 100 kilograms of skimmed milk processed into casein or caseinates was fixed at 8,85 ECU by Article 2 (1) of Commission Regulation (EEC) No 756/70 (3), as last amended by Regulation (EEC) No 3316/87 (4); whereas the amount of aid must be adjusted to take account of the movement of prices for caseins in international trade;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 2 (1) of Regulation (EEC) No 756/70, '8,85 ECU' is replaced by '8,45 ECU'.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 April 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 March 1988. | [
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COMMISSION DECISION of 1 October 1993 establishing the standard document for the supervision and control of shipments of radioactive waste referred to in Council Directive 92/3/Euratom
(93/552/Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Atomic Energy Community,
Having regard to Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community (1), and in particular Article 20 thereof,
Whereas by virtue of Directive 92/3/Euratom the Commission is required to establish a standard document;
Whereas that Directive applies not only to shipments of radioactive waste between Member States but also to imports into and exports out of the Community of such waste and to its transit through the Community from a third country to another third country;
Whereas under certain circumstances an application may be sent in respect of more than one shipment;
Whereas it is appropriate to include all these cases in a uniform document, with a number of sections reflecting the various cases envisaged by the Directive;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Committee instituted under Article 19 of that Directive,
HAS ADOPTED THIS DECISION:
Article 1
The standard document contained in the Annex shall be used in respect of any shipments of radioactive waste between Member States or into and out of the Community within the scope of Directive 92/3/Euratom.
Article 2
The standard document must be completed in accordance with the notes contained in its different sections.
Article 3
1. The standard document shall be printed in black ink on white paper, weighing at least 40 grams per square metre, and its strength should be such that in normal use it does not easily tear or crease.
2. The standard document shall measure 210 by 297 mm (A4) with a maximum tolerance as to length of 5 mm less and 8 mm more.
3. Member States may require that the forms show the name and address of the printer or a mark enabling the printer to be identified. They may also make private printing of the forms conditional on prior approval.
Article 4
Member States shall take the measures necessary to comply with this Decision not later than 1 January 1994.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 1 October 1993. | [
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Commission Decision
of 29 April 2002
authorising derogations from certain provisions of Council Directive 2000/29/EC in respect of plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in the Republic of Chile
(notified under document number C(2002) 1553)
(2002/316/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), as last amended by Commission Directive 2002/28/EC(2), and in particular Article 15(1) thereof,
Having regard to the request made by France,
Whereas:
(1) Under Directive 2000/29/EC, plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in non-European countries, other than Mediterranean countries, Australia, New Zealand, Canada and the continental states of the USA, must not in principle be introduced into the Community.
(2) There is interest in the multiplication, in the Republic of Chile, of plants of Fragaria L., intended for planting, other than seeds, from plants supplied by a Member State, in order to prolong the producing season of the plants. The plants produced are afterwards exported to the Community to be planted for fruit production.
(3) For the 2001 season, by Commission Decision 2000/700/EC(3), derogations from certain provisions of Directive 2000/29/EC in respect of plants of Fragaria L., intended for planting, other than seeds, originating in the Republic of Chile have been authorised subject to specific conditions.
(4) The circumstances justifying those derogations are still valid. There is no new information giving cause for revision of the specific conditions.
(5) A derogation should therefore be authorised for a limited period, subject to specific conditions.
(6) The authorisation pursuant to this Decision shall be terminated if it is established that the specific conditions laid down in the Annex thereof are not sufficient to prevent the introduction of harmful organisms or have not been complied with.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
Article 1
The Member States are hereby authorised to provide for derogations from Article 4(1) of Directive 2000/29/EC, with regard to the prohibitions referred to in Annex III, part A, point 18 to that Directive for plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in the Republic of Chile.
In order to qualify for this derogation, plants of Fragaria L., intended for planting, other than seeds, shall satisfy, in addition to the requirements laid down in Annexes I, II and IV to Directive 2000/29/EC, the conditions set out in the Annex to this Decision.
Article 2
Member States shall provide the Commission and the other Member States, before 30 November 2002, with the information on quantities imported pursuant to this Decision and with a detailed technical report of the official examination referred to in point 5 of the Annex.
Any Member State in which the plants are planted, after the import, shall also provide the Commission and the other Member States, before 31 January 2003, with a detailed technical report of the official examination referred to in point 8 of the Annex.
Article 3
Member States shall notify the Commission and the other Member States of all cases of consignments introduced into their territory pursuant to this Decision which were subsequently found not to comply with the conditions laid down herein.
Article 4
Article 1 shall apply from 1 June 2002 to 30 September 2002.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 29 April 2002. | [
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COUNCIL REGULATION (EC) No 1168/96 of 25 June 1996 laying down for 1996 certain conservation and management measures for fishery resources in the Convention Area as defined in the Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (1), and in particular Article 8 (4) thereof,
Having regard to the proposal from the Commission,
Whereas the Community has signed the United Nations Convention on the Law of the Sea, which contains principles and rules relating to the conservation and management of the living resources within the exclusive economic zones of the coastal States and on the high seas;
Whereas the Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries, hereinafter referred to as the 'NEAFC Convention`, was approved by the Council in Decision 81/608/EEC of 13 July 1981 (2) and entered into force on 17 March 1982;
Whereas the NEAFC Convention establishes a suitable framework for multilateral cooperation in the rational conservation and optimum utilization of the fishery resources of the Convention Area as defined therein;
Whereas the North-East Atlantic Fisheries Commission adopted on 21 March 1996 as recommendation limiting the catches of redfish in the Convention Area for 1996; whereas it is appropriate that this recommendation be implemented by the Community;
Whereas, in accordance with Article 8 of Regulation (EEC) No 3760/92, it falls to the Council to establish for each fishery or group of fisheries the total allowable catch (TAC) and the share available to the Community and to allocate the share available to the Community among the Member States;
Whereas the fishing activities covered by this Regulation are subject to the control measures provided for in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (3),
HAS ADOPTED THIS REGULATION:
Article 1
In 1996, catches of redfish by Community fishing vessels shall be limited to the quotas set out in the Annex.
All catches by Community fishing vessels of redfish before this Regulation is adopted shall be counted against the quotas set out in the Annex.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 25 June 1996. | [
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COMMISSION REGULATION (EC) No 2426/97 of 4 December 1997 concerning the stopping of fishing for Atlantic redfish by vessels flying the flag of Portugal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), as last amended by Regulation (EC) No 2205/97 (2), and in particular Article 21 (3) thereof,
Whereas Council Regulation (EC) No 407/97 of 20 December 1996 laying down for 1997 certain conservation and management measures for fishery resources in the Convention Area as defined in the Convention on future Multilateral Cooperation in North-East Atlantic Fisheries (3), provides for Atlantic redfish quotas for 1997;
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 Atlantic redfish in the waters of ICES divisions XIV/XII/V by vessels flying the flag of Portugal or registered in Portugal have reached the quota allocated for 1997; whereas Portugal has prohibited fishing for this stock as from 17 November 1997; whereas it is therefore necessary to abide by that date,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of Atlantic redfish in the waters of ICES divisions XIV/XII/V by vessels flying the flag of Portugal or registered in Portugal are deemed to have exhausted the quota allocated to Portugal for 1997.
Fishing for Atlantic redfish in the waters of ICES divisions XIV/XII/V by vessels flying the flag of Portugal or registered in Portugal 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.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 17 November 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 December 1997. | [
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COMMISSION DECISION of 8 October 1981 establishing that the apparatus described as "AMTI biomechanics platform, model OR 6-3, with accessories" may not be imported free of Common Customs Tariff duties (81/840/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 13 April 1981, 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 "AMTI biomechanics platform, model OR 6-3, with accessories", to be used for the study into postural sway behaviour and its control in man, gait and cardiovascular dynamics, should be considered as a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Community;
Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 9 July 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 measurement platform;
Whereas it does not have the requisite objective characteristics making it specifically suited to scientific research ; whereas, moreover, apparatus of the same kind are principally used for non-scientific activities ; whereas its use in the case in question could not alone confer upon it the character of a scientific apparatus ; whereas it therefore cannot be regarded as a scientific apparatus ; whereas the duty-free admission of the apparatus in question is therefore not justified,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as "AMTI biomechanics platform, model OR 6-3, with accessories", which is the subject of an application by the United Kingdom of 13 April 1981, may not be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
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COUNCIL DECISION
of 21 December 2005
on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and New Zealand pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union
(2005/959/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
On 22 March 2004 the Council authorised the Commission to open negotiations with certain other Members of the WTO under Article XXIV:6 of the General Agreement on Tariffs and Trade (GATT) 1994, in the course of the accessions to the European Union of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic.
(2)
Negotiations have been conducted by the Commission in consultation with the Committee established by Article 133 of the Treaty and within the framework of the negotiating directives issued by the Council.
(3)
The Commission has finalised negotiations for an Agreement in the form of an Exchange of Letters between the European Community and New Zealand pursuant to Article XXIV:6 and Article XXVIII of the GATT 1994. The said Agreement should therefore be approved.
(4)
The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1),
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement in the form of an Exchange of Letters between the European Community and New Zealand pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union, with respect to the withdrawal of specific concessions in relation to the withdrawal of the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union, is hereby approved on behalf of the Community.
The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
Article 2
The Commission shall adopt the detailed rules for implementing this Agreement in the form of an Exchange of Letters in accordance with the procedure laid down in Article 3 of this Decision.
Article 3
1. The Commission shall be assisted by the Management Committee for Cereals instituted by Article 25 of Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (2) or the relevant committee instituted by the corresponding article of the Regulation for the common market organisation for the product concerned.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its Rules of Procedure.
Article 4
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community (3).
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Commission Decision
of 30 June 2003
establishing transitional measures for the control on the movement of animals of susceptible species with regard to foot-and-mouth disease
(Text with EEA relevance)
(2003/483/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 2002/33/EC of the European Parliament and of the Council(2), and in particular Article 10(4) thereof,
Whereas:
(1) Commission Decision 2001/327/EC of 24 April 2001 concerning restrictions to the movement of animals of susceptible species with regard to foot-and-mouth and repealing Decision 2001/263/EC(3), as last amended by Decision 2002/1004/EC(4), is applicable until 30 June 2003.
(2) The Commission has submitted a proposal for the amendment of Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-community trade in ovine and caprine animals(5), as last amended by Regulation (EC) No 806/2003(6). This proposal has been adopted by the Council in June 2003 and the amended provisions are to be applicable not earlier than 1 July 2004.
(3) The welfare conditions for transport of animals within the Community are laid down in Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC(7), as last amended by Regulation (EC) No 806/2003.
(4) Certain provisions of Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC(8), as amended by Regulation (EC) No 1040/2003(9), are to be applicable not earlier than 1 July 2004.
(5) Commission Decision 93/444/EEC of 2 July 1993 on detailed rules governing intra-Community trade in certain live animals and products intended for exportation to third countries(10) requires that Member States ensure that such animals are accompanied by a veterinary certificate for animals for slaughter of the species concerned.
(6) In the interests of consistency of Community legislation, it is appropriate that certain definitions set out in Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine(11), as last amended by Commission Regulation (EC) No 1226/2002(12), and Council Directive 91/628/EEC are applied in this Decision.
(7) It is necessary to provide transitional measures for the control on the movement of ovine and caprine animals and the use of staging points until the amendments to be made to Council Directive 91/68/EC and Council Regulation (EC) No 1255/97 are applied by Member States.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
SECTION 1 SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter and scope
1. The purpose of this act is to lay down transitional measures to reinforce the control on the movement of animals of species susceptible to foot-and-mouth disease.
2. This Decision shall apply without prejudice to Directives 64/432/EEC, 91/68/EEC and 91/628/EEC, Decision 93/444/EEC and Regulation (EC) No 1255/97.
Article 2
Definitions
1. For the purpose of this Decision, the following definitions shall apply:
(a) the definition of approved "assembly centre" in Article 2(2)(o) of Directive 64/432/EEC;
(b) the definition of approved "dealer" in Article 2(2)(q) of Directive 64/432/EEC;
(c) the definition of "staging point" in Article 2(2)(c) of Directive 91/628/EEC.
2. The following definitions shall also apply:
(a) "assembly centre" means premises on which animals originating from different holdings are grouped together to form consignments for national movement;
(b) "holding of origin" means any premises on which the animals have undergone the residence period in accordance with this Decision;
(c) "residence period" means the uninterrupted physical presence on the holding of origin for a period laid down in this Decision, or since birth in the case of animals younger than the residence period, including any necessary and auditable record of such presence as required by Community legislation;
(d) "standstill" means a period of the residency period during which no biungulate animal has been introduced onto the holding under conditions less strict than those laid down in this Decision.
SECTION 2 REINFORCEMENT OF CONTROLS ON THE MOVEMENT OF SHEEP AND GOATS
Article 3
Conditions for dispatch of ovine and caprine animals for breeding, fattening and slaughter
1. Ovine and caprine animals for breeding, fattening and slaughter shall not be dispatched to another Member State, unless
(a) they have been continuously resident on the holding of origin for at least 30 days, or since birth, if the animals are younger than 30 days of age;
(b) they come from a holding into which no ovine or caprine animals have been introduced during a period of 21 days prior to the date of dispatch;
(c) they come from a holding into which no biungulate animals imported from a third country have been introduced during a period of 30 days prior to the date of dispatch.
2. By way of derogation from paragraph 1(b) and (c), Member States may authorise the dispatch to another Member State, if the introduced animals referred to in those points have been completely isolated from all animals on the holding.
Article 4
Conditions for the dispatch of ovine and caprine animals for breeding, fattening and slaughter
1. Ovine and caprine animals for breeding, fattening and slaughter shall not be outside their holding of origin for more than six days before being last certified for trade to the final destination in another Member State as indicated in the health certificate.
In the case of transport by sea, the time limit of six days shall be prolonged by the time of the sea journey.
2. After leaving the holding of origin the animals referred to in paragraph 1 shall be consigned directly to the final destination in another Member State.
3. By way of derogation from paragraph 2, the animals referred to in paragraph 1 may, after leaving the holding of origin and before arrival at the final destination in another Member State, transit through only one approved assembly centre, or in the case of animals for slaughter approved dealers' premises, which must be situated in the Member State of origin.
In order to be approved for trade in ovine and caprine animals the approved assembly centre must meet the requirements in Article 11, except paragraph 1(e) first sentence, of Directive 64/432/EEC.
4. The animals referred to in paragraph 1 shall at no time, between leaving the holding of origin and their arrival at the final destination
(a) come into contact with cloven-hoofed animals other than those that have at least the same health status;
(b) compromise the health status of cloven-hoofed animals not intended for trade.
5. Ovine and caprine animals for slaughter shall be taken directly to a slaughterhouse in the Member State of destination, where they must be slaughtered as soon as possible but at least within 72 hours of arrival.
Article 5
Derogations
1. By way of derogation from Article 3(1)(a) ovine and caprine animals for slaughter may be subject to trade after a residence period of only 21 days.
2. By way of derogation from Article 3(1)(b) and (c), and without prejudice to paragraph 1, ovine and caprine animals for slaughter may be consigned without completing the standstill from the holding of origin directly to a slaughterhouse in another Member State for immediate slaughter without undergoing any assembly operation or passing through a staging point.
3. By way of derogation from Article 4(2) and (3), and without prejudice to Article 4(1), ovine and caprine animals for slaughter may, after leaving the holding of origin, pass through one additional assembly centre under the following alternative conditions:
(a) either the animals, before passing through the approved assembly centre referred to in Article 4(3), undergo one additional assembly operation in the Member State of origin under the following conditions:
(i) after leaving the holding of origin the animals pass through one single assembly centre under official veterinary supervision, which permits at the same time only animals of at least the same health status, and
(ii) without prejudice to Community legislation on identification of sheep and goats, at the latest on that assembly centre the animals are individually identified so as to enable in each case the tracing of the holding of origin, and
(iii) from the assembly centre the animals are, accompanied by an official document, transported to the approved assembly centre situated in the Member State of origin referred to in Article 4(3) to be certified and consigned directly to a slaughterhouse in the Member State of destination;
or
(b) the animals may, after dispatch from the Member State of origin, transit through one additional assembly centre before being consigned to the slaughterhouse in the Member State of destination under the following conditions:
(i) either the additional approved assembly centre is situated in the Member State of destination from where the animals must be removed under the responsibility of the official veterinarian directly to a slaughterhouse to be slaughtered within five days of arrival at the assembly centre, or
(ii) the additional approved assembly centre is situated in one Member State of transit from were the animals are consigned directly to the slaughterhouse in the Member State of destination indicated in the animal health certificate.
4. The central competent authorities of two neighbouring Member States may grant each other general or limited licences to introduce ovine and caprine animals for slaughter not complying with the conditions in paragraphs 1 to 3 or in Article 3(1)(a) and (b), provided such animals are transported under conditions at least as strict as the following:
(a) the animals originate in and come from holdings situated on the territory of a Member State which is recognised as officially free of ovine and caprine brucellosis in accordance with Section II of Chapter 1 in Annex A to Directive 91/68/EEC, and has not reported cases of rabies or anthrax for the past 30 days prior to loading, and
(b) the animals are individually identified so as to enable in each case the tracing of the holding of origin when inspected for certification by the official veterinarian at the approved assembly centre situated in the Member State of origin, and
(c) the animals are transported on road in accordance with paragraph 2 in point 48 of Chapter VII in the Annex to Directive 91/628/EEC directly to the slaughterhouse of destination for immediate slaughter without coming into contact with other cloven-hoofed animals and without transiting a third Member State, and
(d) the number of the licence referred to in the introductory sentence of this paragraph is stated in the animal health certificate accompanying the animals to destination.
Article 6
Certification conditions for ovine and caprine animals for intra-Community trade
1. Ovine and caprine animals for intra-Community trade shall be inspected by an official veterinarian within 24 hours of loading.
2. The health inspection for the issuing of the health certificate, including additional guarantees, for a consignment of animals referred to in paragraph 1 shall be carried out in the holding of origin or in an assembly centre or in an approved dealer's premises.
3. The animals shall be accompanied by an animal health certificate in accordance with the appropriate model provided for in Annex E to Directive 91/68/EC which in addition shall bear the following words:
"Animals in accordance with Commission Decision 2003/483/EC"
4. For ovine and caprine animals for slaughter passing through an approved assembly centre in accordance with Article 5(3)(b)(ii), the official veterinarian responsible for the approved assembly centre in the Member State of transit shall provide certification to the Member State of destination by issuing a second health certificate conforming to Model I set out in Annex E to Directive 91/68/EEC, completing it with the requested data from the original health certificate(s) and attaching to it an officially endorsed copy thereof. In this case the combined validity of the certificates shall not exceed 10 days.
5. The transport of animals referred to in paragraph 1 shall be notified in advance by the competent veterinary authorities of the place of departure to the central competent veterinary authorities in the Member State of destination and any Member State of transit. The notification shall be sent not later than the day of departure of the transport.
SECTION 3 REINFORCEMENT OF CONTROLS ON THE MOVEMENT OF ANIMALS SUSCEPTIBLE TO FOOT-AND-MOUTH DISEASE THROUGH STAGING POINTS
Article 7
Movement of animals through staging points
1. Animals of species susceptible to foot-and-mouth disease certified for intra-Community trade shall not be moved through staging points approved in accordance with Regulation (EC) No 1255/97.
2. By way of derogation from paragraph 1, the movement through staging points may be authorised for intra-Community trade in animals of the bovine and porcine species complying with the conditions set out in Directive 64/432/EEC, including any additional guaranties, provided that in the case of animals for slaughter the completion of a residence period of at least 21 days on a single holding before being dispatched from that holding either directly or transiting through one single approved assembly centre, is supported by the following additional certification:
"Animals in accordance with Commission Decision 2003/483/EC"
3. By way of derogation from paragraph 1, the movement through staging points may be authorised for intra-Community trade in ovine and caprine animals complying with the additional conditions set out in Article 3, or in the case of animals for slaughter with the additional conditions set out in Article 4(3) and Article 5(1).
4. By way of derogation from paragraphs 1 and 2, bovine and porcine animals accompanied by animal health certificates for animals for slaughter in accordance with Article 2(1) of Decision 93/444/EEC and Directive 64/432/EEC, may on their way to a third country transit a staging point.
5. By way of derogation from paragraph 1, animals imported in accordance with the relevant Community legislation may on their way to destination transit a staging point.
Article 8
Conditions to be met when animals are moved through staging points
1. Where animals of species susceptible to foot-and-mouth disease are moved through a staging point the conditions set out in paragraphs 2, 3 and 4 shall be met prior to departure of the transport.
2. The consignor must provide evidence and declare in writing to the certifying veterinary authorities that suitable arrangements have been made to ensure that the staging point situated within the Community receives at the same time only animals of the same species and category and of the same certified health status, including any additional guarantees provided for by Community legislation in respect of the species concerned.
3. The route plan must be supplemented by the declaration of the consignor referred to in paragraph 2.
4. The notification of the staging point indicated in the route plan accompanying the consignment must be sent within 24 hours of departure of the transport by the certifying veterinary authorities to the central veterinary authorities in the Member State of destination and any Member State of transit.
Article 9
Conditions to be met by staging points
1. By way of derogation to Article 4(1) of Regulation (EC) No 1255/97, Member States may approve as staging points the entire premises of approved assembly centres provided that such premises comply with Regulation (EC) No 1255/97 and this Decision during the entire period of operation as staging points.
2. Animals may be present at the same time at a staging point only, if they are of the same health status, including all additional guaranties provided for in the respective Community legislation, and belong to the category and species of animals for which the staging point is approved.
3. The operator of the staging point shall notify to the competent authority within one working day after departure of a consignment the information set out in point C. 7 of Annex I to Regulation (EC) No 1255/97.
4. The staging point shall, before accepting animals:
(a) have started the cleansing and disinfection operations not later than 24 hours after the departure of all animals previously held, and
(b) have remained cleared of animals until the cleansing and disinfection operation is completed to the satisfaction of the official veterinarian.
SECTION 4 FINAL PROVISIONS
Article 10
Transposition
The Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision and they shall give immediate appropriate publicity to the measures adopted. They shall immediately inform the Commission thereof.
Article 11
Entry into force and applicability
This Decision shall apply as from 1 July 2003 until 30 June 2004.
Article 12
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 30 June 2003. | [
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COMMISSION DECISION of 22 May 1992 approving measures to set up pilot projects for the control of rabies with a view to its eradication or prevention presented by Luxembourg (Only the French text is authentic) (92/302/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Decision 89/455/EEC of 24 July 1989 introducing Community measures to set up pilot projects for the control of rabies with a view to its eradication or prevention (1), and in particular Article 4 thereof,
Whereas, conforming to Article 1 of Decision 89/455/EEC Luxembourg shall set up large-scale pilot projects in accordance with Article 3 for the eradication or prevention of rabies in the wild life of the Community using vaccines for the oral immunization of foxes;
Whereas the pilot projects as presented by Luxembourg include the adjacent border areas of Belgium, France and Germany;
Whereas the pilot project is part of a cross border cooperation with Belgium, France and Germany;
Whereas by letter dated 26 February 1992, Luxembourg notified the Commission of pilot projects for the control of rabies with a view to its eradication or prevention;
Whereas, after examination the pilot project was found to comply with Decision 89/455/EEC; whereas the conditions for financial participation by the Community are therefore met;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The pilot projects for the eradication and prevention of rabies, presented in April and May 1992 by Luxembourg, are hereby approved.
Article 2
Luxembourg shall bring into force by 1 April 1992 the laws, regulations and administrative provisions for implementing the pilot projects referred to in Article 1.
Article 3
This Decision is addressed to the Grand Duchy of Luxembourg. Done at Brussels, 22 May 1992. | [
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COMMISSION REGULATION (EEC) No 189/77 of 28 January 1977 laying down detailed rules for the application of the system of minimum stocks in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3330/74 of 19 December 1974 on the common organization of the market in sugar (1), as last amended by Regulation (EEC) No 3138/76 (2), and in particular Article 34 thereof,
Having regard to Council Regulation (EEC) No 1488/76 of 22 June 1976 laying down provisions for the introduction of a system of minimum stocks in the sugar sector (3), and in particular Article 7 thereof,
Whereas Article 18 of Regulation (EEC) No 3330/74 provides for the introduction of a system of minimum stocks in the sugar sector ; whereas Regulation (EEC) No 1488/76 lays down the general provisions relating thereto;
Whereas, when determining the quantities to be covered by minimum stocks, it is appropriatiate to use the definition of production contained in Article 1 of Commission Regulation (EEC) No 700/73 of 12 March 1973 laying down certain detailed rules for the application of the quota system in the sugar sector (4), as amended by Regulation (EEC) No 1573/76 (5);
Whereas there is often a significant lapse of time between the production of sugar and its marketing ; whereas, in consequence, those concerned generally have to resort to the financing of their stocks before they are sold in order to cover their production costs and, in particular the cost of beet purchases ; whereas this practice should not be prevented in the case of sugar with constitutes the minimum stock;
Whereas the undertaking required by Article 3 (a) of Regulation (EEC) No 1488/76 must be set out in writing ; whereas no such undertaking should last longer than 12 months;
Whereas Article 3 (b) thereof provides that manufacturers of raw sugar or certain syrups may be released from the obligation to maintain their minimum stock on return for the reimbursement of the profit included in the intervention price for the costs involved in maintaining the minimum stock ; whereas, in the case of sugar taken from the minimum stock, Article 6 (a) thereof provides for the collection of that part of the amount which represents the profit referred to in the said Article 3 (b) ; whereas, in order to determine that profit, a flat-rate amount must be fixed for each sugar marketing year;
Whereas the calculation of the said profit is different for the refiners of preferential sugar and the processors respectively referred to in Articles 1 (b) and 3 (a) of the said Regulation ; whereas certain special provisions are therefore necessary;
Whereas it may happen that minimum stocks are, at one and the same time, the subject of different obligations ; whereas, therefore when these obligations are not met, there must be a method of apportionment in order to calculate the amount to be collected;
Whereas, in case of force majeure, the sugar concerned may not be available for the minimum stock ; whereas in such cases Member States ought not to collect that part of the amount referred to in Article 6 (b) of the said Regulation;
Whereas to enable the state of the Community's sugar supply to be kept under constant observation, Member States must inform the Commission of all cases which result in a reduction in minimum stocks;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
1. Minimum stocks: - shall be held at all times throughout each month concerned,
- shall not include sugar which has been carried forward in accordance with Article 31 of Regulation (EEC) No 3330/74 as long as the storage costs for such sugar are not reimbursed. (1)OJ No L 359, 31.12.1974, p. 1. (2)OJ No L 354, 24.12.1976, p. 1. (3)OJ No L 167, 26.6.1976, p. 11. (4)OJ No L 67, 14.3.1973, p. 12. (5)OJ No L 172, 1.7.1976, p. 52.
2. Sugar production for the purpose of Article 1 (a) of Regulation (EEC) No 1488/76 and the minimum stocks referred to in paragraph 1, shall be established in accordance with Article 1 of Regulation (EEC) No 700/73.
Article 2
For the purpose of Article 2 of Regulation (EEC) No 1488/76, a commitment contracted for the purpose of financing minimum stocks without transferring the ownership thereof shall not be considered to be a commitment that might impede the aims of Article 18 of Regulation (EEC) No 3330/74.
Article 3
1. The seller shall ensure that the undertaking by the processor, referred to in Article 3 (a) of Regulation (EEC) No 1488/76, shall reach the competent authority of the Member State concerned in writing not later than the time of the transfer of ownership of the sugar.
Such undertaking shall indicate the quantity of sugar which it covers and the period, which may not exceed 12 calendar months, during which it applies.
2. Where the processor is situated in another Member State, the two Member States shall agree on the control measures to be taken under Article 8 (1).
Article 4
1. A request for release from the obligation to hold minimum stocks, referred to in Article 3 (b) of Regulation (EEC) No 1488/76, may be only be made in respect of a period of 12 calendar months.
2. The profit to be reimbursed by the manufacturer, referred to in the said Article 3 (b), shall be calculated as follows:
The quantity produced within the limit of the maximum quota during the 12 calendar months immediately preceding the month of the request referred to in paragraph 1, shall be multiplied by a coefficient and the result shall then be multiplied by the flat-rate amount referred to in Article 6.
The coefficient shall be the ratio between the quantity of sugar covered by the request for the release from the obligation referred to in paragraph 1 and the quantity to be held as a minimum stock.
Article 5
1. The quantity of sugar considered as having been marketed for the purposes of Article 6 of Regulation (EEC) No 1488/76 shall be equal to the difference between the quantity which the person concerned is obliged to hold as a minimum stock and the quantity he actually holds for this purpose at the time of calculation.
2. Where a person is obliged to hold minimum stock by virtue of the simultaneous application of at least two of the following provisions of Regulation (EEC) No 1488/76, Article 1 (a), 1 (b), and 3 (a), then, when calculating the charge to be levied, the quantity marketed shall be apportioned in the same ratio as that existing between the quantities to be held by the person concerned under his minimum stock obligations.
3. The charge to be levied under Article 6 of Regulation (EEC) No 1488/76 shall be equal to the sum of the results of the following calculations: - the quantity produced within the limit of the maximum quota during the 12 calendar months immediately preceding the month of the marketing shall be multiplied by a coefficient and the result then multiplied by the flat-rate amount referred to in Article 6. The coefficient shall be the ratio between the marketed quantity and the quantity to be retained as the minimum stock;
- the quantity marketed from the minimum stock shall be multiplied by the difference between the threshold price and the intervention price for white sugar on the day of the marketing, plus two units of account per 100 kilograms.
4. Where a refiner of preferential sugar referred to in Article 1 (b) of Regulation (EEC) No 1488/76 or a processor referred to in Article 3 (a) thereof fails to fulfil obligations to hold minimum stock, the amount of the charge to be levied under Article 6 thereof shall be equal to the sum of the results of the following two calculations: - the marketed quantity multiplied by 10 times the flat-rate amount referred to in the Article;
- the marketed quantity multiplied by the difference between the threshold price and the intervention price for white sugar on the day of the marketing, plus two units of account per 100 kilograms.
5. The amounts referred to in this Article shall only be collected once in any period of 12 calendar months, in respect of a given marketed quantity.
Article 6
The flat-rate amount referred to in Articles 4 and 5 shall be fixed for each sugar marketing year.
For the purposes of Article 4 the flat-rate amount shall be that valid on the day of the request, and for the purposes of Article 5, the flat-rate amount shall be that valid on the day of the marketing.
Article 7
Where a person having an obligation to hold minimum stocks invokes force majeure to justify a failure to respect that obligation, the Member State recognizing such a case shall, only in respect of the month when the case of force majeure arose and of each subsequent month and part of a month and in respect of the missing quantity, levy one-twelfth of the amount resulting from the calculation referred to in either the first indent of Article 5 (3) or, where appropriate, the first indent of Article 5 (4). Where the person concerned is in the situation referred to in Article 5 (2) the rules of calculation therein provided shall apply mutatis mutandis.
Article 8
1. Member States shall take all measures necessary to ensure compliance with the system of minimum stocks.
2. Member States shall inform the Commission without delay of all cases in which the amounts referred to in Articles 4, 5 and 7 are to be collected, the quantities and the periods concerned, and the circumstances constituting each case of force majeure.
Article 9
This Regulation shall enter into force on 1 February 1977.
Nevertheless it shall apply to the obligations to hold in respect of minimum stocks: - sugar produced in the French departments of Guadeloupe and Martinique, with effect from 1 June 1977;
- preferential sugar, with effect from 1 July 1977.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 188/2006
of 2 February 2006
amending the export refunds on syrups and certain other sugar sector products exported in the natural state, as fixed by Regulation (EC) No 94/2006
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular the third indent of Article 27(5) thereof,
Whereas:
(1)
The refunds on syrups and certain other sugar products were fixed by Commission Regulation (EC) No 94/2006 (2). These refunds have been last amended by Regulation (EC) No 165/2006 (3).
(2)
Since the information at present available to the Commission is different to that available to it at the time Regulation (EC) No 94/2006 was adopted, these refunds should be amended,
HAS ADOPTED THIS REGULATION:
Article 1
The refunds to be granted on the products listed in Article 1(1)(d), (f) and (g), of Regulation (EC) No 1260/2001, fixed by Regulation (EC) No 94/2006 for the marketing year 2005/06, are hereby amended and detailed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 3 February 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 February 2006. | [
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COMMISSION REGULATION (EC) No 1747/2003
of 19 September 2003
amending Regulation (EC) No 2390/1999 laying down form and content of the accounting information to be submitted to the Commission for the purpose of the clearance of the EAGGF Guarantee Section accounts as well as for monitoring and forecasting purposes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
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 4(8) thereof,
Whereas:
(1) Article 2(3) of Commission Regulation (EC) No 1663/95 of 7 July 1995 laying down detailed rules for the application of Council Regulation (EEC) No 729/70 regarding the procedure for the clearance of the accounts of the EAGGF Guarantee Section(2), as last amended by Regulation (EC) No 2025/2001(3), provides that the form and content of the accounting information referred to in Article 4(1)(c) of that Regulation shall be established in accordance with the procedure provided for in Article 13 of Regulation (EC) No 1258/1999.
(2) Form and content of the accounting information to be submitted to the Commission for the purposes of the clearance of the EAGGF Guarantee Section accounts as well as for monitoring and forecasting purposes are presently laid down in Commission Regulation (EC) No 2390/1999(4), as last amended by Regulation (EC) No 1884/2002(5).
(3) Due to changes in the budget nomenclature and in order to keep the transfer of information between the Member States and the Commission optimal and up to date, it is necessary to amend the Annexes to Regulation (EC) No 2390/1999 as from 16 October 2003.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Fund Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes I, II and III to Regulation (EC) No 2390/1999 are replaced by the text in Annexes I, II and III to this Regulation.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 16 October 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 September 2003. | [
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COUNCIL REGULATION (EEC) No 2451/78 of 19 September 1978 concerning the conclusion of the Agreement in the form of an exchange of letters amending the Agreement between the European Economic Community and the Republic of Austria for the purpose of adjusting certain tariff specifications
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the recommendation from the Commission,
Whereas in consequence of the amendments resulting from the recommendation of 18 June 1976 of the Customs Cooperation Council and of certain autonomous changes to the Common Customs Tariff and the Austrian Customs Tariff, certain tariff specifications in the Agreement between the European Economic Community and the Republic of Austria (1) should be adjusted;
Whereas, moreover, it is necessary to amend the Agreement referred to above in order to establish a simplified procedure for adjusting tariff specifications in the event of further amendments to the tariffs of the Contracting Parties,
HAS ADOPTED THIS REGULATION:
Article 1
The Agreement in the form of an exchange of letters amending the Agreement between the European Economic Community and the Republic of Austria is hereby approved on behalf of the Community.
The text of the Agreement is annexed to this Regulation.
Article 2
The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1978.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 September 1978. | [
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*****
COMMISSION DECISION
of 6 October 1987
allocating among the Member States the additional Community authorizations resulting from the 15 % annual increase in the Community quota for the carriage of goods by road for 1988
(87/574/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3164/76 of 16 December 1976 on the Community quota for the carriage of goods by road between Member States (1), as last amended by Regulation (EEC) No 1879/87 (2), and in particular Article 3 (5) thereof,
Having consulted the Member States,
Whereas Article 3 (5) of Regulation (EEC) No 3164/76 calls upon the Commission to fix, before 1 October of each year for a period of four years as from 1985, the allocation among the Member States of the extra Community authorizations resulting from the increase in the Community quota;
Whereas at its meeting on 30 June 1986 the Council adopted conclusions calling for the cumulative annual increase in the Community quota to be raised to 40 % as from 1 January 1987; whereas in adopting the abovementioned Regulation (EEC) No 1879/87 the Council implemented this increase, but only for 1987;
Whereas, as currently worded, Article 3 (1) of the Regulation provides for a 15 % annual increase in the Community quota for 1988 by means of a Commission Decision;
Whereas the additional authorizations resulting from the annual increase should be allocated among the Member States in accordance with the criteria set out in Article 3 (3) of the said Regulation and in accordance with the method of calculation set out in Annex IV thereto;
Whereas the second subparagraph of Article 3 (5) of the Regulation provides that the Commission's decision shall become enforceable two months after its notification unless the matter has been referred to the Council by a Member State in the meanwhile,
HAS ADOPTED THIS DECISION:
Article 1
The additional Community authorizations for 1988 resulting from the 15 % annual increase in the Community quota shall amount to 1 742 authorizations.
Article 2
The additional authorizations referred to in Article 1 shall be allocated as follows:
Belgium 154
Denmark 174
Germany 220
Greece 72
Spain 161
France 183
Ireland 79
Italy 186
Luxembourg 97
Netherlands 190
Portugal 101
United Kingdom 125
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 6 October 1987. | [
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COMMISSION REGULATION (EC) No 322/2009
of 20 April 2009
concerning the permanent authorisations of certain additives in feedingstuffs
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), and in particular Articles 3 and 9d(1) thereof,
Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (2), and in particular Article 25 thereof,
Whereas:
(1)
Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition.
(2)
Article 25 of Regulation (EC) No 1831/2003 lays down transitional measures for applications for the authorisation of feed additives submitted in accordance with Directive 70/524/EEC before the date of application of Regulation (EC) No 1831/2003.
(3)
The applications for authorisation of the additives set out in the Annexes to this Regulation were submitted before the date of application of Regulation (EC) No 1831/2003.
(4)
Initial comments on those applications, as provided for in Article 4(4) of Directive 70/524/EEC, were forwarded to the Commission before the date of application of Regulation (EC) No 1831/2003. Those applications are therefore to continue to be treated in accordance with Article 4 of Directive 70/524/EEC.
(5)
The use of the enzyme preparation of endo-1,4-beta-xylanase produced by Bacillus subtilis (LMG S-15136) was provisionally authorised for laying hens by Commission Regulation (EC) No 358/2005 (3). It was authorised without a time limit for chickens for fattening by Commission Regulation (EC) No 1259/2004 (4), for piglets (weaned) by Commission Regulation (EC) No 1206/2005 (5), for pigs for fattening and turkeys for fattening by Commission Regulation (EC) No 516/2007 (6) and for 10 years for ducks by Commission Regulation (EC) No 242/2007 (7). New data were submitted in support of an application for authorisation without a time limit of that enzyme preparation for laying hens. The assessment shows that the conditions laid down in Article 3a of Directive 70/524/EEC for such authorisation are satisfied. Accordingly, the use of that enzyme preparation, as specified in Annex I to this Regulation, should be authorised without a time limit.
(6)
The use of the enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma longibrachiatum (IMI SD 135) was provisionally authorised for laying hens, pigs for fattening and weaned piglets by Commission Regulation (EC) No 1436/1998 (8). It was authorised without a time limit for chickens for fattening by Commission Regulation (EC) No 2148/2004 (9), for turkeys for fattening by Commission Regulation (EC) No 828/2007 (10). New data were submitted in support of an application for authorisation without a time limit of that enzyme preparation for laying hens and weaned piglets. The assessment shows that the conditions laid down in Article 3a of Directive 70/524/EEC for such authorisation are satisfied. Accordingly, the use of that enzyme preparation, as specified in Annex II to this Regulation, should be authorised without a time limit.
(7)
The use of the enzyme preparation of endo-1,3(4)-beta-glucanase and endo-1,4-beta-xylanase produced by Penicillium funiculosum (IMI SD 101) was provisionally authorised for piglets (weaned) and ducks for fattening by Regulation (EC) No 2148/2004. It was authorised for chickens for fattening without a time limit by Regulation (EC) No 1259/2004, for laying hens and turkeys for fattening by Commission Regulation (EC) No 943/2005 (11) and for pigs for fattening by Regulation (EC) No 1206/2005. New data were submitted in support of an application for authorisation without a time limit of that enzyme preparation for ducks for fattening and weaned piglets. The assessment shows that the conditions laid down in Article 3a of Directive 70/524/EEC for such authorisation are satisfied. Accordingly, the use of that enzyme preparation, as specified in Annex III to this Regulation, should be authorised without a time limit.
(8)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
The preparation belonging to the group ‘Enzymes’, as specified in Annex I, is authorised without a time limit as additive in animal nutrition under the conditions laid down in that Annex.
Article 2
The preparation belonging to the group ‘Enzymes’, as specified in Annex II, is authorised without a time limit as additive in animal nutrition under the conditions laid down in that Annex.
Article 3
The preparation belonging to the group ‘Enzymes’, as specified in Annex III, is authorised without a time limit as additive in animal nutrition under the conditions laid down in that Annex.
Article 4
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.
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COMMISSION REGULATION (EC) No 1282/2007
of 30 October 2007
derogating from Regulation (EEC) No 3149/92 as regards the end of the implementation period for the annual plan for the distribution of food for 2007
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3730/87 of 10 December 1987 laying down the general rules for the supply of food from intervention stocks to designated organisations for distribution to the most deprived persons in the Community (1), and in particular Article 6 thereof,
Whereas:
(1)
Under Article 3(1) of Commission Regulation (EEC) No 3149/92 of 29 October 1992 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community (2), the implementation period for the annual plan for the distribution of food finishes on 31 December of the year following its adoption.
(2)
Commission Regulation (EC) No 1539/2006 (3) adopted the plan for the period ending on 31 December 2007.
(3)
Exceptional circumstances on the markets in cereals and milk products which developed during the 2006/2007 marketing year have, in the case of 61 232,50 tonnes of cereals, 1 618 tonnes of butter and EUR 10 991 578 for the mobilisation on the market of skimmed-milk powder allocated to Italy, and in the case of 4 000 tonnes of butter and EUR 10 million for the mobilisation on the market of skimmed-milk powder allocated to France under the 2007 plan, complicated the implementation of the delivery contracts concluded with operators. To allow the implementation of the annual plan as laid down in Regulation (EC) No 1539/2006, the implementation period for the annual plan should, in these cases, be extended to 29 February 2008.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
By way of derogation from Article 3(1) of Regulation (EEC) No 3149/92, the 2007 plan may, in the case of 61 232,50 tonnes of cereals, 1 618 tonnes of butter and EUR 10 991 578 for the mobilisation on the market of skimmed-milk powder allocated to Italy, and 4 000 tonnes of butter and EUR 10 million for the mobilisation on the market of skimmed-milk powder allocated to France under that plan, be implemented until 29 February 2008.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COUNCIL REGULATION (EEC) No 436/85
of 18 February 1985
amending Regulations (EEC) No 1508/76 and (EEC) No 1521/76 on imports of olive oil originating in Tunisia and Morocco (1984/85)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 113 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas Articles 16 and 17 and Annex B to the Cooperation Agreements between the European Economic Community and Tunisia (2), and Morocco (3) respectively stipulate that, if the country in question levies a special export charge on imports into the Community of olive oil falling within subheading 15.07 A I of the Common Customs Tariff, the levy applicable to such oil is to be reduced by a fixed amount of 0,60 ECU per 100 kilograms and by an amount equal to the special charge, but not exceeding 12,09 ECU per 100 kilograms in the case of the reduction provided for in the aforementioned Articles and 12,09 ECU per 100 kilograms in the case of the additional amount provided for in the aforementioned Annex B;
Whereas, the aforementioned Agreements were implemented by Regulations (EEC) No 1508/76 (4) and (EEC) No 1521/76 (5), as last amended by Regulations (EEC) No 1112/84 (6) and (EEC) No 663/84 (7);
Whereas the Contracting Parties have agreed, by exchanges of letters, to fix the additional amount, on the one hand, at 12,09 ECU per 100 kilograms for the period 1 November 1984 to 31 October 1985, and on the other hand, for Tunisia, exceptionally and only for the period 1 November to 31 December 1984 at 22,09 ECU per 100 kilograms;
Whereas Regulations (EEC) No 1508/76 and (EEC) No 1521/76 should accordingly be amended,
HAS ADOPTED THIS REGULATION:
Article 1
Article 1 (1) (b) of Regulations (EEC) No 1508/76 and (EEC) No 1521/76 shall be replaced by the following:
'(b) an amount equal to the special charge levied by Tunisia and Morocco on exports of the said oil but not exceeding 12,09 ECU per 100 kilograms, this amount being increased for the period 1 November 1984 to 31 October 1985 by 12,09 ECU per 100 kilograms.
In addition, for Tunisia, exceptionally and for the period 1 November to 31 December 1984, the said amount shall be increased by 22,09 ECU per 100 kilograms.'
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 358/1999 of 17 February 1999 on a sale by tender of beef held by certain intervention agencies for export to certain third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organisation of the market in beef and veal (1), as last amended by Regulation (EC) No 1633/98 (2), and in particular Article 7(3) thereof,
Whereas the application of intervention measures in respect of beef has resulted in a build-up of stocks in several Member States; whereas outlets for those products exist in certain third countries; whereas, in order to prevent storage being prolonged excessively, part of those stocks should be put up for sale by tender for export to those countries;
Whereas the sale should be conducted in accordance with Commission Regulation (EEC) No 2173/79 of 4 October 1979 on detailed rules of application for the disposal of beef bought in by intervention agencies (3), as last amended by Regulation (EC) No 2417/95 (4), and in particular Titles II and III thereof, and Commission Regulation (EEC) No 3002/92 of 16 October 1992 laying down common detailed rules for verifying the use and/or destination of products from intervention (5), as last amended by Regulation (EC) No 770/96 (6), subject to certain special exceptions on account of the particular use to which the products in question are to be put;
Whereas, in order to ensure that the sales by tender are conducted properly and uniformly, measures in addition to those provided for in Article 8(1) of Regulation (EEC) No 2173/79 should be adopted;
Whereas provision should be made for derogations from Article 8(2)(b) of Regulation (EEC) No 2173/79 in view of the administrative difficulties which the application of that point is creating in the Member States concerned;
Whereas, for practical reasons, export refunds will not be granted on beef sold under this Regulation; whereas, however, successful tenderers will be required to apply for export licences for the quantity awarded, in accordance with Commission Regulation (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef and veal sector (7), as last amended by Regulation (EC) No 2648/98 (8);
Whereas, in order to ensure that the beef sold is exported to the eligible third countries, provision should be made for a security to be lodged before the goods are taken over and the primary requirements should be determined;
Whereas products from intervention stocks may in certain cases have undergone several handling operations; whereas, to help ensure satisfactory presentation and marketing, the repackaging of the products should be authorised in certain circumstances;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. The following approximate quantities of intervention products bought in pursuant to Article 6 of Regulation (EEC) No 805/68 shall be put up for sale:
- 10 000 tonnes of bone-in beef held by the German intervention agency,
- 10 000 tonnes of bone-in beef held by the French intervention agency.
2. The beef shall be exported to the zone 08 destinations listed in Annex II to Commission Regulation (EC) No 2697/98 (9).
3. Subject to the provisions of this Regulation, the sale shall be conducted in accordance with Regulation (EEC) No 2173/79, and in particular Titles II and III thereof, and Regulation (EEC) No 3002/92.
Article 2
1. Notwithstanding Articles 6 and 7 of Regulation (EEC) No 2173/79, this Regulation shall serve as a general notice of invitation to tender.
The intervention agencies concerned shall draw up notices of invitation to tender, setting out in particular:
- the quantities of beef put up for sale, and
- the deadline and place for the submission of tenders.
2. Particulars of the quantities and the places where the products are stored may be obtained by the parties concerned at the addresses set out in the Annex II. The intervention agencies shall, in addition, display the notices referred to in paragraph 1 at their head offices and may also publish them in other ways.
3. The intervention agencies concerned shall sell first meat which has been in storage for the longest time.
4. Only tenders reaching the intervention agencies concerned by 12 noon on 23 February 1999 shall be considered.
5. Tenders shall be valid only if they relate to a minimum of 15 tonnes.
6. Notwithstanding Article 8(1) of Regulation (EEC) No 2173/79, tenders must be submitted to the intervention agency concerned in sealed envelopes bearing a reference to this Regulation. The sealed envelopes must not be opened by the intervention agency before the deadline for submission as referred to in paragraph 4 has expired.
7. Notwithstanding Article 8(2)(b) of Regulation (EEC) No 2173/79, tenders shall not specify the store or stores where the products are held.
8. Notwithstanding Article 15(1) of Regulation (EEC) No 2173/79, the security shall be EUR 12 per 100 kilograms.
The submission of an application for an export licence as referred to in Article 4(2) shall constitute a primary requirement in addition to the requirements laid down in Article 15(3) of Regulation (EEC) No 2173/79.
Article 3
1. Not later than the day following the closing date for the submission of tenders, the Member States shall send the Commission details of tenders received.
2. Following scrutiny of the tenders, a minimum selling price for each product shall be set or no award shall be made.
Article 4
1. The intervention agency shall send each tenderer the information referred to in Article 11 of Regulation (EEC) No 2173/79 by fax.
2. Within five working days of the date on which the information as referred to in paragraph 1 is forwarded, the successful tenderers shall apply for one or more export licences as referred to in the first indent of Article 8(2) of Regulation (EC) No 1445/95 in respect of the quantity awarded. Applications shall be accompanied by the fax as referred to in paragraph 1 and shall contain in box 7 the name of one of the zone 08 countries referred to in Article 1(2). In addition, one of the following shall be entered in box 20 of applications:
- Productos de intervención sin restitución [Reglamento (CE) n° 358/1999]
- Interventionsvarer uden restitution [Forordning (EF) nr. 358/1999]
- Interventionserzeugnisse ohne Erstattung [Verordnung (EG) Nr. 358/1999]
- Ðñïúüíôá ðáñÝìâáóçò ÷ùñßò åðéóôñïöÞ [êáíïíéóìüò (ÅÊ) áñéè. 358/1999]
- Intervention products without refund [Regulation (EC) No 358/1999]
- Produits d'intervention sans restitution [règlement (CE) n° 358/1999]
- Prodotti d'intervento senza restituzione [Regolamento (CE) n. 358/1999]
- Producten uit interventievoorraden zonder restitutie [Verordening (EG) nr. 358/1999]
- Produtos de intervenção sem restituição [Regulamento (CE) n.° 358/1999]
- Interventiotuotteita - ei vientitukea [Asetus (EY) N:o 358/1999]
- Interventionsprodukt utan exportbidrag [Förordning (EG) nr 358/1999].
Article 5
1. Notwithstanding Article 18(1) of Regulation (EEC) No 2173/79, the delivery period shall run for three months from the date of the notification as referred to in Article 4(1) of this Regulation.
2. Notwithstanding the first indent of Article 8(2) of Regulation (EC) No 1445/95, export licences applied for in accordance with Article 4(2) of this Regulation shall be valid for 90 days.
Article 6
1. A security shall be lodged by the buyer before the goods are taken over to ensure they are exported to the third countries referred to in Article 1(2). Import into one of those countries shall constitute a primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 (10).
2. The security referred to in paragraph 1 above shall be, per tonne:
- the difference between the price tendered per tonne and EUR 2 000 in the case of bone-in hindquarters,
- the difference between the price tendered per tonne and EUR 1 300 in the case of bone-in forequarters.
Article 7
The competent authorities may permit intervention products with torn or soiled packaging to be put up in new packaging of the same type, under their supervision and before being presented for dispatch at the customs office of departure.
Article 8
No export refund shall be granted on meat sold under this Regulation.
Removal orders as referred to in Article 3(1)(b) of Regulation (EEC) No 3002/92, export declarations and, where appropriate, T5 control copies shall contain one of the following entries:
- Productos de intervención sin restitución [Reglamento (CE) n° 358/1999]
- Interventionsvarer uden restitution [Forordning (EF) nr. 358/1999]
- Interventionserzeugnisse ohne Erstattung [Verordnung (EG) Nr. 358/1999]
- Ðñïúüíôá ðáñÝìâáóçò ÷ùñßò åðéóôñïöÞ [êáíïíéóìüò (ÅÊ) áñéè. 358/1999]
- Intervention products without refund (Regulation (EC) No 358/1999)
- Produits d'intervention sans restitution [règlement (CE) n° 358/1999]
- Prodotti d'intervento senza restituzione [Regolamento (CE) n. 358/1999]
- Producten uit interventievoorraden zonder restitutie [Verordening (EG) nr. 358/1999]
- Produtos de intervenção sem restituição [Regulamento (CE) n.° 358/1999]
- Interventiotuotteita - ei vientitukea [Asetus (EY) N:o 358/1999]
- Interventionsprodukt utan exportbidrag [Förordning (EG) nr 358/1999].
Article 9
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 February 1999. | [
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COMMISSION DECISION
of 15 April 2005
providing for the temporary marketing of certain seed of the species Glycine max not satisfying the requirements of Council Directive 2002/57/EC
(notified under document number C(2005) 1137)
(Text with EEA relevance)
(2005/310/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (1), and in particular Article 21(1) thereof,
Whereas:
(1)
In Austria the quantity of available seed of soya bean (Glycine max) suitable to the national climatic conditions and which satisfies the germination capacity requirements of Directive 2002/57/EC is insufficient and is therefore not adequate to meet the needs of that Member State.
(2)
It is not possible to meet the demand for seed of these species satisfactorily with seed from other Member States or from third countries which satisfies all the requirements laid down in Directive 2002/57/EC.
(3)
Accordingly, Austria should be authorised to permit the marketing of seed of that species subject to less stringent requirements for a period expiring on 15 June 2005.
(4)
In addition, other Member States irrespective of whether the seed was harvested in a Member State or in a third country covered by Council Decision 2003/17/EC of 16 December 2002 on the equivalence of field inspections carried out in third countries on seed-producing crops and the equivalence of seed produced in third countries (2) which are in a position to supply Austria with seed of that species, should be authorised to permit the marketing of such seed.
(5)
It is appropriate that Austria act as coordinator in order to ensure that the total amount of seed authorised pursuant to this Decision does not exceed the maximum quantity covered by this Decision.
(6)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DECISION:
Article 1
The marketing in the Community of seed of soya bean (Glycine max) which does not satisfy the minimum germination capacity requirements laid down in Directive 2002/57/EC shall be permitted, for a period expiring on 15 June 2005, in accordance with the terms set out in the Annex to this Decision and subject to the following conditions:
(a)
the germination capacity must be at least that set out in the Annex to this Decision,
(b)
the official label must state the germination ascertained in the official examination carried out pursuant to Article 2(1)(f) and (g) of Directive 2002/57/EC,
(c)
the seed must have been first placed on the market in accordance with Article 2 of this Decision.
Article 2
Any seed supplier wishing to place on the market the seeds referred to in Article 1 shall apply for authorisation to the Member State in which he is established or importing.
The Member State concerned shall authorise the supplier to place that seed on the market, unless:
(a)
there is sufficient evidence to doubt as to whether the supplier is able to place on the market the amount of seed for which he has applied for authorisation; or
(b)
the total quantity authorised to be marketed pursuant to the derogation concerned would exceed the maximum quantity specified in the Annex.
Article 3
The Member States shall assist each other administratively in the application of this Decision.
Austria shall act as coordinating Member State in respect of Article 1 in order to ensure that the total amount authorised does not exceed the maximum quantity specified in the Annex.
Any Member State receiving an application under Article 2 shall immediately notify the coordinating Member State of the amount covered by the application. The coordinating Member State shall immediately inform the notifying Member State as to whether authorisation would result in the maximum quantity being exceeded.
Article 4
Member States shall immediately notify the Commission and the other Member States of the quantities in respect of which they have granted marketing authorisation pursuant to this Decision.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 15 April 2005. | [
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COMMISSION REGULATION (EEC) No 3025/93 of 28 October 1993 opening and providing for the administration of Community tariff quotas for certain agricultural products originating in the African, Caribbean and Pacific States
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 715/90 of 5 March 1990 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (1), extended by Regulation (EEC) No 444/92 (2), and in particular Article 27 thereof,
Whereas Articles 16 of Regulation (EEC) No 715/90 provide for the opening by the Community of quotas for imports of the following:
- 2 000 tonnes of tomatoes, other than cherry tomatoes falling within CN codes ex 0702 00 10, for the period 15 November to 30 April,
- 2 000 tonnes of cherry tomatoes, falling within CN code ex 0702 00 10, for the period 15 November to 30 April,
- 200 tonnes of fresh figs falling within CN code ex 0804 20 10, for the period 1 November to 30 April,
- 1 500 tonnes of fresh strawberries falling within CN code ex 0810 10 90, for the period 1 November to 28 February;
Whereas within the limits of these tariff quotas, customs duties have been phased out progressively:
- during the same periods and in accordance with the same timetables provided for in Articles 75 and 268 of the Act of Accession of Spain and Portugal, concerning the tariff quotas for chilled tomatoes, fresh figs and, strawberries,
- by 60 % of the said duties concerning the tariff quota in relation to tomatoes other than cherry tomatoes and that these maximal reduction rates have been applied from the moment of entry into force of the present Regulation;
Whereas it is in particular necessary to ensure that all Community importers enjoy equal and uninterrupted access to the abovementioned quotas and that the rates laid down for those quotas should apply consistently to all imports of the products concerned into all Member States until the quotas have been used up;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, all transactions concerning the administration of the quotas may be carried out by any of its members;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
The customs duties applicable to imports into the Community of the following products originating in the African, Caribbean and Pacific States shall be suspended at the levels indicated and within the limits of the Community tariff quotas as shown below:
09.1601 ex 0702 00 10 Tomatoes, fresh or chilled, from 15 November 1992 to April 1993 2 000 4,4
min 0,8 ECU/100 kg/net 09.1613 ex 0702 00 10 Cherry tomatoes, fresh or chilled from 15 November 1993 to 30 April 1994 2 000 0
09.1608 ex 0804 20 10 Fresh figs, from 1 November 1993 to 30 April 1994 200 0
09.1603 ex 0810 10 90 Fresh strawberries, from 1 November 1993 to 28 February 1994 1 500 0
(1) Taric codes appear in the Annex.
Article 2
The tariff quotas referred to in Article 1 shall be managed by the Commission, which may take any appropriate administrative measures to ensure that they are managed efficiently.
Article 3
Where an importer preserves an entry for release for free circulation in a Member State in respect of a product covered by this Regulation, applying to take advantage of the preferential arrangements, and the entry is accepted by the customs authorities, the Member State concerned shall, by notifying the Commission, draw an amount corresponding to requirements from the quota.
Requests for drawings, indicating the data on which the entries were accepted, must be sent to the Commission without delay.
Drawings shall be granted by the Commission in chronological order of the dates on which the customs authorities of the Member States concerned accepted the entries for release for free circulation to the extent that the available balance so permits.
If a Member State does not use a drawing in full it shall return any unused portion to the corresponding quota as soon as possible.
If the quantities requested are greater than the available balance of the quota, the balance shall be allocated among applicants pro rata. The Commission shall inform the Member States of the drawings made.
Article 4
Each Member State shall ensure that importers of the products concerned have free access to the quotas for such time as the residual balance of the quotas so permits.
Article 5
The Member States and the Commission shall cooperate closely in order to ensure that this Regulation is complied with.
Article 6
This Regulation shall enter into force on 1 November 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 3426/93 of 14 December 1993 amending Annexes III and IV to Council Regulation (EEC) No 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (1), as last amended by Commission Regulation (EC) No 3425/93 (2) and in particular Articles 7 and 8 thereof,
Whereas, in accordance with Regulation (EEC) No 2377/90, maximum residue limits must be established progressively for all pharmacologically active substances which are used within the Community in veterinary medicinal products intended for administration to food-producing animals;
Whereas, maximum residue limits should be established only after the examination within the Committee for veterinary medicinal products of all the relevant information concerning the safety of residues of the substance concerned for the consumer of foodstuffs of animal origin and the impact of residues on the industrial processing of foodstuffs;
Whereas, in establishing maximum residue limits for residues of veterinary medicinal products in foodstuffs of animal origin, it is necessary to specify the animal species in which residues may be present, the levels which may be present in each of the relevant meat tissues obtained from the treated animal (target tissue) and the nature of the residue which is relevant for the monitoring of residues (marker residue);
Whereas, for the control of residues, as provided for in appropriate Community legislation, maximum residue limits should usually be established for the target tissues of liver or kidney; whereas, however, the liver and kidney are frequently removed from carcasses moving in international trade, and maximum residue limits should therefore also always be established for muscle or fat tissues;
Whereas, in the case of veterinary medicinal products intended for use in laying birds, lactating animals or honey bees, maximum residue limits must also be established for eggs, milk or honey;
Whereas, in order to allow for the completion of scientific studies, the duration of the validity of the provisional maximum residue limits previously defined in Annex III to Regulation (EEC) No 2377/90 should be extended for all substances belonging to the tetracyclines and the sulphonamides group;
Whereas, in order to allow for the assessment of new scientific information, the duration of the validity of the provisional maximum residue limits previously defined in Annex III to Regulation (EEC) No 2377/90 should be extended for dimetridazole;
Whereas ronidazole and dapsone should be inserted in Annex IV to Regulation (EEC) No 2377/90;
Whereas a period of 60 days should be allowed before the entry into force of this Regulation in order to allow Member States to make any adjustment which may be necessary to the authorizations to place the veterinary medicinal products concerned on the market which have been granted in accordance with Council Directive 81/851/EEC (3), as amended by Directive 90/676/EEC (4) to take account of the provisions of this Regulation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee for the adaptation to technical progress of the directives on the removal of technical barriers to trade in the veterinary medicinal products sector,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes III and IV to Regulation (EEC) No 2377/90 are hereby amended as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on the sixtieth day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 December 1993. | [
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COMMISSION REGULATION (EEC) No 1056/91 of 25 April 1991 amending Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), as last amended by Regulation (EEC) No 315/91 (2), and in particular Article 9 thereof,
Whereas Council Regulation (EEC) No 3034/80 of 11 November 1980 fixing the quantities of basic products considered to have been used in the manufacture of goods covered by Regulation (EEC) No 3033/80 and amending Regulation (EEC) No 950/68 on the Common Customs Tariff (3), as amended by Regulation (EEC) No 572/91 (4), stipulates that certain goods falling within Chapter 21 of the combined nomenclature shall be subject to the levy of a variable component if they contain starch breakdown products;
whereas the third subparagraph of Article 1 (2) of Commission Regulation (EEC) No 1061/69 of 6 June 1969 specifying methods of analysis for the implementation of Regulation (EEC) No 1059/69 on the trade arrangements applicable to certain goods resulting from the processing of agricultural products (5), repealed by Commission Regulation (EEC) No 4154/87 (6), provides that, under certain conditions, dextrins are to be treated as starches in a given product; whereas this provision was not included in the last Regulation referred to above; whereas it is therefore necessary, in order to return unequivocally to the situation prevailing before 1 January 1988 and to ensure uniform and correct application of the variable component, to insert an additional note to Chapter 21 of the combined nomenclature; whereas it is necessary for this purpose to amend Regulation (EEC) No 2658/87;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Nomenclature Committee,
HAS ADOPTED THIS REGULATION: Article 1
The combined nomenclature annexed to Regulation (EEC) No 265/87 is hereby amended as follows:
1. The following additional note 1 is added to Chapter 21:
'1. For the purpose of subheadings 2101 10 91, 2101 20 10, 2106 10 10 and 2106 90 91 the term "starch" also covers starch breakdown products.'
2. Current additional notes 1 and 2 now become 2 and 3. Article 2
This Regulation shall enter into force three weeks after 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.
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COMMISSION REGULATION (EC) No 2340/96 of 6 December 1996 amending Regulation (EC) No 1223/94 laying down special detailed rules for the application of the system of advance-fixing certificates for certain agricultural products exported in the form of goods not covered by Annex II to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), and in particular the first subparagraph of Article 8 (3) and Article 20 thereof,
Whereas Commission Regulation (EC) No 1223/94 (2), as amended by Regulation (EC) No 2400/95 (3), lays down special detailed rules for the application of the system of advance-fixing certificates for certain agricultural products exported in the form of goods not covered by Annex II to the Treaty;
Whereas Regulation (EC) No 1223/94 contains errors, in the Italian, English, Swedish and Finnish versions, introduced by Regulation (EC) No 2400/95; whereas Article 9 (1) of Regulation (EC) No 1223/94 also contains an error; whereas these errors should be corrected;
Whereas, in the case of an invitation to tender issued in a third country, the tenderer does not know whether he has been successful until after he has submitted his application for a certificate; whereas, in this particular case, the maximum period of validity of the certificate should, therefore, be calculated from the date of its effective issue;
Whereas, with regard to barley exported in the form of beer, non-alcoholic beer falling within CN code 2202 90 10 should be treated in the same way as beer falling within CN code 2203;
Whereas, in certain cases, food-aid transactions within the meaning of Article 10 (4) of the Uruguay Round Agreement on Agriculture are subject to the requirement to fix the rates of refund in advance; whereas, in the case of food-aid transactions, the possibility of speculation may be ruled out; whereas, for transactions of this kind, the rate fixed in advance should, therefore, be the same as the rate not fixed in advance;
Whereas in the case of an invitation to tender, only one tenderer will be awarded a contract; whereas it is necessary to know the quantities corresponding to applications from tenderers who have not been selected and who are not, therefore, issued with a certificate;
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 to the Treaty,
HAS ADOPTED THIS REGULATION:
Article 1
Commission Regulation (EC) No 1223/94 is amended as follows:
1. The amendment to the last subparagraph of Article 3 (3) only concerns the Italian text.
2. The first indent of Article 4 (1) is replaced by the following text:
'- for products covered by the common organizations of the markets in sugar, cereals, rice and eggs, until the end of the fifth month following that of issue.`
3. The last subparagraph of Article 4 (1) is replaced by the following:
'By way of derogation from the preceding subparagraph, where goods are exported on the basis of an invitation to tender, as referred to in Article 44 of Regulation (EEC) No 3719/88, issued in an importing non-member country, the certificate shall be valid from the date of its effective issue until the date on which the obligations arising from the award must be met, although the period of validity of the certificate may not exceed eight months following the month of such issue.`
4. Point (a) of Article 4 (2) is replaced by the following:
'With regard to barley exported in the form of beer falling within CN code 2203 or malt beer of an actual alcoholic strength by volume not exceeding 0,5 % vol falling within CN code 2202 90 10 the certificate shall be valid until the end of the eleventh month following the month of issue.`
5. In Article 6, the following subparagraph is added:
'By way of derogation from the Regulations fixing the rates of refund applicable to the export of basic products in the form of goods not covered by Annex II to the Treaty, the rates of refund with advance fixing applied to applications for certificates and certificates established for a food-aid transaction within the meaning of Article 10 (4) of the Uruguay Round Agreement on Agriculture shall be the rates applied to certificates without advance fixing. The rates to be taken into consideration shall be the rates in force on the day determined pursuant to Article 2 of Regulation (EEC) No 2330/87 (*) in the case of exports by way of Community food aid or the day determined by Article 10a (2) of Regulation (EC) No 1446/95 (**) in the case of imports of milk or milk products by way of national food aid.
(*) OJ No L 210, 1. 8. 1987, p. 56.
(**) OJ No L 144, 28. 6. 1995, p. 22.`
6. Article 7 is replaced by the following:
'Article 7
By way of derogation from Article 33 (2) of Regulation (EEC) No 3719/88, where a certificate is returned to the issuing body before the end of its period of validity the security forfeit in accordance with Article 33 (2) of Regulation (EEC) No 3719/88 shall be reduced by 40 %.`
7. Article 8 is replaced by the following:
'Article 8
Member States shall notify the Commission:
1. every Tuesday and Friday of the quantities of basic products for which applications for certificates, with the exception of applications for certificates referred to in Article 6, have been lodged up to the working day preceding the day of notification, or of the absence of applications for certificates.
Notifications shall distinguish between certificates subject to a maximum waiting period of five days, as referred to in Article 3 (3), and the certificates referred to in Article 3 (4).
Applications for certificates lodged with a view to an invitation to tender issued in an importing non-member country, as referred to in Article 44 of Regulation (EEC) No 3719/88, shall be notified separately from the other applications.
2. before the 15th of each month:
(a) of the quantities of basic products for which certificates have been returned unused in the course of the preceding month,
(b) of the certificates issued in the course of the preceding month, as referred to in Article 6, and
(c) of the quantities of basic products for which certificates have been applied for with a view to an invitation to tender but for which a certificate has not been issued.`
8. The first paragraph of Article 9 is replaced by the following:
'The issue of certificates provided for in this Regulation shall be subject to the provision of a security, the amount of which is determined in the following table; this security shall be released under the conditions set out in Regulation (EEC) No 3719/88 and, where appropriate, in Article 7 of this Regulation.`
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EEC) No 2143/87
of 13 July 1987
concerning the conclusion of the Agreement between the European Economic Community and the Government of the People's Republic of Mozambique on fisheries relations
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas the Community and the People's Republic of Mozambique have negotiated and initialled an Agreement on fisheries relations which guarantees fishing opportunities for Community fishermen in waters over which Mozambique has sovereignty or jurisdiction;
Whereas it is in the Community's interest to approve this Agreement,
HAS ADOPTED THIS REGULATION:
Article 1
The Agreement between the European Economic Community and the Government of the People's Republic of Mozambique on fisheries relations is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Regulation.
Article 2
The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in order to bind the Community (3).
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 13 July 1987. | [
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COMMISSION REGULATION (EC) No 1968/2004
of 16 November 2004
laying down detailed rules for the application in 2005 of the tariff quotas for ‘baby beef’ products originating in Croatia, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia and Serbia and Montenegro
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 the first subparagraph of Article 32(1) thereof,
Whereas:
(1)
Article 4(2) of Council Regulation (EC) No 2007/2000 of 18 September 2000 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process, amending Regulation (EC) No 2820/98, and repealing Regulations (EC) No 1763/1999 and (EC) No 6/2000 (2), provides for an annual preferential tariff quota of 11 475 tonnes of ‘baby beef’, distributed among Bosnia and Herzegovina and Serbia and Montenegro including Kosovo.
(2)
The Interim Agreement with Croatia, approved by Council Decision 2002/107/EC of 28 January 2002 on the conclusion of an Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Croatia, of the other part (3), and the Stabilisation and Association Agreement with the former Yugoslav Republic of Macedonia, approved by Council and Commission Decision 2004/239/EC, Euratom of 23 February 2004 concerning the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (4), lay down annual preferential tariff quotas of 9 400 tonnes and 1 650 tonnes respectively.
(3)
Article 2 of Council Regulation (EC) No 2248/2001 of 19 November 2001 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part and for applying the Interim Agreement between the European Community and the Republic of Croatia (5) and Article 2 of Council Regulation (EC) No 153/2002 of 21 January 2002 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, and for applying the Interim Agreement between the European Community and the former Yugoslav Republic of Macedonia (6) provide that detailed rules for the implementation of concessions on ‘baby beef’ should be laid down.
(4)
For control purposes, Regulation (EC) No 2007/2000 makes imports under the quotas of ‘baby beef’ for Bosnia and Herzegovina and Serbia and Montenegro, including Kosovo, subject to the presentation of a certificate of authenticity attesting that the goods originate from the issuing country and that they correspond exactly to the definition in Annex II to that Regulation. For the sake of harmonisation, imports under the quotas of ‘baby beef’ originating in Croatia and the former Yugoslav Republic of Macedonia should also be made subject to the presentation of a certificate of authenticity attesting that the goods originate from the issuing country and that they correspond exactly to the definition in Annex III to the Stabilisation and Association Agreement with the former Yugoslav Republic of Macedonia and the Interim Agreement with Croatia. A model should also be established for the certificates of authenticity and detailed rules laid down for their use.
(5)
Kosovo, as defined by United Nations Security Council Resolution 1244 of 10 June 1999, is subject to an international civil administration by the United Nations Mission in Kosovo (UNMIK), which has also set up a separate customs service. There should therefore also be a specific certificate of authenticity for goods originating in the Serbia Montenegro/Kosovo.
(6)
The quotas concerned should be managed through the use of import licences. To this end, 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 (7), and Commission Regulation (EC) No 1445/95 on rules of application for import and export licences in the beef and veal sector and repealing Regulation (EEC) No 2377/80 (8), should be applicable subject to this Regulation.
(7)
In order to ensure proper management of imports of the products concerned, import licences should be issued subject to verification, in particular of entries on certificates of authenticity.
(8)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. The following tariff quotas are hereby opened for the period from 1 January to 31 December 2005:
(a)
9 400 tonnes of ‘baby beef’, expressed in carcass weight, originating in Croatia;
(b)
1 500 tonnes of ‘baby beef’, expressed in carcass weight, originating in Bosnia and Herzegovina;
(c)
1 650 tonnes of ‘baby beef’, expressed in carcass weight, originating in the former Yugoslav Republic of Macedonia;
(d)
9 975 tonnes of ‘baby beef’, expressed in carcass weight, originating in Serbia and Montenegro including Kosovo.
The quotas referred to in the first subparagraph shall bear the order Nos 09.4503, 09.4504, 09.4505 and 09.4506 respectively.
For the purposes of attributing those quotas, 100 kilograms live weight shall be equivalent to 50 kilograms carcass weight.
2. The customs duty applicable under the quotas referred to in paragraph 1 shall be 20 % of the ad valorem duty and 20 % of the specific duty as laid down in the Common Customs Tariff.
3. Importation under the quotas referred to in paragraph 1 shall be reserved for certain live animals and certain meat falling within the following CN codes, referred to in Annex II to Regulation (EC) No 2007/2000 and in Annex III to the Interim Agreements concluded with Croatia and the Stabilisation and Association Agreement concluded with the former Yugoslav Republic of Macedonia:
-
ex 0102 90 51, ex 0102 90 59, ex 0102 90 71 and ex 0102 90 79,
-
ex 0201 10 00 and ex 0201 20 20,
-
ex 0201 20 30,
-
ex 0201 20 50.
Article 2
Save as otherwise provided in this Regulation, Regulations (EC) No 1291/2000 and (EC) No 1445/95 shall apply to importing operations under the quotas referred to in Article 1.
Article 3
1. Imports of the quantities set out in Article 1 shall be subject to presentation, on release for free circulation, of an import licence.
2. Section 8 of licence applications and licences shall show the country or customs territory of origin. Licences shall carry with them an obligation to import from the country or customs territory indicated.
Section 20 of licence applications and licences shall show one of the entries listed in Annex I.
3. The original of the certificate of authenticity drawn up in accordance with Article 4 plus a copy thereof shall be presented to the competent authority together with the application for the first import licence relating to the certificate of authenticity. The original of the certificate of authenticity shall be kept by the competent authority.
Certificates of authenticity may be used for the issue of more than one import licence for quantities not exceeding that shown on the certificate. Where more than one licence is issued in respect of a certificate, the competent authority shall endorse the certificate of authenticity to show the quantity attributed.
4. The competent authorities may issue import licences only after they are satisfied that all the information on the certificate of authenticity corresponds to that received each week from the Commission for the imports concerned. The licences shall be issued immediately thereafter.
Article 4
1. All applications for imports licences under the quotas referred to in Article 1 shall be accompanied by a certificate of authenticity issued by the authorities of the exporting country or customs territory listed in Annex VII attesting that the goods originate in that country or customs territory and that they correspond to the definition given, as the case may be, in Annex II to Regulation (EC) No 2007/2000 or Annex III to the Stabilisation and Association Agreement and the Interim Agreement referred to in Article 1(3).
2. Certificates of authenticity shall be made out in one original and two copies, to be printed and completed in one of the official languages of the Community, in accordance with the relevant model in Annexes II to VI for the exporting countries and the customs territory concerned. They may also be printed and completed in the official language or one of the official languages of the exporting country or customs territory.
The competent authorities of the Member State in which the import licence application is submitted may require a translation of the certificate to be provided.
3. The original and copies of the certificate of authenticity may be typed or hand-written. In the latter case, they shall be completed in black ink and in block capitals.
The certificate forms shall measure 210 x 297 mm. The paper used shall weigh not less than 40 g/m2. The original shall be white, the first copy pink and the second copy yellow.
4. Each certificate shall have its own individual serial number followed by the name of the issuing country or customs territory.
The copies shall bear the same serial number and the same name as the original.
5. Certificates shall be valid only if they are duly endorsed by an issuing authority listed in Annex VII.
6. Certificates shall be deemed to have been duly endorsed if they state the date and place of issue and if they bear the stamp of the issuing authority and the signature of the person or persons empowered to sign them.
Article 5
1. The issuing authorities listed in Annex VII shall:
(a)
be recognised as such by the exporting country or customs territory concerned;
(b)
undertake to verify entries on the certificates;
(c)
undertake to forward to the Commission at least once a week any information enabling the entries on the certificates of authenticity to be verified, in particular with regard to the number of the certificate, the exporter, the consignee, the country of destination, the product (live animals/meat), the net weight and the date of signature.
2. The list in Annex VII shall be revised by the Commission where the requirement referred to in paragraph 1(a) is no longer met, where an issuing authority fails to fulfil one or more of the obligations incumbent on it or where a new issuing authority is designated.
Article 6
Certificates of authenticity and import licences shall be valid for three months from their respective dates of issue. However, their term of validity shall expire on 31 December 2005.
Article 7
The exporting countries and the custom territory concerned shall communicate to the Commission specimens of the stamp imprints used by their issuing authorities and the names and signatures of the persons empowered to sign certificates of authenticity. The Commission shall communicate that information to the competent authorities of the Member States.
Article 8
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 November 2004. | [
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COUNCIL REGULATION (EC) No 2468/96 of 17 December 1996 amending Regulation (EEC) No 2046/89 laying down general rules for distillation operations involving wine and the by-products of wine-making
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), and in particular Articles 35 (7), 36 (5), 38 (4), 39 (8), 41 (8) and 42 (4) thereof,
Having regard to the proposal from the Commission,
Whereas any application for aid from a distiller must, in cases of compulsory distillation, be accompanied by evidence to show that the minimum buying-in price for the distillation in question has in fact been paid to the producer; whereas, taking into account the characteristics peculiar to the distillation of the by-products of wine-making, Member States should be permitted, following the Commission's agreement, to apply simplified procedures for submission of the evidence in question for this type of distillation;
Whereas, for operational effectiveness, Member States should no longer be able to choose to apply the standard prices only but distillers should be allowed, subject to certain conditions, to benefit from variations in the alcohol buying-in price according to raw material distilled; whereas, however, with a view to taking into account certain administrative implications of this provision in Spain, it is appropriate that provision be made, by way of derogation, for a transitional period for the provision to be applied in that Member State;
Whereas the distiller is a channel for distributing aid to the producer through the payment of a minimum buying-in price for products to be distilled; whereas retrospective checks on aid applications from distillers sometimes bring to light errors or lack of precision on the part of the harvesters of the grapes or producers of the wine; whereas the liabilities arising therefrom should therefore be assumed by such harvesters or producers; whereas, to this end, it should be possible for the amount of aid wrongly paid to be recovered, subject to conditions to be determined, from the wine producer;
Whereas Regulation (EEC) No 2046/89 (2) should be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2046/89 is hereby amended as follows:
1. the following sentence shall be added to Article 17 (1) (c):
'However, Member States may introduce simplified procedures for submission of the evidence that the minimum purchase price stipulated for the distillation of the by-products of wine-making has been paid, after the Commission has given its approval to such procedures.`;
2. the second subparagraph of Article 18 (3) shall be replaced by the following:
'Member States:
- may decide to apply differentiated prices if application of the standard price would or could make it impossible in certain Community regions to have one or more winemaking by-products distilled,
- must in all cases apply such prices to distillers who, in the course of a wine year, have distilled one or other raw material to a percentage exceeding 60 % of their total distillation. However, Spain is hereby authorized not to apply this provision for the 1997/98 marketing year.
The level of prices fixed for the product distilled from the various by-products must be such that the weighted average of these prices does not exceed the standard price.`;
3. In Article 22:
(a) in paragraph 3:
- the following sentence shall be added to the second subparagraph:
'However, where the producer is liable and subject to conditions to be determined, the intervention agency may recover from the producer an amount equal to the aid in question.`,
- the last sentence of the fourth subparagraph shall be deleted;
(b) the following paragraph shall be added:
'4. Detailed rules for the application of paragraph 3 and, in particular, the conditions referred to in the second subparagraph thereof, shall be adopted in accordance with the procedure laid down in Article 83 of Regulation (EEC) No 822/87.`
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 September 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 December 1996. | [
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COUNCIL DECISION of 25 July 1988 adopting a multiannual research and training programme in the field of controlled thermonuclear fusion (88/448/Euratom)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
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) submitted after consultation of the Scientific and Technical Committee,
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3) Whereas the energy problem is common to all the Member States; whereas joint efforts to resolve this problem are likely to produce better results; whereas thermonuclear fusion is one possible solution to the energy problem in the longer term; whereas the rational use of all the different energy sources must be coordinated; whereas the Community must therefore continue to ensure optimum consistency in its efforts between Community activities in the various sectors of energy and energy research;
Whereas, by Decision 87/516/Euratom, EEC the Council adopted the framework programme for Community activities in the field of research and technological development (1987 to 1991)(4), which takes into account all the foregoing considerations;
Whereas thermonuclear fusion is a potential new source of energy using fuel which is virtually inexhaustible and universally accessible; whereas nuclear fusion is potentially a safe and environmentally benign energy source in a number of respects; whereas one of the principal objectives of the framework programme is to achieve controlled thermonuclear fusion and realize this potential in the process;
Whereas, in its Decision 85/201/Euratom(5), the Council adopted a research and training programme in the field of controlled thermonuclear fusion (1985 to 1989); whereas Article 3 of that Decision provides that the Commission will, based on a review to be carried out during the second year of that programme, submit to the Council in 1987 a proposal for revision aimed at replacing the 1985 to 1989 programme with a new programme; whereas Decision 85/201/Euratom should therefore be replaced;
Whereas, as a result of Decision 85/201/Euratom being replaced, approximately 30 million ECU of the sum estimated necessary for the preceding programme, exclusive of the JET (Joint European Torus) project set up under Decision 78/471/Euratom(6) as last amended by Decision 88/447/Euratom(7) and approximately 154 million ECU of the sum estimated necessary for the preceding programme for the JET project will not have been used; whereas these amounts can be assigned to the new programme; whereas such assignment, together with the fact that the programme embraces all work carried out in the Member States in this field, must be taken into account in determining the amounts estimated necessary for the execution of the new programme;
Whereas, in view of the extent of the effort needed to reach the stage of application of controlled thermonuclear fusion, which could be of benefit to the Community, the work hitherto undertaken in this field must continue on a joint basis at its various stages of development;
Whereas the research proposed by the Commission constitutes an adequate means of pursuing such actions and it is, consequently, in the common interest to adopt a multiannual programme in the field of controlled thermonuclear fusion, the existence of which is, moreover, necessary to enable the Community to participate in international cooperation in this field and in particular in the quadripartite International Thermonuclear Experimental Reactor (ITER) conceptual design activities;
Whereas the strategy on which the continuation of the programme is based should remain largely unchanged, namely:
-pursuit of a substantial programme oriented towards a demonstration reactor and based at present on the Tokamak concept, completion of the first stage of the programme formed by the JET propject with its extensions and by the full exploitation of the devices existing or under construction in the associations,
-continuation of the predesign of the second step of the Tokamak programme, the Next European Torus (NET) and pursuit of the technological developments necessary to its design and construction and of those needed in the longer term for the fusion reactor,
-investigation, depending on the resources available, of alternative confinement systems, concentrating on reversed field pinches and stellarators, and maintaining a keep-in-touch activity in the fields of laser fusion and muon-catalysed fusion subject to a periodic reassessment of their reactor potential compared with that of the Tokamak;
Whereas this strategy should take into account the potential environmental and safety-related advantages of fusion;
Whereas this strategy should be reviewed at the next programme revision aimed at replacing the present programme by a new multiannual programme on 1 January 1991; at the time of this revision, it would be appropriate to decide when to proceed to D-T operation on JET and when to start the detailed design of NET, taking into account the preliminary results of the ITER conceptual design activities;
Whereas the next review of the programme must be preceded by an independent evaluation of those components of the programme already being implemented and in appraisal of the environmental, safety-related and economic potential of fusion;
Whereas any future research programme at the Joint Research Centre (JRC) in the field of NET and fusion technology is not financially covered by this programme decision;
Whereas Sweden and Switzerland are associated with Community activities in the field of controlled thermonuclear fusion;
Whereas the Community should continue to encourage the construction of certain equipment related to projects having priority status, the support for JET and NET by the associations and certain developments in the field of fusion technology, by granting a preferential rate of participation in the expenditure of such projects;
Whereas the direct involvement of industry in the implementation of the programme, in particular with regard to NET and fusion technology, must be strengthened;
Whereas it is important to encourage those Member States without a fusion association to participate more actively in the fusion programme;
Whereas, furthermore, the mobility of staff between organisations cooperating in the execution of the programme should be promoted,
HAS ADOPTED THIS DECISION:
Article 1 A European Atomic Energy Community programme of research and training in the field of controlled thermonuclear fusion, as defined in the Annex, is hereby adopted for the period from 1 January 1988 to 31 March 1992.
Article 2 The funds estimated as being necessary for the Community contribution to the research and training programme in the field of controlled thermonuclear fusion for the period referred to in Article 1 amount to 735 million ECU.
The funds estimated as being necessary for the execution of the programme, exclusive of JET amount to 406 million ECU, including expenditure on a work force of 105 staff. The funds estimated as being necessary for JET during the duration of the programme amount to 329 million ECU including expenditure on a work force of 191 temporary employees within the meaning of Article 2 (a) of the conditions of employment of other servants of the European Communities.
Article 3 During the course of its third year, the Commission shall arrange for an independent evaluation of the programme, having regard to its objectives set out in the Annex and in conformity with Article 2 (2) of Decision 87/ 516/Euratom, EEC, and for an appraisal to be conducted of the environmental, safety-related and economic potential of fusion. On the basis of this evaluation and appraisal, the Commission shall submit to the Council in 1990 a proposal for revision designed to replace the present programme with a new multiannual programme with effect from 1 January 1991.
Article 4 For the implementation of the programme, the Commission shall be assisted by the consultative committee for the fusion programme set up by Council Decision of 16 December 1980, in its advisory capacity.
Article 5 Decision 85/201/Euratom is hereby repealed with effect from 1 January 1988.
However, amounts which are authorized under the relevant headings of the 1985, 1986 and 1987 budgets pursuant to Decision 85/201/Euratom and which on 1 January 1988 have not yet been committed or have been committed but not yet paid, will be used for the execution of the present programme.
Article 6 This Decision shall enter into force on 1 January 1988.
Article 7 This Decision is addressed to the Member States.
Done at Brussels, 25 July 1988. | [
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COMMISSION REGULATION (EC) No 493/2006
of 27 March 2006
laying down transitional measures within the framework of the reform of the common organisation of the markets in the sugar sector, and amending Regulations (EC) No 1265/2001 and (EC) No 314/2002
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 Article 44 thereof,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (2), and in particular Articles 7(5), 15(8) and 16(5) thereof,
Whereas:
(1)
The necessary measures should be taken to facilitate the transition in the sugar sector from the rules provided for in Regulation (EC) No 1260/2001 to the new regime established by Regulation (EC) No 318/2006.
(2)
Following the deletion of the obligation to export provided for in Article 13 of Regulation (EC) No 1260/2001, measures should be laid down to manage the quantities of sugar resulting from the disappearance of this obligation and of the C sugar arrangements from 1 July 2006. These measures should comply with the Community’s international obligations.
(3)
To improve management of the quantities of sugar produced in excess of the quota attributable to the 2005/2006 marketing year, undertakings should be allowed to carry forward some of these quantities to the 2006/2007 marketing year. To this end, it should be laid down that the carry forward in question is subject to the application of Commission Regulation (EEC) No 65/82 of 13 January 1982 laying down detailed rules for carrying forward sugar to the following marketing year (3), while allowing a certain degree of flexibility on the decision to carry forward in order to facilitate the transition between the existing regime and the new regime.
(4)
The quantity of non-quota sugar in the 2005/2006 marketing year, which may be neither carried over nor exported, should be considered to be non-quota sugar in the 2006/2007 marketing year in order to allow its disposal through the uses provided for in respect of this sugar by Regulation (EC) No 318/2006, as well as, taking into account the exceptional conditions of the transition between those marketing years, its use in animal feed.
(5)
For control purposes and, where applicable, the application of penalties, the proportion of C sugar production in the 2005/2006 marketing year not carried over and not considered to be in excess of the quota in the 2006/2007 marketing year should continue to be subject to the application of Commission Regulation (EEC) No 2670/81 of 14 September 1981 laying down detailed implementing rules in respect of sugar production in excess of the quota (4).
(6)
In order to improve the market balance in the Community without creating new stocks of sugar in the 2006/2007 marketing year, provision should be made for a transitional measure to reduce eligible production under quota in respect of that marketing year. A threshold should be fixed above which the production under quota of each undertaking is considered withdrawn within the meaning of Article 19 of Regulation (EC) No 318/2006 or, at the request of the undertaking, as production in excess of the quota within the meaning of Article 12 of that Regulation. In view of the transition between the two regimes, this threshold should be obtained by a combination, in equal parts, of the method laid down in Article 10 of Regulation (EC) No 1260/2001 and that laid down in Article 19 of Regulation (EC) No 318/2006 and take into account the special efforts made by some Member States within the framework of the restructuring fund set up by Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community and amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy (5).
(7)
In order to comply with the marketing conditions for the 2005/2006 marketing year, it should be laid down that the aid for disposal and additional aid for sugar produced in certain regions of the Community in the 2005/2006 marketing year and, within the limits of the quantities set by Commission Regulation (EC) No 180/2006 of 1 February 2006 (6), the refining aid for certain preferential sugars imported and refined in the 2005/2006 delivery period may continue to be paid beyond 30 June 2006. To this end, Commission Regulation (EC) No 1554/2001 of 30 July 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards marketing sugar produced in the French overseas departments and equalising the price conditions with preferential raw sugar (7) and Commission Regulation (EC) No 1646/2001 of 13 August 2001 laying down detailed implementing rules for the grant of adjustment aid to the preferential raw sugar refining industry and adjusting both the adjustment aid and additional basic aid for the sugar refining industry (8) should continue to apply to the granting of these aids. For the sugar concerned the refining of preferential sugars by certain refineries should continue to be limited and the control on presumed maximum supply needs should be maintained, and provision should be made for the continued application of Commission Regulation (EC) No 1460/2003 of 18 August 2003 setting for the 2003/2004 to 2005/2006 marketing years rules of application for Council Regulation (EC) No 1260/2001 as regards the presumed maximum raw sugar supply needs of refineries (9).
(8)
To carry out the calculation, fixing and collecting of production levies in the 2005/2006 marketing year, certain provisions of Commission Regulation (EC) No 314/2002 of 20 February 2002 laying down detailed rules for the application of the quota system in the sugar sector (10) and of Commission Regulation (EC) No 779/96 of 29 April 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1785/81 as regards communications in the sugar sector (11) should continue to apply beyond 30 June 2006. The levies are calculated on the basis of statistical data which are regularly updated. As it is the last time that levies are to be fixed for the entire period between the 2001/2002 marketing year and the 2005/2006 marketing year, without a subsequent possibility, as in previous years, to adjust the calculations on the basis of updated figures, the calculation should be deferred and the levies should be fixed on 15 February 2007 to guarantee the reliability of the calculations and the relevance of the statistical data used.
(9)
In order to ensure the supply to the chemical industry in the context of the transition between the existing regime and the new regime introduced on 1 July 2006, certain provisions of Commission Regulation (EC) No 1265/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards granting the production refund on certain sugar products used in the chemical industry (12) should continue to apply beyond 30 June 2006 to the refund certificates issued before that date. Since the new regime allows the use by the chemical industry of non-quota sugar, the period of validity of the export certificates should be reduced and the granting of the refund should be limited to the production under quota in the 2005/2006 marketing year.
(10)
Under Article 1(2) of Regulation (EC) No 318/2006, the period covered by the marketing year begins on 1 October and ends on 30 September of the following year. However, the 2005/2006 marketing year, as laid down by Regulation (EC) No 1260/2001, ends on 30 June 2006. The 2006/2007 marketing year therefore begins on 1 July 2006 and ends on 30 September 2007, and thus extends over 15 months. For the 2006/2007 marketing year, therefore, provision should be made for an increase in the quotas and the traditional refining requirements which previously corresponded to a 12-month period and which will, after this marketing year, again apply to a 12-month period, by taking the extra three months into account so as to ensure an allocation which corresponds to that of the preceding and subsequent marketing years. These transitional quotas should cover sugar production from the start of the 2006/2007 marketing year, from sugar beet sown before 1 January 2006.
(11)
Regulations (EC) No 314/2002 and (EC) No 1265/2001 should therefore be amended accordingly.
(12)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
CHAPTER I
TRANSITIONAL MEASURES
Article 1
Carrying forward of quotas
1. Notwithstanding Article 14 of Regulation (EC) No 1260/2001, and within the limits laid down in the second subparagraph of Article 2(1) of Regulation (EEC) No 65/82, each undertaking may decide by 31 October 2006 on the quantity of C sugar production attributable to the 2005/2006 marketing year that it is to carry forward to the 2006/2007 marketing year, or amend its decision made before the entry into force of this Regulation to carry forward a certain quantity.
2. Undertakings which make a decision to carry forward as referred to in paragraph 1, or which amend their decision, shall:
(a)
inform the Member State concerned, before 31 October 2006, of the quantity of sugar carried forward;
(b)
undertake to store the quantity carried forward until 31 October 2006.
3. Regulation (EEC) No 65/82 shall apply to B and C sugar from the 2005/2006 marketing year carried forward to the 2006/2007 marketing year.
4. Member States shall inform the Commission, not later than 30 November 2006 and for each undertaking, of the quantity of B and C sugar carried forward from the 2005/2006 marketing year to the 2006/2007 marketing year.
Article 2
C sugar
1. Without prejudice to decisions to carry forward taken in accordance with Article 1 of this Regulation, and to exports under licences issued in accordance with Article 4 of Commission Regulation (EC) No 1464/95 (13), C sugar from the 2005/2006 marketing year shall be considered to be non-quota sugar, as referred to in Article 12 of Regulation (EC) No 318/2006, produced in respect of the 2006/2007 marketing year.
2. Notwithstanding Article 15 of Regulation (EC) No 318/2006, the levy shall not be charged on the quantities of C sugar referred to in paragraph 1 of this Article which are used in animal feed under the same control conditions as those laid down by the Commission for the industrial sugar referred to in Article 13(2) of Regulation (EC) No 318/2006.
3. Regulation (EEC) No 2670/81 shall apply to C sugar production in the 2005/2006 marketing year, with the exception of the sugar carried forward or considered to be non-quota sugar in the 2006/2007 marketing year as referred to in paragraph 1 of this Article.
The minimum price for A sugar for the 2005/2006 marketing year shall apply to the beet equivalent to the quantity of sugar referred to in Article 3 of Regulation (EEC) No 2670/81.
Article 3
Preventive withdrawal
1. For each undertaking, the share of the production of sugar, isoglucose or inulin syrup in the 2006/2007 marketing year which is produced under the quotas listed in Annex III to Regulation (EC) No 318/2006 and which exceeds the threshold established in accordance with paragraph 2 of this Article shall be considered withdrawn within the meaning of Article 19 of that Regulation or, at the request of the undertaking concerned before 31 January 2007, shall be considered fully or partially to be produced in excess of the quota within the meaning of Article 12 of that Regulation.
2. For each undertaking, the threshold referred to in paragraph 1 shall be established by multiplying the quota allocated to the undertaking under Article 7(2) of Regulation (EC) No 318/2006 by the sum of the following coefficients:
(a)
the coefficient fixed for the Member State concerned in Annex I to this Regulation;
(b)
the coefficient obtained by dividing the sum of the quotas renounced in the 2006/2007 marketing year in the Member State concerned under Article 3 of Regulation (EC) No 320/2006 by the sum of the quotas fixed for that Member State in Annex III to Regulation (EC) No 318/2006. The Commission shall fix this coefficient not later than 15 October 2006.
However, where the sum of the coefficients exceeds 1,0000, the threshold shall be equal to the quota referred to in paragraph 1.
3. The minimum price applicable to the quantity of beet equivalent to the sugar production withdrawn in accordance with paragraph 1 shall be that of the 2007/2008 marketing year.
4. The obligation referred to in Article 6(5) of Regulation (EC) No 318/2006 shall concern the quantity of beet equivalent to the threshold referred to in paragraph 1 of this Article.
5. Before 1 July 2006, Member States shall send the Commission an estimate of the quantities of sugar, isoglucose and inulin syrup to be considered withdrawn under this Article.
Article 4
Aid for sugar produced in the French overseas departments
1. Aid for disposal and additional aid shall be granted to sugar produced under quota in the 2005/2006 marketing year in the French overseas departments, refined and/or transported between 1 July 2006 and 31 October 2006.
They shall apply to the quantities of sugar concerned, in replacement for the aids referred to in Articles 7(4) and 38(3) and (4) of Regulation (EC) No 1260/2001.
The aid for disposal shall concern:
-
refining in refineries in the European regions of the Community of the sugars produced in the French overseas departments, in particular on the basis of their output,
-
the transport of sugar produced in the French overseas departments to the European regions of the Community and, where appropriate, its storage in these departments.
2. Regulations (EC) No 1554/2001 and (EC) No 1646/2001 shall apply to the sugar produced under quota in the 2005/2006 marketing year for the aid for disposal and the additional aid referred to in paragraph 1 of this Article.
3. For the purposes of this Article, ‘refinery’ means a production unit whose sole activity consists in refining either raw sugar or syrups produced prior to the crystallising stage.
Article 5
Refining aid
1. Adjustment aid shall be granted to the industry refining preferential raw cane sugar imported under Protocol 3 on ACP sugar attached to Annex IV to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 (14), and refined in the 2005/2006 delivery period between 1 July 2006 and 30 September 2006.
This aid shall be paid to refineries. It shall apply to the quantities referred to in Regulation (EC) No 180/2006 and not refined by 1 July 2006, as a replacement for the aid referred to in Article 38(1), (2) and (4) of Regulation (EC) No 1260/2001.
2. Regulation (EC) No 1646/2001 shall apply to the preferential sugar refined in the 2005/2006 delivery period.
3. Except in cases of force majeure, where the presumed maximum supply needs for a Member State as laid down in Article 39(2) of Regulation (EC) No 1260/2001 are exceeded in the course of the 2005/2006 marketing year, a quantity corresponding to the excess shall be subject to the payment of an amount corresponding to the full rate of import duty in force for the marketing year in question, increased by EUR 115,40 per tonne of white sugar equivalent.
4. Regulation (EC) No 1460/2003 shall apply to control and, where appropriate, the consequences of exceeding the presumed maximum supply needs for the refining industries as referred to in paragraph 3 of this Article.
5. For the purposes of this Article, ‘refinery’ means a production unit whose sole activity consists in refining either raw sugar or syrups produced prior to the crystallising stage.
Article 6
Levies
Regulation (EC) No 314/2002, as amended by this Regulation, shall apply to the fixing and collecting of production levies in the 2005/2006 marketing year, including the corrections relating to the calculation of the levies in the 2001/2002, 2002/2003, 2003/2004 and 2004/2005 marketing years as laid down in Article 15(2) of Regulation (EC) No 1260/2001.
Article 7
Production refunds
Articles 1, 2, 3, 11, 14, 15, 17 18, 19, 20 and 21 of Regulation (EC) No 1265/2001, as amended by this Regulation, shall apply to the refund certificates issued until 30 June 2006.
Article 8
Notifications
Regulation (EC) No 779/96 shall apply until 30 September 2006.
Article 9
Transitional quotas
1. For the 2006/2007 marketing year, a transitional sugar quota of 497 780 tonnes shall be allocated to the Member States in accordance with the breakdown in part A of Annex II.
The quota referred to in the first subparagraph shall be reserved for sugar produced from beet sown before 1 January 2006. The minimum price of this beet, within the meaning of Article 5 of Regulation (EC) No 318/2006, shall be EUR 47,67 per tonne.
2. For the 2006/2007 marketing year, a transitional isoglucose quota of 126 921 tonnes of dry matter shall be allocated to the Member States in accordance with the breakdown in part B of Annex II.
3. For the 2006/2007 marketing year, a transitional inulin syrup quota of 80 180 tonnes of dry matter, expressed as white sugar/isoglucose equivalent, shall be allocated to the Member States in accordance with the breakdown in part C of Annex II.
4. The transitional quotas laid down in paragraphs 1, 2 and 3:
(a)
shall not be subject to the payment of the temporary restructuring amount provided for in Article 11(2) of Regulation (EC) No 320/2006;
(b)
may not benefit from the payment of the aid provided for in Regulation (EC) No 320/2006.
5. The Member States shall allocate transitional quotas, on the basis of objective criteria and in a manner ensuring equal treatment of producers and to avoid market and competition distortion, to undertakings producing sugar, isoglucose and inulin syrup established in their territory and approved in accordance with Article 17 of Regulation (EC) No 318/2006.
6. The Member States shall introduce a control system and shall take all the necessary steps to verify the production of the products referred to in paragraphs 1, 2 and 3, and in particular that the sugar corresponds to sugar beet sown before 1 January 2006.
The Member States shall communicate to the Commission, not later than 15 July 2006, the breakdown by undertaking of the transitional quotas allocated under this Article.
The Member States shall notify the Commission, not later than 31 December 2006, of the control measures taken and the results thereof.
Article 10
Traditional refining requirements
For the 2006/2007 marketing year, the traditional refining requirements referred to in Article 29(1) of Regulation (EC) No 318/2006 shall be increased by the quantities laid down in Annex III.
CHAPTER II
AMENDMENTS OF REGULATIONS (EC) NO 1265/2001 AND (EC) NO 314/2002
Article 11
Amendment of Regulation (EC) No 1265/2001
Regulation (EC) No 1265/2001 is hereby amended as follows:
1.
The following paragraph is added to Article 11:
‘5. At the request of the interested party, the competent authority of the Member State shall cancel refund certificates which have not been fully used and have not passed their final date of validity. The relevant security shall be released for the amount unused.
Member States shall inform the Commission at the end of each month of the quantity of refund certificates cancelled in the course of the previous month, broken down by month of issue of the refund certificate.’
2.
The following paragraph is added to Article 14:
‘3. The refund certificate shall be valid only for the basic products referred to in Article 1 which are produced under quota in the 2005/2006 marketing year or previous marketing years.’
3.
The following sentence is added to Article 15:
‘However, the refund certificates shall no longer be valid after 31 August 2006.’
4.
The following paragraph is added to Article 17:
‘3. Member States shall take the necessary additional steps to ensure the proper application of the provisions of Article 14(3).’
Article 12
Amendment of Regulation (EC) No 314/2002
Regulation (EC) No 314/2002 is hereby amended as follows:
1.
Article 4a(5) is deleted;
2.
The following sentence is added to the third subparagraph of Article 4c(1):
‘The notification for the 2005/2006 marketing year shall be made before 1 December 2006.’
3.
Article 8 is amended as follows:
(a)
The following subparagraph is added to paragraph 1:
‘In respect of the 2005/2006 marketing year, the amounts and the coefficients referred to in points (a) and (b) of the first subparagraph shall be fixed before 15 February 2007.’;
(b)
paragraph 2 is amended as follows:
(i)
the following sentence is added to the first subparagraph:
‘For the 2005/2006 marketing year, these balances shall be determined before 28 February 2007.’;
(ii)
the following sentence is added to the second subparagraph:
‘For the 2005/2006 marketing year, this payment shall be made before 15 April 2007.’
CHAPTER III
FINAL PROVISION
Article 13
Entry into force
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 July 2006. However, Articles 1, 3, 11(3) and 12(1) shall apply from the date of its entry into force.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 March 2006. | [
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COMMISSION REGULATION (EC) No 1823/1999
of 20 August 1999
determining the sensitive production areas and/or the groups of high-quality varieties exempt from application of the quota buyback programme in raw tobacco
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco(1), as last amended by Regulation (EC) No 660/1999(2), and in particular Article 14a thereof,
(1) Whereas, pursuant to Article 34(2) of Commission Regulation (EC) No 2848/98 of 22 December 1998 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the premium scheme, production quotas and the specific aid to be granted to producer groups in the raw tobacco sector(3), as last amended by Regulation (EC) No 1373/1999(4), the Commission must determine, on the basis of proposals from the Member States, which sensitive production areas and/or groups of high-quality varieties, up to a maximum of 25 % of each Member State's guarantee threshold, are to be exempt from application of the quota buyback programme;
(2) Whereas, at the request of certain Member States, these groups of high-quality varieties should be determined;
(3) Whereas, because Article 35(2) of Regulation (EC) No 2848/98 stipulates that the Member State must make publics its intention to sell from 1 September so that other producers may buy the quota before it is actually bought back, this Regulation must apply from 31 August 1999,
HAS ADOPTED THIS REGULATION:
Article 1
The quantities of groups of high-quality varieties exempt from quota buyback for the 1999 harvest are as follows:
TABLE
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 31 August 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 August 1999. | [
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*****
COMMISSION REGULATION (EEC) No 940/90
of 11 April 1990
reintroducing the levying of the customs duties applicable to reception apparatus of CN codes 8527, 8528 and 8529 originating in China to which the preferential arrangements of Council Regulation (EEC) No 3896/89 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3896/89 of 18 December 1989 applying generalized tariff preferences for 1990 in respect of certain industrial products originating in developing countries (1), and in particular Article 9 thereof,
Whereas, in pursuance of Articles 1 and 6 Regulation (EEC) No 3896/89, suspension of customs duties is accorded to each of the countries or territories listed in Annex III other than those listed in column 4 of Annex I, within the framework of the preferential tariff ceilings fixed in column 6 of Annex I;
Whereas Article 7 of Regulation (EEC) No 3896/89 provides that the levying of customs duties on imports of the products in question originating in each of the countries and territories concerned may at any time be reintroduced as soon as the individual ceilings in question are reached at Community level;
Whereas, in the case of reception apparatus, of CN codes 8527, 8528 and 8529 originating in China the individual ceiling amounts to ECU 4 200 000, whereas that ceiling was reached on 31 January 1990, by charges of imports into the Community of the products in question originating in China; whereas, it is appropriate to reintroduce the levying of customs duties for the products in question with regard to China,
HAS ADOPTED THIS REGULATION:
Article 1
As from 1990, the levying of customs duties, suspended in pursuance of Council Regulation (EEC) No 3896/89, shall be reintroduced on imports into the Community of the following products, originating in China:
1.2.3 // // // // Order No // CN code // Description // // // // 10.1060 // 8527 11 10 8527 11 90 8527 21 10 8527 21 90 8527 29 00 8527 31 10 8527 31 91 8527 31 99 // Reception apparatus for radio-telephony, radio-telegraphy or radio-broadcasting, whether or not combined in the same housing with recording or reproducing apparatus or a clock // // 8527 32 90 8527 39 10 8527 39 91 8527 39 99 8527 90 91 8527 90 99 // // // 8528 10 61 8528 10 69 8528 10 80 8528 10 91 8528 10 98 8528 20 20 8528 20 71 8528 20 73 8528 20 79 8528 20 91 8528 20 99 // Television receivers (including video monitors and video projectors), whether or not combined in the same housing, with radio-broadcast receivers or sound or video recording or reproduction apparatus, excluding video recording or reproducing apparatus incorporating a video tuner and goods of subheadings 8528 10 50, 8528 10 71, 8528 10 73, 8528 10 79 // // 8529 10 20 8529 10 31 8529 10 39 8529 10 40 8529 10 50
// // // // (1) OJ No L 383, 30. 12. 1989, p. 1.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 380/2007
of 4 April 2007
establishing that certain limits for issuing import licences for sugar products under tariff quotas and preferential agreements are no longer reached
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),
Having regard to Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/07, 2007/08 and 2008/09 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements (2), and in particular Article 5(4) thereof,
Whereas:
(1)
The records referred to in Article 5(2) of Regulation (EC) No 950/2006 show that quantities of sugar are still available for the obligations laid down under Article 24 of Regulation (EC) No 950/2006 bearing the serial number 09.4318.
(2)
Under these circumstances, the Commission must indicate that the limits concerned are no longer reached,
HAS ADOPTED THIS REGULATION:
Article 1
The limits for the obligations laid down under Article 24 of Regulation (EC) No 950/2006 bearing the serial number 09.4318 are no longer reached.
Article 2
This Regulation shall enter into force on 6 April 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 573/96 of 29 March 1996 amending Regulation (EC) No 1600/95 laying down detailed rules for the application of the import arrangements and opening tariff quotas for milk and milk products and amending Regulation (EC) No 1474/95 opening and providing for the administration of the tariff quotas in the egg sector and for egg albumin resulting from the Agreements concluded during the Uruguay Round of multilateral trade negotiations
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 Commission Regulation (EC) No 2931/95 (2), and in particular Article 16, paragraph 4 thereof,
Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975, on the common organization of the market in eggs (3), as last amended by Commission Regulation (EC) No 2916/95 (4), and in particular Article 6, paragraph 1 thereof,
Having regard to Council Regulation (EEC) No 2783/75 of 29 October 1975 on the common system of trade for ovalbumin and lactalbumin (5), as last amended by Regulation (EC) No 2916/95, and in particular Article 4, paragraph 1 thereof,
Whereas Commission Regulation (EC) No 1600/95 of 30 June 1995 laying down detailed rules for the application of the import arrangements and opening tariff quotas for milk and milk products (6), as last amended by Regulation (EC) No 388/96 (7) provides in Article 14 that licence applications in the framework of non-country-specific tariff quotas shall be lodged within the first 10 days of every quarterly period;
Whereas the Agreements that are concluded by the Community in the framework of the Article XXIV.6 GATT negotiations (8), will result in a reduction of the quantities that may be imported under some of these quotas in the present quota year; whereas it is appropriate in order to avoid exceeding these quotas to postpone the date for submission of licence applications for the fourth quarter until such date as the quantities have been finally established; whereas it is therefore necessary to amend Article 14 of Regulation (EC) No 1600/95;
Whereas Commission Regulation (EC) No 1474/95 of 28 June 1995 opening and providing for the administration of the tariff quotas in the egg sector and for egg albumin resulting from the Agreements concluded during the Uruguay Round of multilateral trade negotiations (9), as amended by Regulation (EC) No 2916/95, provides in Article 5 that applications for import licences shall be submitted within a period of 10 days commencing on 1 April 1996; whereas the considerations set out above should equally lead to a postponement of this delay until such time as the quantities resulting from the Article XXIV.6 GATT negotiations have been finally established; whereas it is therefore necessary to amend Article 5 of the said Regulation;
Whereas the measures provided for by this Regulation are in conformity with the opinions expressed by the Management Committee for Milk and Milk Products and the Management Committee for Eggs and Poultrymeat,
HAS ADOPTED THIS REGULATION:
Article 1
1. The following sentence is added to Article 14 (1) of Regulation (EC) No 1600/95:
'However, for the quarter from 1 April to 30 June 1996, licence applications may only be submitted during the period of 10 days starting on 15 May.`
2. The following sentence is added to Article 5 (1) of Regulation (EC) No 1474/95:
'However, for the quarter from 1 April to 30 June 1996, the licence applications may only be lodged during the period of 10 days starting on 15 May 1996.`
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 March 1996. | [
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COUNCIL DIRECTIVE of 18 December 1978 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (78/1026/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 49, 57, 66 and 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, pursuant to the Treaty, all discriminatory treatment based on nationality with regard to establishment and provision of services is prohibited as from the end of the transitional period ; whereas the principle of such treatment based on nationality applies in particular to the grant of any authorization required to practise as a veterinary surgeon and also to the registration with or membership of professional organizations or bodies;
Whereas it nevertheless seems desirable that certain provisions be introduced to facilitate the effective exercise of the right of establishment and freedom to provide services in respect of the activities of veterinary surgeons;
Whereas, pursuant to the Treaty, the Member States are required not to grant any form of aid likely to distort the conditions of establishment;
Whereas Article 57 (1) of the Treaty provides that Directives be issued for mutual recognition of diplomas, certificates and other evidence of formal qualifications ; whereas the aim of this Directive is the recognition of diplomas, certificates and other evidence of formal qualifications whereby activities in the field of veterinary medicine may be taken up and pursued;
Whereas, in view of the differences between the Member States regarding the nature and duration of the training of veterinary surgeons, certain coordinating provisions designed to enable Member States to proceed with the mutual recognition of diplomas, certificates and other evidence of formal qualifications should be laid down ; whereas such coordination has been effected by Council Directive 78/1027/EEC of 18 December 1978 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of veterinary surgeons (4);
Whereas, with regard to the possession of a formal certificate of training, since a Directive on the mutual recognition of diplomas does not necessarily imply equivalence in the training covered by such diplomas, the use of such qualifications should be authorized only in the language of the Member State of origin or of the Member State from which the foreign national comes;
Whereas, to facilitate the application of this Directive by the national authorities, Member States may prescribe that, in addition to formal certificates of training, the person who satisfies the conditions of training required by this Directive must provide a certificate from the competent authorities of his country of origin or of (1)OJ No C 92, 20.7.1970, p. 18. (2)OJ No C 19, 28.2.1972, p. 10. (3)OJ No C 60, 14.6.1971, p. 3. (4)See page 7 of this Official Journal.
the country from which he comes stating that these certificates of training are those covered by the Directive;
Whereas, in the case of the provision of services, the requirement of registration with or membership of professional organizations or bodies, since it is related to the fixed and permanent nature of the activity pursued in the host country, would undoubtedly constitute an obstacle to the person wishing to provide the service, by reason of the temporary nature of his activity ; whereas this requirement should therefore be abolished ; whereas, however, in this event, control over professional discipline, which is the responsibility of these professional organizations or bodies, should be guaranteed ; whereas, to this end, it should be provided, subject to the application of Article 62 of the Treaty, that the person concerned may be required to submit to the competent authority of the host Member State particulars relating to the provision of services;
Whereas, with regard to the requirements relating to good character and good repute, a distinction should be drawn between the requirements to be satisfied on first taking up the profession and those to be satisfied in order to practise it;
Whereas, as far as the activities of employed veterinary surgeons are concerned, Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1) lays down no specific provisions relating to good character or good repute, professional discipline or use of title for the professions covered ; whereas, depending on the individual Member State, such rules are or may be applicable both to employed and self-employed persons ; whereas the activities of veterinary surgeons are subject in all Member States to possession of a diploma, certificate or other evidence of formal qualification as a veterinary surgeon ; whereas such activities are pursued by both employed and self-employed persons or by the same persons in both capacities in the course of their professional career ; whereas, in order to encourage as far as possible the free movement of those professional persons within the Community, it therefore appears necessary to extend this Directive to employed veterinary surgeons,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I SCOPE
Article 1
This Directive shall apply to the activities of veterinary surgeons.
CHAPTER II DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN VETERINARY MEDICINE
Article 2
Each Member State shall recognize the diplomas, certificates and other evidence of formal qualifications awarded to nationals of Member States by the other Member States in accordance with Article 1 of Directive 78/1027/EEC and which are listed in Article 3, by giving such qualifications, as far as the right to take up and pursue the activities of a veterinary surgeon is concerned, the same effect in its territory as those which the Member State itself awards.
Where a diploma, certificate or other evidence of formal qualifications as listed in Article 3 was issued before the implementation of this Directive, it shall be accompanied by a certificate from the competent authorities of the issuing country stating that it complies with Article 1 of Directive 78/1027/EEC.
Article 3
The diplomas, certificates and other evidence of formal qualifications referred to in Article 2 are as follows: (a) in Germany 1. Zeugnis über die tierärztliche Staatsprüfung (the State examination certificate in veterinary medicine) awarded by the competent authorities;
2. the certificates from the competent authorities of the Federal Republic of Germany stating that the diplomas awarded after 8 May 1945 by the competent authorities of the German Democratic Republic are recognized as equivalent to that listed in point 1 above;
(b) in Belgium
le diplôme légal de docteur en médecine vétérinaire - het wettelijke diploma van doctor in de veeartsenijkunde of doctor in de diergeneeskunde (diploma of doctor of veterinary medicine, required by law) awarded by the State Universities, the Central Examining Board, or the State University Education Examining Boards;
(c) in Denmark
bevis for bestået kandidateksamen i veterinaervidenskab (cand. med. vet.) (the certificate proving the passing of the examination for candidates in veterinary medicine) awarded by the "Kongelige Veterinaer- og Landbohøjskole";
(d) in France
le diplôme de docteur vétérinaire d'État (State degree in veterinary medicine);
(e) in Ireland 1. the degree of Bachelor in/of Veterinary Medicine (MVB); (1)OJ No L 257, 19.10.1968, p. 2.
2. the diploma of membership of the Royal College of Veterinary Surgeons (MRCVS) gained by examination after a full course of study at a veterinary school in Ireland;
(f) in Italy
il diploma di laurea di dottore in medicina veterinaria accompagnato dal diploma d'abilitazione all'esercizio della medicina veterinaria awarded by the Minister of Education on the basis of the findings of the competent State Examining Board;
(g) in Luxembourg 1. le diplôme d'État de docteur en médecine vétérinaire (the State diploma in veterinary medicine) awarded by the State Examining Board and endorsed by the Minister of Education;
2. diplomas conferring a higher education degree in veterinary medicine awarded in one of the countries of the Community and giving the right to take up training but not to practise the profession, and officially recognized by the Minister of Education in accordance with the law of 18 June 1969 on higher education and recognition of foreign degrees and diplomas, together with the certificate of practical training endorsed by the Minister of Public Health;
(h) in the Netherlands 1. het getuigschrift van met goed gevolg afgelegd diergeneeskundig examen (certificate proving the passing of the examination in veterinary medicine);
2. het getuigschrift van met goed gevolg afgelegd veeartsenijkundig examen (certificate proving the passing of the examination in veterinary medicine);
(i) in the United Kingdom
the degrees: - Bachelor of Veterinary Science (BVSc.),
- Bachelor of Veterinary Medicine (Vet.MB or BVet.Med.),
- Bachelor of Veterinary Medicine and Surgery (BVM and S or BVMS),
- the diploma of membership of the Royal College of Veterinary Surgeons (MRCVS) gained by examination after a full course of study at a veterinary school in the United Kingdom.
CHAPTER III EXISTING CIRCUMSTANCES
Article 4
In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications do not satisfy all the minimum training requirements laid down in Article 1 of Directive 78/1027/EEC, each Member State shall recognize, as being sufficient proof, the diplomas, certificates and other evidence of formal qualifications in veterinary medicine awarded by those Member States before the implementation of Directive 78/1027/EEC, accompanied by a certificate stating that those nationals have effectively and lawfully been engaged in the activities in question for at least three consecutive years during the five years prior to the date of issue of the certificate.
CHAPTER IV USE OF ACADEMIC TITLE
Article 5
1. Without prejudice to Article 13, host Member States shall ensure that the nationals of Member States who fulfil the conditions laid down in Articles 2 and 4 have the right to use the lawful academic title or, where appropriate, the abbreviation thereof, of their Member State of origin or of the Member State from which they come, in the language of that State. Host Member States may require this title to be followed by the name and location of the establishment or examining board which awarded it.
2. If the academic title used in the Member State of origin, or in the Member State from which a foreign national comes, can be confused in the host Member State with a title requiring in that State additional training which the person concerned has not undergone, the host Member State may require such person to use the title employed in the Member State of origin or the Member State from which he comes in suitable wording to be indicated by the host Member State.
CHAPTER V PROVISIONS TO FACILITATE THE EFFECTIVE EXERCISE OF THE RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES IN RESPECT OF THE ACTIVITIES OF VETERINARY SURGEONS
A. Provisions specifically relating to the right of establishment
Article 6
1. A host Member State which requires of its nationals proof of good character or good repute when they take up for the first time the activities referred to in Article 1 shall accept as sufficient evidence, in respect of nationals of other Member States, a certificate issued by a competent authority in the Member State of origin or in the Member State from which the foreign national comes attesting that the requirements of the Member State as to good character or good repute for taking up the activities in question have been met.
2. Where the Member State of origin or the Member State from which the foreign national comes does not require proof of good character or good repute of persons wishing to take up the activities in question for the first time, the host Member State may require of nationals of the Member State of origin or of the Member State from which the foreign national comes an extract from the "judicial record" or, failing this, an equivalent document issued by a competent authority in the Member State of origin or the Member State from which the foreign national comes.
3. If the host Member State has detailed knowledge of a serious matter which has occurred outside its territory and which is likely to affect the taking up within its territory of the activities concerned, it may inform the Member State of origin or the Member State from which the foreign national comes.
The Member State of origin or the Member State from which the foreign national comes shall verify the accuracy of the facts. The authorities in that State shall themselves decide on the nature and extent of the investigation to be made and shall inform the host Member State of any consequential action which they take with regard to the certificates or documents they have issued.
4. Member States shall ensure the confidentiality of the information which is forwarded.
Article 7
1. Where, in a host Member State, provisions laid down by law, regulation or administrative action are in force laying down requirements as to good character or good repute, including provisions for disciplinary action in respect of serious professional misconduct or conviction for criminal offences and relating to the pursuit of the activities referred to in Article 1, the Member State of origin or the Member State from which the foreign national comes shall forward to the host Member State all necessary information regarding measures or disciplinary action of a professional or administrative nature taken in respect of the person concerned, or criminal penalties imposed on him when pursuing his profession in the Member State of origin or in the Member State from which he came.
2. If the host Member State has detailed knowledge of a serious matter which has occurred outside its territory and which is likely to affect the pursuit within its territory of the activities concerned, it may inform the Member State of origin or the Member State from which the foreign national comes.
The Member State of origin or the Member State from which the foreign national comes shall verify the accuracy of the facts. The authorities in that State shall themselves decide on the nature and extent of the investigation to be made and shall inform the host Member State of any consequential action which they take with regard to the information they have forwarded in accordance with paragraph 1.
3. Member States shall ensure the confidentiality of the information which is forwarded.
Article 8
Where a host Member State requires of its own nationals wishing to take up or pursue the activities referred to in Article 1, a certificate of physical or mental health, that State shall accept as sufficient evidence thereof the presentation of the document required in the Member State of origin or the Member State from which the foreign national comes.
Where the Member State of origin or the Member State from which the foreign national comes does not impose any requirements of this nature on those wishing to take up or pursue the activities in question, the host Member State shall accept from such national a certificate issued by a competent authority in that State corresponding to the certificates issued in the host Member State.
Article 9
The documents referred to in Articles 6, 7 and 8 may not be presented more than three months after their date of issue.
Article 10
1. The procedure for authorizing the person concerned to take up the activities referred to in Article 1, in accordance with Articles 6, 7 and 8, must be completed as soon as possible and not later than three months after presentation of all the documents relating to such person, without prejudice to delays resulting from any appeal that may be made upon termination of this procedure.
2. In the cases referred to in Articles 6 (3) and 7 (2), a request for re-examination shall suspend the period laid down in paragraph 1.
The Member State consulted shall give its reply within a period of three months. If it does not, the host Member State may take action in consequence of its detailed knowledge of the serious matter involved.
On receipt of the reply or at the end of the period the host Member State shall continue with the procedure referred to in paragraph 1.
Article 11
Where a host Member State requires its own nationals wishing to take up or pursue the activities referred to in Article 1 to take an oath or make a solemn declaration and where the form of such oath or declaration cannot be used by nationals of other Member States, that Member State shall ensure that an appropriate and equivalent form of oath or declaration is offered to the person concerned.
B. Special provisions relating to the provision of services
Article 12
1. Where a Member State requires of its own nationals wishing to take up or pursue the activities referred to in Article 1, an authorization or membership of, or registration with, a professional organization or body, that Member State shall in the case of the provision of services exempt the nationals of Member States from that requirement.
The person concerned shall provide services with the same rights and obligations as the nationals of the host Member State ; in particular he shall be subject to the rules of conduct of a professional or administrative nature which apply in that Member State.
For this purpose and in addition to the declaration provided for in paragraph 2 relating to the services to be provided, Member States may, so as to permit the implementation of the provisions relating to professional conduct in force in their territory, require either automatic temporary registration or pro forma membership of a professional organization or body or, in the alternative, registration in a register, provided that such registration or membership does not delay or in any way complicate the provision of services or impose any additional costs on the person providing the services.
Where a host Member State adopts a measure pursuant to the second subparagraph or becomes aware of facts which run counter to these provisions, it shall forthwith inform the Member State where the person concerned is established.
2. The host Member State may require the person concerned to make a prior declaration to the competent authorities concerning the provision of his services where they involve a temporary stay in its territory. The host Member State may in all cases require a veterinary surgeon established in another Member State to supply a prior declaration of provision of services in the form of a prescription or of veterinary certificates not involving the examination of animals, provided such practice is permissible under the legal and administrative provisions and professional rules applied in the host State.
The host Member State requiring such prior declaration shall take the steps necessary to provide the possibility that the declaration is made, where appropriate, for a series of services provided within one and the same region and in respect of one or more recipients within a given period of not more than one year.
In urgent cases this declaration may be made as soon as possible after the services have been provided.
3. Pursuant to paragraphs 1 and 2, the host Member State may require the person concerned to supply one or more documents containing the following particulars: - the declaration referred to in paragraph 2,
- a certificate stating that the person concerned is lawfully pursuing the activities in question in the Member State where he is established,
- a certificate that the person concerned holds one or other of the diplomas, certificates or other evidence of formal qualification appropriate for the provision of the services in question and referred to in this Directive.
4. The document or documents specified in paragraph 3 may not be produced more than 12 months after their date of issue.
5. Where a Member State temporarily or permanently deprives, in whole or in part, one of its nationals or a national of another Member State established in its territory of the right to pursue one of the activities referred to in Article 1, it shall, as appropriate, ensure the temporary or permanent withdrawal of the certificate referred to in the second indent of paragraph 3.
C. Provisions common to the right of establishment and freedom to provide services
Article 13
Where in a host Member State the use of the professional title relating to the activities referred to in Article 1 is subject to rules, nationals of other Member States who fulfil the conditions laid down in Articles 2 and 4 shall use the professional title of the host Member State which, in that State, corresponds to those conditions of qualification and shall use the abbreviated title.
Article 14
1. Member States shall take the necessary measures to enable the persons concerned to obtain information on veterinary legislation and, where applicable, on professional ethics by the host Member State.
For this purpose, Member States may set up information centres from which such persons may obtain the necessary information. In the case of establishment, the host Member States may require the persons concerned to contact these centres.
2. Member States may set up the centres referred to in paragraph 1 within the competent authorities and bodies which they must designate within the period laid down in Article 18 (1).
3. Member States shall see to it that, where appropriate, the persons concerned acquire, in their interest and in that of their clients, the linguistic knowledge necessary for the pursuit of their profession in the host Member State.
CHAPTER VI FINAL PROVISIONS
Article 15
When it has ground for doubt, the host Member State may require of the competent authorities of another Member State confirmation of the authenticity of the diplomas, certificates and other evidence of formal qualifications awarded in that other Member State and referred to in Chapter II and also confirmation of the fact that the person concerned has fulfilled all the training requirements laid down in Directive 78/1027/EEC.
Article 16
Within the time limit laid down in Article 18 (1), Member States shall designate the authorities and bodies competent to award or receive the diplomas, certificates and other evidence of formal qualifications as well as the documents and information referred to in this Directive and shall forthwith inform the other Member States and the Commission thereof.
Article 17
This Directive shall also apply to nationals of Member States who, in accordance with Regulation (EEC) No 1612/68, are pursuing or will pursue as employed persons the activities referred to in Article 1.
Article 18
1. Member States shall bring into force the measures necessary to comply with this Directive within two years of its notification and shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 19
This Directive is addressed to the Member States.
Done at Brussels, 18 December 1978. | [
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Commission Regulation (EC) No 592/2002
of 5 April 2002
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1498/98(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 6 April 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 April 2002. | [
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COUNCIL REGULATION (EEC) No 2242/88 of 19 July 1988 amending Regulation (EEC) No 426/86 on the common organization of the market in products processed from fruit and vegetables
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas Article 2 of Regulation (EEC) No 426/86(4), as last amended by Regulation (EEC) No 3909/87(5), lays down a system of production aid applicable to certain varieties of dried grapes;
Whereas the disposal of dried grapes of the Moscatel varieties is liable to be disturbed in Spain and Portugal by competition from sultanas and currants qualifying for production aid in the Community; whereas provision should accordingly be made for their inclusion in the system of aid under the market organization for products processed from fruit and vegetables;
Whereas, with a view to concentrating supply for the sound management of production, provision should accordingly be made for contracts relating to the supply of the raw material to be drawn up in principle between recognized producers' groups or associations thereof and processors or processors' groups or associations thereof;
Whereas account should also be taken, for dried grapes of the Moscatel varieties, of commercial practices in force for the other varieties of dried grapes qualifying for aid,
according to which part of production must be discarded so that the finished product is of satisfactory quality having regard to its specific characteristics; whereas provision should accordingly also be made, for such processed dried grapes, for the determination of an adequate percentage taking account of quantities not to be processed,
HAS ADOPTED THIS REGULATION:
Article 1 Regulation (EEC) No 426/86 is hereby amended as follows:
1.the following paragraph is inserted in Article 3:
´2.(a) In the case of dried grapes of the Moscatel varieties, the contracts referred to in paragraph 1 shall in principle be concluded between recognized producers' groups or associations thereof and processors or processors' groups and associations thereof.'.
2.Article 6 (2) is replaced by the following:
´2. In the case of sultanas, currants and dried grapes of the Moscatel varieties, the aid shall be paid only to processors who have not processed and subsequently do not process for commercial purposes a quantity of dried grapes of those varieties equal to a percentage, to be determined, of the quantities purchased. Such quantities not processed shall not be eligible for aid.'.
3.in part A of Annex I, ´ex 0806 20 Sultanas and currants' is replaced by ´ex 0806 20 Sultanas, currants and dried grapes of the Moscatel varieties.' Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 July 1988. | [
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COUNCIL REGULATION (EEC) No 3588/88 of 8 November 1988 opening and providing for the administration of a Community tariff quota for certain oils and fats of marine animals originating in Norway (1989)
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 an Agreement between the European Economic Community and the Kingdom of Norway was concluded on 14 May 1973; whereas, following the accession of Spain and Portugal to the Community, an Agreement in the form of an Exchange of Letters was concluded and approved by Decision 86/557/EEC (1);
Whereas the said Agreement provides in particular for the opening of a Community tariff quota at a reduced rate of duty for certain oils and fats of marine animals, other than whale oil and sperm oil, originating in Norway; whereas, therefore, the tariff quota in question should be opened for the period 1 January to 31 December 1989;
Whereas it is necessary, in particular, to ensure to all Community importers equal and uninterrupted access to the quota and consistent application of the rate laid down for that quota to all imports of the products concerned into all Member States until the quota has been used up; whereas,
however, since the quota is to cover requirements which cannot be determined with sufficient accuracy, it should not be allocated among the Member States, without prejudice to the drawing against the quota volume of such quantities as they may need, under the conditions and according to a procedure to be determined; whereas this method of management 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 quota is used up and inform the Member States thereof;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, all transactions concerning the administration of shares allocated to that economic union may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1 1. From 1 January to 31 December 1989 the customs duty applicable to imports of the following products shall be suspended at the level and within the limits of a Community tariff quota as shown herewith:
Order No CN code Description Amount of tariff quota (tonnes) Rate of duty (%) 09.0701 ex 1504 20 10 ex 1504 30 19 ex 1516 10 90 Oils and fats of marine animals, other than whale oil and sperm oil, in packings of a net capacity of more than 1 kg originating in Norway 1 000 8,5 Within the limits of this tariff quota, the Kingdom of Spain and the Portuguese Republic shall apply duties calculated in accordance with the relevant provisions laid down by the 1985 Act of Accession.
2. The Protocol on the definition of the concept of originating products and on methods of administrative cooperation, annexed to the Agreement between the European Economic Community and the Kingdom of Norway shall be applicable.
3. If imports of products covered by this tariff quota are made, or are foreseen within a maximum of 14 calendar days, the Member State concerned shall notify the Commission and draw an amount corresponding to these requirements to the extent that the available balance of the quota so permits.
If a Member State does not use up the quantities drawn within the said 14 days, it shall return the remaining unused portion as soon as possible, by telex addressed to the Commission.
Article 2 1. Member States shall take all appropriate measures to ensure that their drawings pursuant to Article 1 (3) enable imports to be charged without interruption against their accumulated shares of the Community quota.
2. Each Member State shall ensure that importers of the product concerned have free access to the quota for such time as the residual balance of the quota volume so permits.
3. Member States shall charge imports of the said goods against their drawings as and when the goods are entered with the customs authorities.
4. The extent to which the quota has been used up shall be determined on the basis of the imports charged in accordance with paragraph 3.
Article 3 At the request of the Commission, Member States shall inform it of imports actually charged against the quota.
Article 4 Member States and the Commission shall collaborate closely in order to ensure that this Regulation is complied with.
Article 5 This Regulation shall enter into force on 1 January 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 November 1988. | [
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COMMISSION REGULATION (EC) No 1776/2004
of 14 October 2004
fixing, for the 2003/04 marketing year, the amount to be paid by sugar manufacturers to beet sellers in respect of the difference between the maximum amount of the B levy and the amount of that levy to be charged
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular Article 18(5) thereof,
Whereas:
(1)
Article 18(2) of Regulation (EC) No 1260/2001 provides that when the amount of the B levy is less than the maximum amount referred to in Article 15(4) of that Regulation, revised where necessary in accordance with paragraph 5 of that Article, sugar manufacturers must pay beet sellers 60 % of the difference between the maximum amount of the levy in question and the amount of the levy to be charged. Article 9(1) of Commission Regulation (EC) No 314/2002 of 20 February 2002 laying down detailed rules for the application of the quota system in the sugar sector (2) provides that the amount to be paid should be fixed at the same time as the production levies and in accordance with the same procedure.
(2)
For the 2003/04 marketing year, Commission Regulation (EC) No 1430/2004 (3) sets the maximum amount of the B levy at 37,5 % of the intervention price for white sugar and Commission Regulation (EC) No 1775/2004 (4) fixes the amount of the B levy for sugar to be charged for the said marketing year at 27,050 % of the intervention price for white sugar. This difference requires, in accordance with Article 18(2) of Regulation (EC) No 1260/2001, that the amount to be paid by sugar manufacturers to beet sellers should be fixed per tonne of beet of standard quality.
(3)
The Management Committee for Sugar has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The amount referred to in Article 18(2) of Regulation (EC) No 1260/2001 to be paid by sugar manufacturers to beet sellers in respect of the B levy shall be fixed for the 2003/04 marketing year at EUR 5,151 per tonne of beet of standard quality.
Article 2
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.
Done at Brussels, 14 October 2004. | [
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COMMISSION REGULATION (EC) Νo 1434/2006
of 28 September 2006
fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,
Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (2), and in particular Article 14(3) thereof,
Whereas:
(1)
Article 13 of Regulation (EC) No 1784/2003 and Article 14 of Regulation (EC) No 1785/2003 provide that the difference between quotations or prices on the world market for the products listed in Article 1 of those Regulations and prices for those products within the Community may be covered by an export refund.
(2)
Article 14 of Regulation (EC) No 1785/2003 provides that when refunds are being fixed account must be taken of the existing situation and the future trend with regard to prices and availabilities of cereals, rice and broken rice on the Community market on the one hand and prices for cereals, rice, broken rice and cereal products on the world market on the other. The same Articles provide that it is also important to ensure equilibrium and the natural development of prices and trade on the markets in cereals and rice and, furthermore, to take into account the economic aspect of the proposed exports, and the need to avoid disturbances on the Community market.
(3)
Article 4 of Commission Regulation (EC) No 1518/95 (3) on the import and export system for products processed from cereals and from rice defines the specific criteria to be taken into account when the refund on these products is being calculated.
(4)
The refund to be granted in respect of certain processed products should be graduated on the basis of the ash, crude fibre, tegument, protein, fat and starch content of the individual product concerned, this content being a particularly good indicator of the quantity of basic product actually incorporated in the processed product.
(5)
There is no need at present to fix an export refund for manioc, other tropical roots and tubers or flours obtained therefrom, given the economic aspect of potential exports and in particular the nature and origin of these products. For certain products processed from cereals, the insignificance of Community participation in world trade makes it unnecessary to fix an export refund at the present time.
(6)
The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.
(7)
The refund must be fixed once a month. It may be altered in the intervening period.
(8)
Certain processed maize products may undergo a heat treatment following which a refund might be granted that does not correspond to the quality of the product; whereas it should therefore be specified that on these products, containing pregelatinised starch, no export refund is to be granted.
(9)
The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1 of Regulation (EC) No 1518/95 are hereby fixed as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 29 September 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 September 2006. | [
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COUNCIL DECISION
of 30 May 2005
appointing an Austrian alternate member to the Committee of the Regions
(2005/473/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
Having regard to the proposal from the Austrian Government,
Whereas:
(1)
On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions for the period 26 January 2002 to 25 January 2006 (1).
(2)
A seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Edmund FREIBAUER, notified to the Council on 8 February 2005,
HAS DECIDED AS FOLLOWS:
Article 1
Ms Johanna MIKL-LEITNER, ‘Landesrätin’, member of the government of the Federate State of Lower Austria, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Edmund FREIBAUER for the remainder of his term of office, which runs until 25 January 2006.
Article 2
This Decision shall be published in the Official Journal of the European Union.
It shall take effect on the date of its adoption.
Done at Brussels, 30 May 2005. | [
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COMMISSION REGULATION (EC) No 833/96 of 6 May 1996 amending Regulation (EC) No 2900/95 fixing an export tax in relation to the products falling within CN code 1001 90 99
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 organization of the market in cereals (1), as last amended by Regulation (EC) No 1863/95 (2), and in particular Article 16 thereof,
Whereas Commission Regulation (EC) No 2900/95 (3), as amended by Regulation (EC) No 328/96 (4), fixes an export tax for common wheat falling within CN code 1001 90 99;
Whereas prices on the world market for common wheat have exceeded the level of those in the Community and the trend in those prices remains upwards; whereas this situation is likely to lead to an excessive export of common wheat in the natural state or in the form of products processed therefrom, such as flours, meals and groats; whereas the export tax currently in force for common wheat should therefore be amended in accordance with the Annex to this Regulation and an export tax should be set for flours made from common wheat, spelt or meslin and groats and meals of common wheat or spelt falling within CN codes 1101 00 15, 1101 00 90 and 1103 11 90;
Whereas export licences applied for before 24 April 1996 for the common wheat products falling within the above codes are currently valid; whereas their validity has already been limited as a precautionary measure to 30 days in order to restrict quantities; whereas this measure should therefore apply to certificates applied for from 25 April 1996 onwards to prevent speculation;
Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2900/95 is hereby amended as follows:
1. the title is replaced by the following:
'fixing export taxes on the products falling within CN codes 1001 90 99, 1101 00 15, 1101 00 90 and 1103 10 90`;
2. Article 1 is replaced by the following:
'Article 1
The export tax referred to in Article 15 of Regulation (EC) No 1501/95 is fixed for the products falling within CN codes 1001 90 99, 1101 00 15, 1101 00 90 and 1103 11 90 at the levels indicated in the Annex to this Regulation.
This tax shall not apply, however, to export licences applied for before 25 April 1996.`;
3. the Annex is replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 May 1996. | [
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COMMISSION DECISION
of 6 April 2006
concerning certain protection measures relating to classical swine fever in Germany and repealing Decision 2006/254/EC
(notified under document number C(2006) 1556)
(Text with EEA relevance)
(2006/274/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), and in particular Article 10(4) thereof,
Whereas:
(1)
Outbreaks of classical swine fever have occurred in Germany.
(2)
In view of the trade in live pigs and certain pig products, those outbreaks are liable to endanger the herds of other Members States.
(3)
Commission Decision 2006/254/EC of 28 March 2006 concerning certain interim protection measures relating to Classical Swine Fever in Germany (2) was therefore adopted in order to reinforce the measures taken by Germany pursuant to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (3).
(4)
The animal health conditions and the certification requirements for trade in live pigs are laid down in Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (4).
(5)
The animal health conditions and certification requirements for trade in porcine semen are laid down in Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (5).
(6)
The animal health conditions and certification requirements for trade in porcine ova and embryos are laid down in Commission Decision 95/483/EC of 9 November 1995 determining the specimen certificate for intra-Community trade in ova and embryos of swine (6).
(7)
Commission Decision 2002/106/EC of 1 February 2002 approving a Diagnostic Manual establishing diagnostic procedures, sampling methods and criteria for evaluation of the laboratory tests for the confirmation of classical swine fever (7) provides for risk adapted surveillance protocols.
(8)
Based on the information provided by Germany it is appropriate to maintain protective measures relating to classical swine fever in Germany for a period sufficient to complete the necessary investigations.
(9)
It is also necessary to extent the measures so as to minimise contacts to and between pig holdings in certain parts of Germany and to require a regional limitation of certain services related to pigs so as to prevent spread of disease.
(10)
Decision 2006/254/EC should be repealed.
(11)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
1. Germany shall ensure that no pigs are dispatched from its territory to other Member States and to third countries.
2. By derogation from paragraph 1, Germany may authorise the direct transport of slaughter pigs to a slaughterhouse outside Germany for immediate slaughter, provided that the pigs have been resident for at least 60 days, or since birth if less than 60 days of age, on a single holding which
(a)
is situated outside the areas listed in Annex I, and
(b)
has not received live pigs during the 60-day period immediately prior to the date of dispatch of the pigs,
(c)
on which the examinations in accordance with Chapter IV (D) (3) of Decision 2002/106/EC have been completed with negative results.
3. The competent veterinary authority of Germany shall ensure that the notification of the dispatch of pigs to other Member States is communicated to the central and local veterinary authorities of the Member State of destination and any Member State of transit at least three days before the date of dispatch.
Article 2
1. Without prejudice to the measures provided for in Directive 2001/89/EC, and in particular Articles 9, 10 and 11 thereof, Germany shall ensure that
(a)
no pigs are transported from and to holdings situated within the areas listed in Annex I;
(b)
transport of pigs for slaughter coming from holdings situated outside the area listed in Annex I to slaughterhouses located within those areas and transit of pigs through those areas is only allowed:
(i)
via major roads or railways; and
(ii)
in accordance with the detailed instructions provided for by the competent authority to prevent the pigs in question coming into direct or indirect contact with other pigs during transport.
2. By way of derogation from paragraph 1(a) and not earlier than 10 days after coming into force of this Decision the competent authority may authorise the transport of pigs from a holding situated within the areas listed in Annex I:
(a)
directly to a slaughterhouse situated within those areas; or
(b)
in exceptional cases, to designated slaughterhouses in Germany located outside those areas, for immediate slaughter, provided the pigs are dispatched from a holding on which the examinations in accordance with Chapter IV (D) (3) of Decision 2002/106/EC have been completed with negative results.
Article 3
Germany shall ensure that no consignments of the following commodities are dispatched to other Member States and to third countries:
(a)
porcine semen, unless the semen originates from boars kept at a collection centre referred to in Article 3(a) of Directive 90/429/EEC and situated outside the areas listed in Annex I;
(b)
ova and embryos of swine, unless the ova and embryos originate from swine kept at a holding situated outside the areas listed in Annex I.
Article 4
Germany shall ensure that the health certificate provided for in:
(a)
Directive 64/432/EEC accompanying pigs dispatched from Germany must be completed by the following:
‘Animals in accordance with Commission Decision 2006/274/EC of 6 April 2006 concerning certain protection measures relating to classical swine fever in Germany’.
(b)
Directive 90/429/EEC accompanying semen from boars dispatched from Germany must be completed by the following:
‘Semen in accordance with Commission Decision 2006/274/EC of 6 April 2006 concerning certain protection measures relating to classical swine fever in Germany’.
(c)
Decision 95/483/EC accompanying ova and embryos of swine dispatched from Germany must be completed by the following:
‘Ova/Embryos (delete as appropriate) in accordance with Commission Decision 2006/274/EC of 6 April 2006 concerning certain protection measures relating to classical swine fever in Germany’.
Article 5
Germany shall ensure that:
1.
within the areas listed in Annex I risk based zones are defined by the competent authorities and that at least the services provided by persons in direct contact to pigs or requiring entering the housing areas for pigs and the use of vehicles for transport of feed, manure or dead animals to and from pig holdings situated in the areas listed in Annexe I are limited to those compartments and are not shared with other parts of the Community, unless after thorough cleansing and disinfection of the vehicles, equipment and any other fomite and a minimum absence of any contact to pigs or pig holdings of at least 3 days;
2.
in the areas listed in Annex I surveillance measures are carried out in accordance with the principles set up in Annex II;
3.
preventive disease control measures are applied as necessary, in accordance with Article 4 (3) (a) of Council Directive 2001/89/EC;
4.
an appropriate information campaign is addressed to pig farmers.
Article 6
1. Member States shall not send pigs to slaughterhouses in the areas listed in Annex I.
2. Member States shall ensure that:
(a)
vehicles which have been used for the transport of pigs in Germany or have entered a holding where pigs are kept in Germany are cleaned and disinfected twice after each operation; and suspended from transport of pigs for not less than 3 days;
(b)
the transporters furnish proof to the competent authority of such disinfection.
Article 7
The Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision and they shall give immediate appropriate publicity to the measures adopted. They shall immediately inform the Commission thereof.
Article 8
This Decision shall apply until 15 May 2006.
Article 9
Decision 2006/254/EC is repealed.
Article 10
This Decision is addressed to the Member States.
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COMMISSION DECISION
of 27 June 1990
on the establishment of the Community support framework for Community structural
assistance in the region of France concerned by Objective 5 (b), namely Bourgogne
(Only the French text is authentic)
(90/587/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) N° 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (1), and in particular Article 11 (3) thereof;
Whereas Commission Decision 89/426/EEC (2) defined the rural areas eligible for Community assistance under Objective 5 (b) as defined in Council Regulation (EEC) No 2052/88;
Whereas in the Bourgogne region certain areas have been selected to benefit from Community assistance under Objective 5 (b);
Whereas, in accordance with Article 11 (3) of Regulation (EEC) No 2052/88 the Commission, on the basis of rural development plans submitted by the Member States, shall establish, through partnership and in agreement with the Member State concerned, Community support frameworks for Community structural operations;
Whereas in accordance with the fourth subparagraph of Article 11 (3) of the abovementioned Regulation the Community support framework shall cover in particular the development priorities, the forms of assistance, the indicative financing plan, with details of the amount of assistance and its source, and the duration of the assistance;
Whereas Title III, Article 8 of Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) N° 2052/88 (3) sets out the conditions for the preparation and implementation of the Community support framework;
Whereas, in accordance with Article 11 (3) of Regulation (EEC) N° 2052/88, the French Government submitted to the Commission on 26 October 1989 the rural development plan of Bourgogne;
Whereas the plan for the rural areas of Bourgogne submitted by the French Government includes a description of the main development priorities selected and of the corresponding measures, and an indication of the use to be made of assistance under the European Regional Development Fund (ERDF), the European Social Fund (ESF), the Guidance Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and the European Investment Bank (EIB) and the other financial instruments of the Community in implementing the plans;
Whereas the Community support framework has been established in agreement with the Member State concerned through the partnership as defined in Article 4 of Regulation (EEC) No 2052/88;
Whereas this Decision is in accordance with the opinion
of the Committee on Agricultural Structures and Rural Development; whereas the Committee provided for in Article 124 of the Treaty has been consulted;
Whereas in accordance with Article 10 (2) of Regulation (EEC) N° 4253/88 this Decision is to be sent as a declaration of intent to the Member State;
Whereas in accordance with Article 20 (1) and (2) of Regulation (EEC) N° 4253/88 the budgetary commitments relating to the contribution from the Structural Funds to the financing of the operations covered by the Community support framework will be made on the basis of subsequent Commission decisions approving the operations concerned,
HAS ADOPTED THIS DECISION:
Article 1
The Community support framework for Community structural assistance in the rural areas of Bourgogne concerned by Objective 5 (b), covering the period 1 January 1989 to 31 December 1993 is hereby approved.
The Commission declares that it intends to contribute to the implementation of this Community support framework in accordance with the detailed provisions thereof and in compliance with the rules and guidelines for the Structural Funds and other existing financial instruments.
Article 2
The Community support framework includes the following essential information:
(a)
statement of specific priorities for joint action by the Community and the Member State:
- development and diversification of the agricultural sector,
- development of industry, crafts and services,
- tourism,
- human resources;
(b)
an outline of the forms of assistance to be provided primarily in the form of operational programmes;
(c)
an indicative financing plan at 1989 constant prices, specifying for the whole period the total appropriations to provide budgetary assistance from the Community for both the implementation of new measures covered by the priorities in (a) and multiannual measures under way or
decided, before the adoption of this Community support framework, broken down as follows:
TABLE
Article 3
This declaration of intent is addressed to the Republic of France.
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COMMISSION REGULATION (EC) No 1440/2006
of 29 September 2006
fixing the maximum aid for concentrated butter for the 17th individual invitation to tender opened under the standing invitation to tender provided for in Regulation (EC) No 1898/2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,
Whereas:
(1)
In accordance with Article 47 of Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/99 as regards measures for the disposal of cream, butter and concentrated butter on the Community market (2), the intervention agencies are opening a standing invitation to tender for the granting of aid for concentrated butter. Article 54 of that Regulation provides that in the light of the tenders received in response to each special invitation to tender, a maximum amount of aid is to be fixed for concentrated butter with a minimum fat content of 96 %.
(2)
An end-use security provided for in Article 53(4) of Regulation (EC) No 1898/2005 is to be lodged to ensure the taking over of the concentrated butter by the retail trade.
(3)
In the light of the tenders received, the maximum aid should be fixed at the appropriate level and the end-use security should be determined accordingly.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
For the 17th individual tender under the standing invitation to tender opened in accordance with Regulation (EC) No 1898/2005 the maximum amount of the aid for concentrated butter with a minimum fat content of 96 %, as referred to in Article 47(1) of that Regulation, is fixed at 19,8 EUR/100 kg,
The end-use security provided for in Article 53(4) of Regulation (EC) No 1898/2005 is fixed at 22 EUR/100 kg.
Article 2
This Regulation shall enter into force on 30 September 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EEC) No 4255/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Social Fund
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 126 and 127 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 3 (4) of Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments(4) provides for the Council to adopt the specific provisions governing operations under each Structural Fund;
Whereas it is appropriate to define the various types of measures to be supported by the European Social Fund (hereinafter referred to as ´the Fund'), including those which represent new tasks, in context of the Fund's contribution to the attainment of the five objectives provided for in Article 1 of Regulation (EEC) No 2052/88;
Whereas objectives 3 and 4 are applicable to the whole of the Community's territory;
Whereas expenditure eligible for assistance from the Fund should be defined;
Whereas expenditure trends should not be allowed to diverge and average indicative amounts should be introduced by stages for contributions by the Fund towards operating costs in respect of training;
Whereas Article 10 (1) of Regulation (EEC) No 2052/88 requires the Commission to establish guidelines for the attainment of objectives 3 and 4 laid down in that Regulation;
Whereas arrangements should be specified for the submission of the plans to be drawn up by Member States pursuant to Regulation (EEC) No 2052/88;
Whereas it is necessary to define the forms of assistance to be granted by the Fund and to specify the content of applications relating to operations to be carried out within the framework of Member States' Labour market policies;
Whereas arrangements should be laid down for the submission and approval of applications for assistance from the Fund, as should details of the arrangements for monitoring;
Whereas the transitional provisions should be specified,
HAS ADOPTED THIS REGULATION:
Article 1 Eligible operations 1. Under the conditions laid down by Council Regulation (EEC) No 2052/88 and Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments(5) and those specified in this Regulation, the Fund shall contribute to the financing of the following:
(a)vocational training operations, accompanied where necessary by vocational guidance;
(b)subsidies towards recruitment into newly created stable jobs and towards the creation of self-employed activities.
2. In this connection, the Fund shall also contribute up to 5 % of its annual budget to the financing of the following:
(a)operations of an innovatory nature which are intended to test new approaches to the content, methods and organization of vocational training and more generally the development of employment, with a view to establishing a basis for subsequent Fund assistance in a number of Member States;
(b)preparatory, accompanying and management measures needed for the implementation of this Regulation; such measures shall include studies, technical assistance and the exchange of experience which has a multiplier effect, and follow-up to and detailed evaluation of, measures financed by the Fund;
(c)measures aimed, within the framework of social dialogue, at staff from undertakings in two or more Member States, concerning the transfer of special knowledge relating to the modernization of the production apparatus;
(d)guidance and advice for the reintegration of the long-term unemployed.
3. Vocational training within the meaning of paragraph 1 (a) means any measure aimed at providing the skills necessary to carry out one or more specific types of employment, with the exception of apprenticeship schemes, and any measure with the relevant technology content required by technological change and requirements and developments on the labour market.
4. By way of derogation from paragraph 3, vocational training shall include, in the regions concerned by objectives 1, 2 and 5 (b), any vocational training and further training measure required for the use of new production and/or management techniques in small and medium-sized enterprises.
5. By way of derogation from paragraph 3, vocational training shall include, in the regions concerned by objective 1:
-the theoretical portion of apprenticeship training given outside the firm,
-in specific cases to be defined according to the particular needs of the countries and regions concerned, that part of national secondary, or corresponding education systems specifically devoted to vocational training following compulsory full-time schooling where that part meets the challenges posed by economic and technological changes.
6. In the regions concerned by objective 1, and for a period of three years following the entry into force of this Regulation, recruitment subsidies shall be extended to non-productive projects which fulfil a public need involving the creation of additional jobs of at least six months' duration for the long-term unemployed aged over 25.
Article 2 Scope In accordance with Article 3 (2) of Regulation (EEC) No 2052/88, Fund assistance shall be granted:
(a)as regards its priority objectives (3 and 4), throughout the Community, to operations intended to:
-combat long-term unemployment by means of the occupational integration of persons aged over 25 who have been unemployed for more than 12 months; this period may be reduced in specific cases to be decided upon by the Commission,
-facilitate the occupational integration of persons under 25 from the age at which compulsory full-time schooling ends, however long or short the period during which they have been seeking employment;
(b)as regards objectives 1, 2 and 5 (b), to measures intended to:
-encourage job stability and develop new employment possibilities, organized for persons:
-who are unemployed,
-who are threatened with unemployment particularly within the context of restructuring requiring technological modernization or substantial changes in the production or management system,
-employed in small and medium-sized enterprises,
-facilitate vocational training for any working person involved in an operation which is essential to the achievement of the development and conversion objectives of an integrated programme.
(c)as regards objective 1, operations for persons:
-training for persons under apprenticeship contracts qualifying under the first indent of Article 1 (5),
-trained under national secondary vocational education systems, in accordance with the second indent of Article 1 (5),
-employed within the framework of the operations referred to in Article 1 (6).
Article 3 Eligible expenditure 1. Fund assistance may be granted only towards expenditure to cover:
(a)the income of persons receiving vocational training;
(b)the cost:
-of preparing, operating, managing and assessing vocational training operations including vocational guidance, including the costs of training teaching staff,
-subsistance and travel costs of those covered by vocational training operations;
(c)the granting, for a maximum period of 12 months per person, of subsidies towards recruitment into newly created stable jobs and towards the creation of self-employed activities together with subsidies of at least six months' duration per person, for recruitment as referred to in Article 1 (6);
(d)the cost of operations which receive assistance from the Fund under Article 1 (2) (b) (c) and (d).
2. The Commission shall determine each year, within the framework of the partnership, the maximum eligible amount per person and per week granted under paragraph 1 (c). This amount shall be based on 30 % of the average gross earnings of industrial workers in each Member State, determined in accordance with the harmonized definition of the Statistical Office of the European Communities; it shall be published in the Official Journal of the European Communities in good time to be included in the applications submitted in accordance with Articles 7 (1) and 9 (3).
3. The Commission shall ensure that Fund expenditure for operations of the same type does not develop in different ways. To this end, after the Committee referred to in Article 28 of Regulation (EEC) No 4253/88 has delivered its opinion, it shall determine for each Member State, in cooperation with that State and progressively, the indicative average amounts for such expenditure to be borne by the Fund according to the type of training involved; it shall order their publication in the Official Journal of the European Communities. They shall be applicable during the following financial year.
Article 4 Guidelines 1. In accordance with Article 10 (1) of Regulation (EEC) No 2052/88, the Commission shall establish before 15 February 1989, for a period of at least three years, the guidelines concerning action under objectives 3 and 4 which it will follow in defining the Community support frameworks; it shall order their publication in the Official Journal of the European Communities.
2. Any amendments necessitated by substantial changes on the labour market shall be made before 1 February of a financial year; they shall apply to the new Community support frameworks or amended frameworks in respect of the following financial years.
3. The guidelines shall establish the training and employment policies covering measures that may be eligible for Fund assistance; apart from regions covered by objectives 1, 2 and 5 (b), priority shall be given to Community financing for measures that meet the requirements and prospects of the labour market.
Article 5 Plans The plans referred to in Articles 8 to 11 of Regulation (EEC) No 2052/88 shall, in particular, indicate in the part concerning the Fund, estimates with respect to:
-the disparity between job applications and vacancies, including, as far as possible, data concerning female employment,
-the nature and characteristics of unfilled vacancies,
-the occupational opportunities which appear on labour markets,
-the measures to be implemented or under way in regard to training and employment,
-the number of persons concerned per type of measure.
Article 6 Forms of assistance 1. In accordance with Article 5 of Regulation (EEC) No 2052/88, applications for Fund assistance shall be presented in the form of operational programmes, global grant schemes or action within the meaning of Article 1 (2) (b), (c) and (d). The operational programmes and global grant schemes may include associated preparatory, accompanying, management and assessment measures.
2. The Member States shall communicate the information necessary for the examination of measures, in particular the information specified in Article 14 (2) of Regulation (EEC) No 4253/88 and the information specifically related to the European Social Fund (location, number of persons, duration of the operation for each person, occupational level concerned), specifying as a general rule:
-in the case of unemployed persons and others without jobs, their occupational qualifications at the beginning of the operations,
-in the case of employed persons, the nature and scope of proposed occupational conversion operations,
-in the case of operations involving conversion or economic restructuring, the volume and type of investment planned and changes in products or production systems.
Article 7 Submission and approval of applications for assistance 1. Applications for assistance shall be submitted at least three months before the start of operations. They shall be accompanied by a form drawn up, within the framework of the partnership, using computerized means listing the particulars for each measure so that it can be monitored from budgetary commitment to final payment.
2. The Commission shall decide on these applications before the beginning of operations and shall inform the Member State concerned.
Article 8 Monitoring In accordance with Article 23 (2) of Regulation (EEC) No 4253/88, the Commission may carry out on-the-spot checks. These checks may take the form of representative sample checks. In this case, after consultation with the Member State concerned, the Commission shall establish the proportion of samples taken in the light of the material and technical conditions of the operation concerned. If, after the results have been checked in the framework of the partnership, the sample reveals insufficient implementation, the Commission may make a suitable reduction, which may be applied as a proportion of the total amount for which payment is requested, after the Member State has had an opportunity to submit its comments.
Article 9 Transitional provisions 1. In accordance with Article 15 (4) of Regulation (EEC) No 2052/88, applications for assistance for 1989 submitted before 21 October 1988 shall continue to be covered by Council Decision 83/516/EEC(6), as amended by Decision 85/568/EEC(7), and the provisions implementing it.
2. The first plans shall cover a period beginning on 1 January 1990. Plans concerning objectives 1, 2 and 5 (b) shall be presented not later than 31 March 1989. Plans concerning objectives 3 and 4 shall be presented within four months of the publication in the Official Journal of the European Communities of the guidelines referred to in Article 4.
3. Applications for assistance for operations to be implemented in 1990 shall be submitted before 31 August 1989.
Article 10 Entry into force 1. This Regulation shall enter into force on 1 January 1989. Subject to the transitional provisions laid down in Article 9, it shall be applicable as from that date.
2. Subject to Article 15 of Regulation (EEC) No 2052/88 and Article 33 of Regulation (EEC) No 4253/88, Regulation (EEC) No 2950/83(8) is hereby repealed.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 1988. | [
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DIRECTIVE 2005/64/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 26 October 2005
on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability and amending Council Directive 70/156/EEC
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure referred to in Article 251 of the Treaty (2),
Whereas:
(1)
In accordance with Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles (3), appropriate provisions should be laid down to ensure that type-approved vehicles belonging to category M1, and those belonging to category N1, may be put on the market only if they are reusable and/or recyclable to a minimum of 85 % by mass and are reusable and/or recoverable to a minimum of 95 % by mass.
(2)
Reusability of component parts, recyclability and recoverability of materials constitute a substantial part of the Community strategy for waste management. Therefore vehicle manufacturers and their suppliers should be requested to include those aspects at the earliest stages of the development of new vehicles, in order to facilitate the treatment of vehicles at the time when they reach the end of their life.
(3)
This Directive constitutes one of the separate directives within the framework of the Community whole vehicle type-approval system established by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (4).
(4)
That whole vehicle type-approval system is currently compulsory for vehicles belonging to category M1 and will be extended, in the near future, to all categories of vehicle. It is therefore necessary to include in the whole vehicle type-approval system those measures concerning the re-usability, recyclability and recoverability of vehicles.
(5)
Accordingly, it is necessary to lay down provisions to take into account the fact that N1 vehicles are not yet covered by the whole vehicle type-approval system.
(6)
The manufacturer should make available to the approval authority all relevant technical information as regards constituent materials and their respective masses in order to permit verification of the manufacturer's calculations in accordance with the standard ISO 22628: 2002.
(7)
The manufacturer's calculations can be properly validated at the time of the vehicle type-approval only if the manufacturer has put in place satisfactory arrangements and procedures to manage all information he receives from his suppliers. Before any type-approval can be granted, the competent body should carry out a preliminary assessment of those arrangements and procedures and should issue a certificate indicating that they are satisfactory.
(8)
The relevance of the different inputs in the calculations of the recyclability and recoverability rates has to be assessed in accordance with the processes for treatment of end-of-life vehicles. The manufacturer should therefore recommend a strategy for the treatment of end-of-life vehicles and should provide details thereof to the competent body. This strategy should be based on proven technologies, which are available or in development at the time of applying for the vehicle approval.
(9)
Special-purpose vehicles are designed to perform a specific function and require special bodywork arrangements which are not entirely under the control of the manufacturer. Consequently, the recyclability and recoverability rates cannot be calculated properly. Those vehicles should therefore be excluded from the requirements concerning calculation.
(10)
Incomplete vehicles constitute a significant proportion of N1 vehicles. The manufacturer of the base vehicle is not in a position to calculate the recyclability and recoverability rates for completed vehicles because the data concerning the later stages of construction are not available at the design stage of the base vehicles. It is therefore appropriate to require only the base vehicle to comply with this Directive.
(11)
The market shares of vehicles produced in small series are very limited, so that there will be little benefit to the environment if they have to comply with this Directive. It is therefore appropriate to exclude them from certain provisions of this Directive.
(12)
In accordance with Directive 2000/53/EC, appropriate measures should be taken, in the interests of road safety and protection of the environment, to prevent the reuse of certain component parts which have been removed from end-of-life vehicles. Such measures should be restricted to the reuse of parts in the construction of new vehicles.
(13)
The provisions set out in this Directive will impose on manufacturers the supply of new data relating to type-approval and therefore these particulars should be reflected in Directive 70/156/EEC, which establishes the exhaustive list of data to be submitted for type-approval. It is therefore necessary to amend that Directive accordingly.
(14)
The measures necessary for the adaptation to scientific and technical progress of this Directive should be adopted in accordance with the regulatory procedure provided for in Article 13(3) of Directive 70/156/EEC.
(15)
Since the objective of this Directive, namely to minimise the impact of end-of-life vehicles on the environment by requiring that vehicles be designed from the conception phase with a view to facilitating reuse, recycling and recovery, cannot be sufficiently achieved by the Member States acting alone and can, therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective.
(16)
In accordance with paragraph 34 of the Interinstitutional Agreement on better law-making (5), Member States will be encouraged to draw up, for themselves and in the interest of the Community, their own tables which will, as far as possible, illustrate the correlation between this Directive and the transposition measures and to make them public,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Subject matter
This Directive lays down the administrative and technical provisions for the type-approval of vehicles covered by Article 2, with a view to ensuring that their component parts and materials can be reused, recycled and recovered in the minimum percentages set out in Annex I.
It lays down specific provisions to ensure that the re-use of component parts does not give rise to safety or environmental hazards.
Article 2
Scope
This Directive shall apply to vehicles belonging to categories M1 and N1, as defined in Part A of Annex II to Directive 70/156/EEC, and to new or reused component parts of such vehicles.
Article 3
Exemptions
Without prejudice to the application of the provisions of Article 7, this Directive shall not apply to:
(a)
special purpose vehicles as defined in part A, point 5, of Annex II to Directive 70/156/EEC;
(b)
multi-stage built vehicles belonging to category N1, provided that the base vehicle complies with this Directive;
(c)
vehicles produced in small series, referred to in Article 8(2)(a) of Directive 70/156/EEC.
Article 4
Definitions
For the purposes of this Directive, the following definitions shall apply:
1.
‘vehicle’ means a motor vehicle;
2.
‘component part’ means any part or any assembly of parts which is included in a vehicle at the time of its production. It also covers components and separate technical units as defined in Article 2 of Directive 70/156/EEC;
3.
‘vehicle type’ means the type of a vehicle as defined in part B, points 1 and 3, of Annex II to Directive 70/156/EEC;
4.
‘end-of-life vehicle’ means a vehicle as defined in point 2 of Article 2 of Directive 2000/53/EC;
5.
‘reference vehicle’ means the version within a type of vehicle, which is identified by the approval authority, in consultation with the manufacturer and in accordance with the criteria laid down in Annex I, as being the most problematic in terms of reusability, recyclability and recoverability;
6.
‘multi-stage built vehicle’ means a vehicle resulting from a multi-stage construction process;
7.
‘base vehicle’ means a vehicle as defined in Article 2, fourth indent of Directive 70/156/CEE, which is used at the starting stage of a multi-stage construction;
8.
‘multi-stage construction’ means the process by which a vehicle is produced in several stages by adding component parts to a base vehicle or by modifying those component parts;
9.
‘reuse’ means reuse as defined in point 6 of Article 2 of Directive 2000/53/EC;
10.
‘recycling’ means recycling as defined in the first sentence of point 7 of Article 2 of Directive 2000/53/EC;
11.
‘energy recovery’ means energy recovery as defined in the second sentence of point 7 of Article 2 of Directive 2000/53/EC;
12.
‘recovery’ means recovery as defined in point 8 of Article 2 of Directive 2000/53/EC;
13.
‘reusability’ means the potential for reuse of component parts diverted from an end-of-life vehicle;
14.
‘recyclability’ means the potential for recycling of component parts or materials diverted from an end-of-life vehicle;
15.
‘recoverability’ means the potential for recovery of component parts or materials diverted from an end-of-life vehicle;
16.
‘recyclability rate of a vehicle (Rcyc)’ means the percentage by mass of a new vehicle, potentially able to be reused and recycled;
17.
‘recoverability rate of a vehicle (Rcov)’ means the percentage by mass of a new vehicle, potentially able to be reused and recovered;
18.
‘strategy’ means a large-scale plan consisting of coordinated actions and technical measures to be taken as regards dismantling, shredding or similar processes, recycling and recovery of materials to ensure that the targeted recyclability and recoverability rates are attainable at the time a vehicle is in its development phase;
19.
‘mass’ means the mass of the vehicle in running order as defined in point 2.6 of Annex I to Directive 70/156/EEC, but excluding the driver, whose mass is assessed at 75 kg;
20.
‘competent body’ means an entity, e.g. a technical service or another existing body, notified by a Member State to carry out preliminary assessment of the manufacturer and to issue a certificate of compliance, in accordance with the prescriptions of this Directive. The competent body may be the type-approval authority, provided its competence in this field is properly documented.
Article 5
Type-approval provisions
1. Member States shall grant, as appropriate, EC type-approval or national type-approval, with regard to reusability, recyclability and recoverability, only to such vehicle types that satisfy the requirements of this Directive.
2. For the application of paragraph 1, the manufacturer shall make available to the approval authority the detailed technical information necessary for the purposes of the calculations and checks referred to in Annex I, relating to the nature of the materials used in the construction of the vehicle and its component parts. In cases where such information is shown to be covered by intellectual property rights or to constitute specific know-how of the manufacturer or of his suppliers, the manufacturer or his suppliers shall supply sufficient information to enable those calculations to be made properly.
3. With regard to reusability, recyclability and recoverability, the Member States shall ensure that the manufacturer uses the model of the information document set out in Annex II to this Directive, when submitting an application for EC vehicle type-approval, pursuant to Article 3(1) of Directive 70/156/EEC.
4. When granting an EC type-approval pursuant to Article 4(3) of Directive 70/156/EEC, the type-approval authority shall use the model of the EC type-approval certificate set out in Annex III to this Directive.
Article 6
Preliminary assessment of the manufacturer
1. Member States shall not grant any type approval without first ensuring that the manufacturer has put in place satisfactory arrangements and procedures, in accordance with point 3 of Annex IV, to manage properly the reusability, recyclability and recoverability aspects covered by this Directive. When this preliminary assessment has been carried out, a certificate named ‘Certificate of Compliance with Annex IV’ (hereinafter the certificate of compliance) shall be granted to the manufacturer.
2. In the framework of the preliminary assessment of the manufacturer, Member States shall ensure that the materials used for the construction of a vehicle type comply with the provisions of Article 4(2)(a) of Directive 2000/53/EC.
The Commission shall, in accordance with the procedure referred to in Article 9, establish the detailed rules necessary to verify compliance with this provision.
3. For the purpose of paragraph 1, the manufacturer shall recommend a strategy to ensure dismantling, reuse of component parts, recycling and recovery of materials. The strategy shall take into account the proven technologies available or in development at the time of the application for a vehicle type-approval.
4. Member States shall appoint a competent body, in accordance with point 2 of Annex IV, to carry out the preliminary assessment of the manufacturer and to issue the certificate of compliance.
5. The certificate of compliance shall include the appropriate documentation and describe the strategy recommended by the manufacturer. The competent body shall use the model set out in the Appendix to Annex IV.
6. The certificate of compliance shall remain valid for no less than two years from the date of deliverance of the certificate before new checks shall be conducted.
7. The manufacturer shall inform the competent body of any significant change that could affect the relevance of the certificate of compliance. After consultation with the manufacturer, the competent body shall decide whether new checks are necessary.
8. At the end of the period of validity of the certificate of compliance, the competent body shall, as appropriate, issue a new certificate of compliance or extend its validity for a further period of two years. The competent body shall issue a new certificate in cases where significant changes have been brought to the attention of the competent body.
Article 7
Reuse of component parts
The component parts listed in Annex V shall:
(a)
be deemed to be non-reusable for the purposes of calculating the recyclability and recoverability rates;
(b)
not be reused in the construction of vehicles covered by Directive 70/156/EEC.
Article 8
Amendments to Directive 70/156/EEC
Directive 70/156/EEC shall be amended in accordance with Annex VI to this Directive.
Article 9
Amendments
Amendments to this Directive which are necessary to adapt it to scientific and technical progress shall be adopted by the Commission in accordance with the regulatory procedure referred to in Article 13(3) of Directive 70/156/EEC.
Article 10
Implementation dates for type-approval
1. With effect from 15 December 2006, Member States shall not, in respect of a type of vehicle which complies with the requirements of this Directive:
(a)
refuse to grant EC or national type-approval,
(b)
prohibit the registration, sale or entry into service of new vehicles.
2. With effect from 15 December 2008, Member States shall, in respect of a type of vehicle which does not comply with the requirements of this Directive:
(a)
refuse to grant EC type-approval;
(b)
refuse to grant national type-approval.
3. With effect from 15 July 2010, Member States shall, if the requirements of this Directive are not met:
(a)
consider certificates of conformity which accompany new vehicles as no longer valid for the purposes of Article 7(1) of Directive 70/156/EEC;
(b)
refuse the registration, sale or entry into service of new vehicles, save where Article 8(2)(b) of Directive 70/156/EEC applies.
4. Article 7 shall apply with effect from 15 December 2006.
Article 11
Transposition
1. Member States shall adopt and publish, not later than 15 December 2006, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those measures.
They shall apply those measures from 15 December 2006.
When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 12
Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 13
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 26 October 2005. | [
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*****
COUNCIL DECISION
of 19 July 1984
amending the amount of the daily allowance granted to members of the Economic and Social Committee
(84/382/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing a single Council and a single Commission of the European Communities, and in particular Article 6 thereof,
Whereas the amount of the daily allowance granted to members of the Economic and Social Committee should be adjusted,
HAS DECIDED AS FOLLOWS:
Article 1
Council Decision 81/121/EEC of 3 March 1981 on the granting of daily allowances and the reimbursement of travelling expenses of members of the Economic and Social Committee, alternates and experts (1), as amended by Decision 82/868/EEC (2), is hereby amended as follows:
In the first indent of Article 2, 'Bfrs 3 450' is replaced by 'Bfrs 3 600'.
Article 2
This Decision shall take effect on 1 January 1985.
Done at Brussels, 19 July 1984. | [
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POLITICAL AND SECURITY COMMITTEE DECISION BiH/14/2008
of 21 November 2008
on the appointment of an EU Force Commander for the European Union military operation in Bosnia and Herzegovina
(2008/895/CFSP)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular the third subparagraph of Article 25 thereof,
Having regard to Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 6 thereof,
Whereas:
(1)
Pursuant to Article 6 of Joint Action 2004/570/CFSP the Council authorised the Political and Security Committee (PSC) to take further decisions on the appointment of the EU Force Commander.
(2)
On 25 September 2007, the PSC adopted Decision BiH/11/2007 (2) appointing Major General Ignacio MARTÍN VILLALAÍN as EU Force Commander for the European Union military operation in Bosnia and Herzegovina.
(3)
The EU Operation Commander has recommended the appointment of Major General Stefano CASTAGNOTTO as the new EU Force Commander for the European Union military operation in Bosnia and Herzegovina.
(4)
The EU Military Committee has supported the recommendation.
(5)
In conformity with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications.
(6)
The Copenhagen European Council adopted on 12 and 13 December 2002 a Declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,
HAS DECIDED AS FOLLOWS:
Article 1
Major General Stefano CASTAGNOTTO is hereby appointed EU Force Commander for the European Union military operation in Bosnia and Herzegovina.
Article 2
This Decision shall take effect on 4 December 2008.
Done at Brussels, 21 November 2008. | [
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COMMISSION REGULATION (EC) No 696/2005
of 3 May 2005
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 4 May 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 May 2005. | [
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COMMISSION DECISION of 17 July 1996 on aid measures provided for in Sicilian Regional Law No 25/93 (Only the Italian version is authentic) (97/106/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93 (2) thereof,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EC) No 1363/95 (2), and in particular Article 31 thereof,
Having given notice to the parties concerned, pursuant to Article 93 (2) of the Treaty, to submit their comments (3),
Whereas:
I
By letter of 25 October 1993, the Italian Permanent Representation to the European Union notified the Commission, in accordance with Article 93 (3) of the Treaty, of Regional Law No 25 of 1 September 1993 (hereinafter referred to as Law No 25/93). Since that Law was adopted before the Commission could state a position on the compatibility with the common market of the aid provided for therein, those aid measures were entered in the register of aid not notified.
As regards the measures covering agriculture and forestry provided for in that Law, by letters of 3 May and 19 September 1994 the Italian authorities forwarded additional information in response to the Commission's requests of 5 January and 28 July 1994.
By letter of 31 July 1995, the Commission informed Italy of its decision to initiate the procedure provided for in Article 93 (2) of the Treaty in respect of the aid measures provided for in:
- Article 44 of Law No 25/93,
- Article 50 of Law No 25/93 and Article 21 (1a) of Regional Law No 32 of 23 May 1991 (hereinafter referred to as 'Law No 32/91`),
- Article 84 (4) and (5) of Law No 25/93 as regards aid granted outside less-favoured areas,
- Articles 85, 86, 88, 90, 96, 103 and 105 of Law No 25/93.
In that letter the Commission gave notice to the Italian Government to submit its comments; it also gave notice to the other Member States and interested parties to submit their comments by publishing that letter in the Official Journal.
Italy forwarded its comments by letter of 5 October 1995. Comments were also put forward at the meetings which took place on 10 October 1995 and 22 January 1996.
No other interested party submitted any comments.
This Decision does not cover the aid provided for in Article 88 of the Regional Law concerned (restructuring of Sanderson Agrumaria Meridionale SpA) or the aid for the restructuring of Siciliana Zootecnica SpA, which will be covered by a separate decision.
II
Article 44 of Law No 25/93
Article 44 of Law No 25/93 provides for the granting of low-interest loans for debt funding of companies selling fruit, vegetables and citrus fruit with less than 20 employees and experiencing financial difficulties. The Region grants medium/long-term loans (for a maximum of ten years) with a 7 % reduction in the interest rate. The Commission considers that this aid measure does not meet the conditions set out in the Community guidelines on State aid for rescuing and restructuring firms in difficulty (hereinafter referred to as the 'guidelines for firms in difficulty`) (4). Since by its very nature this type of aid involves no development of the sector or the region concerned, no derogation from those criteria is possible.
In the case in point no comment was put forward by Italy to show that the conditions laid down in the abovementioned guidelines are satisfied. The Commission refers here to the arguments put forward at the time the procedure provided for in Article 93 (2) of the Treaty was initiated.
Article 50 of Law No 25/93
For the purposes of Article 21 (1) of Law No 32/91, this Article provides for expenditure of Lit 18 billion for the period 1993 to 1995. Article 21 (1) of Law No 32/91 provides for aid to stabilize the situation of cooperatives and consortia thereof in the form of interest-rate subsidies (4 %) to cover up to 75 % of the costs of implementing a financial restructuring plan for the recipient companies. The loans, which are to be paid back over 15 years, may cover liabilities of all types.
By the decision of 14 December 1992 (hereinafter referred to as the '1992 Decision`), the Commission authorized those aid measures for the period 1991 to 1993 on the grounds that the Italian authorities had stated that the measures in question were intended as compensation for damage caused by the drought of 1987-90 and on the basis of an undertaking on the Italian authorities' part regarding observance of the Community criteria applied by the Commission to national aid to compensate for damage caused by exceptional climatic occurrences.
The provision which provides for refinancing of the measures for 1993 to 1995 (Article 50 of Law No 25/93) establishes no link between the measures refinanced and any exceptional climatic occurrences which may be deemed natural disasters within the meaning of Article 92 (2) (b) of the Treaty. Accordingly, the aid measure as set out in the legislative provisions in force involves aid to stabilize the recipients' financial situation and must be appraised in the light of the criteria adopted by the Commission for the examination of this type of aid in accordance with Articles 92, 93 and 94 of the Treaty. Since compliance with those conditions is not ensured, the Commission decided to initiate the procedure provided for in Article 93 (2) of the Treaty.
In response to the procedure thus initiated, Italy stated in its letter of 5 October 1995 that:
- the provisions of Article 21 of Law No 32/91 became operational in 1993 only (after the Commission decision and the adoption of the implementing provisions). Accordingly, most of the funds allocated for the application of the measure for 1991, 1992 and 1993 have not been used and have subsequently become unusable. The measure under examination here (refinancing of Article 21 of Law No 32/91) seeks to supplement the measure provided for in the text approved by the 1992 Decision and to permit payment of the aid to the recipients already selected on the basis of the conditions set out in that Decision,
- in the same letter Italy informed the Commission that in the meantime the funds allocated to the refinancing measure had been reduced to Lit 6 500 million (of which Lit 3 000 million was for 1995 and Lit 3 500 million was for 1996).
From the point of view of substance, Italy does not dispute the Commission's assessment at the time the procedure was initiated, in particular the fact that the measure provided for in Article 21 of Law No 32/91 involves aid to stabilize the financial situation of cooperatives in difficulty and must accordingly be assessed in the light of the criteria applicable to that type of aid (that is, either the conditions laid down by the Community Guidelines for firms in difficulty or the criteria adopted in practice by the Commission on aid to stabilize the financial situation of agricultural holdings). No argument was put forward in the Italian Government's letter to show that those criteria were satisfied.
The Commission considers that its analysis at the time the procedure was initiated continues to be fully valid. Accordingly, simple refinancing of the measure provided for in Article 21 of Law No 32/91 should be deemed incompatible with the common market.
The very general way the basic provisions (Article 21 (1) and (1a) of Law No 32/91) are worded indicates that, outside the limits laid down in the 1992 Decision approving the financing of the aid measures in question in 1991, 1992 and 1993 by virtue of the serious circumstances arising in Sicily as a result of the drought in the preceding years and in the absence of specific conditions for verifying that the aid is granted in compliance with the criteria applicable to aid for firms in difficulty, any refinancing of such aid is incompatible with the common market.
Italy states, moreover, that the aim of the refinancing measure was not to extend the arrangements provided for in Article 21 referred to above but solely to respond to applications from potential recipients who had not received the aid on account of delays in application and notwithstanding compliance with the conditions set out in the 1992 Decision.
In view of the foregoing, the measure provided for in Article 21 (1) and (1a) of Law No 32/91 must be regarded as incompatible with the common market and must accordingly be repealed.
However, in view of the fact that, on account of the exceptional circumstances obtaining, the grant of the aid was approved under certain conditions for a given period (1991 to 1993) and since for technical reasons the measure has not been fully implemented, it seems justifiable for the measure to be refinanced to the extent strictly necessary to ensure its application, subject to compliance with the conditions laid down in the 1992 Decision regarding the measures provided for in Article 21 of Law No 32/91.
Since it simply involves providing practical follow-up to projects already covered by an initial examination by the regional administration, refinancing must be restricted to programmes which the Region found to comply with the criteria set out in the 1992 Decision before 31 December 1993 (time-limit laid down in that Decision authorizing the aid provided for in Article 21 of Law No 32/91).
Since in the Italian Government's view such refinancing should not be regarded as extending the measures provided for in Article 21 of Law No 32/91, the period during which the payments can be made should be limited. As the Italian financing plan covers the years 1995 and 1996, the time-limit for payment must be set at 31 December 1996.
Article 84 (4) and (5) of Law No 25/93
Article 84 (4) and (5) of that Law state that the aid provided for in the Regional Law of 25 March 1986 (hereinafter referred to as Law No 13/86), plus 10 %, may be granted with a view to adapting livestock holdings structures to the health and hygiene standards laid down by national and Community regulations on the subject. The benefit granted corresponds to aid for investment as provided for in Article 12 (5) of Council Regulation (EEC) No 2328/91 on improving the efficiency of agricultural structures (5), as last amended by Regulation (EC) No 2387/95 (6); the rate of aid, according to the information provided, ranges from 65 % to 70 % of admissible expenditure in less-favoured areas within the meaning of Council Directive 75/268/EEC of 28 April 1975 on mountain and hill-farming and farming in certain less-favoured areas (7), as last amended by Directive 82/786/EEC (8).
The maximum rate of aid permitted under the criteria adopted by the Commission for the examination of investments in primary production is 75 % in less-favoured areas within the meaning of the abovementioned Directive and 35 % in other areas. The regional measure under examination does not comply with those maximum rates as regards aid granted outside less-favoured areas.
Italy has put forward the following arguments:
- for the purposes of examining aid for investments on agricultural holdings, to be assessed with an eye to Articles 92 and 93 of the Treaty, the Commission set the maximum rate of aid against the cost of investment at 35 % and 75 % (in less-favoured areas). According to the Italian Government, it should be possible to vary those rates to bring them into line with the rate of aid for investments authorized and part-financed by the Commission pursuant to Regulation (EEC) No 2328/91. Strictly limiting the rate of aid in question to 35 % outside less-favoured areas would result, according to the Italian authorities, in a difference in treatment between aid for investments assessed by the Commission having regard to Articles 92 and 93 of the Treaty by virtue of the reference to Article 12 (5) of Regulation (EEC) No 2328/91 and aid for investments authorized by the Commission under Article 30 of that Regulation,
- pursuant to Article 30 of the Council Regulation in question, the Commission authorized Sicily to increase by 10 % the rate of aid provided for in Article 7 of that Regulation (pursuant to that derogation, the rate applicable in the Region for investment aid outside less-favoured areas is 45 %),
- accordingly the Commission should take that derogation into account and permit a higher rate of aid in addition in the case of the investment aid under examination having regard to Articles 92 and 93 of the Treaty,
- pursuant to Articles 92 and 93, the Commission also authorized aid provided for in Article 4 of Law No 13/86 (aid falling within the scope of Article 12 (1) of Regulation (EEC) No 2328/91) at a rate of 55 % (60 % in less-favoured areas).
The latter reference is not relevant in the case in point, since the legal basis for the applicability of Articles 92, 93 and 94 to the aid at issue is not Article 12 (1) of Regulation (EEC) No 2328/91 (which refers to Articles 92, 93 and 94 for the purpose of assessing aid regarding that part of the investments covered by that Article in excess of the limits set by Article 7 (2) of the Regulation) but Article 12 (5) of that Regulation.
As regards the remark to the effect that the Commission should ensure that the rates of aid authorized under Community part-financing pursuant to Regulation (EEC) No 2328/91 are consistent with the rates applicable to aid provided for in Article 12 (5) of that Regulation, the Italian Government's arguments should be accepted and account should consequently be taken of the derogation authorized for the Region in question by the Commission Decision of 23 November 1994 (hereinafter referred to as the 1994 Decision).
Pursuant to that decision and notwithstanding the maximum rates provided for in Article 7 (2) of Regulation (EEC) No 2328/91, the rates of aid for investment authorized in Sicily were increased by 10 percentage points until 31 December 1997. The maximum rate of aid permitted until that date outside less-favoured areas was increased from 35 % to 45 %.
It is accordingly justified, in order to ensure that the limits applicable to aid for investments qualifying for Community part-financing under Regulation (EEC) No 2328/91 are consistent with those applicable, pursuant to Articles 92 and 93, to the aid in question, to extend the scope of the derogation provided for in the 1994 Decision in the case in point.
It would accordingly be permissible to grant the aid for investments covered by the measure at issue (Article 84 (4) and (5) of Law No 25/93) at a rate of 45 % in areas outside less-favoured areas in the Region until the date set out in the abovementioned Decision.
The measure, however, does not meet those conditions, firstly because the rate of aid (65 %) also exceeds the 45 % limit obtained when the derogation provided for in the 1994 Decision is applied by analogy to the Region in question and secondly because there is no provision for a limit in time in the case in point.
In view of the foregoing, the aid provided for in Article 84 (4) and (5) of Law No 25/93 for aid for investment in areas outside less-favoured areas must be regarded as incompatible with the common market as regards that part of the aid exceeding 45 % of the cost of the investment.
Articles 85 and 86 of Law No 25/93
These Articles provide that the subsidies covered by Article 1 of Law No 13/88 should also be granted to farmers who purchase irrigation water from private companies. Article 1 of that Law provides for payment to ENEL (Ente Nazionale per l'Energia Elettrica) of a sum corresponding to the 50 % reduction in the rates applying to sales to farmers, agricultural cooperatives and consortia thereof and irrigation consortia for energy used to pump and distribute irrigation water. Articles 85 and 86 of Law No 25/93 adjust the aid as provided for in Law No 13/88 in so far as the measure is also applicable henceforward to quantities of water supplied to farmers by companies other than Consorzi di Bonifica (land-improvement cooperatives); in addition, the aid may be granted directly to farmers on the basis of the quantities of irrigation water used.
This aid must be regarded as operating aid which artificially reduces the cost prices of the recipient holdings and encourages the production and disposal of the latter's products over those of their competitors not in receipt of comparable aid.
By letter of 31 July 1995, the Commission notified Italy of its decision to initiate the Article 93 (2) procedure in respect of Articles 85 and 86 of the Law in question (extension of eligibility for the aid provided for in Law No 13/88 to farmers purchasing irrigation water from companies other than Consorzi di Bonifica) and also proposed appropriate measures to the Italian Government pursuant to Article 93 (1) of the Treaty for the repeal of the aid measure provided for in Law No 13/88 (existing aid measure No E 7/95).
In response to the proposals for appropriate measures, by letter of 10 February 1996, Italy sent the Commission a draft regional law repealing the aid provided for in Law No 13/88 as from the 1995/96 marketing year so that the aid in question would no longer be granted in respect of invoices for electricity after 31 December 1995. In connection with its examination of the existing aid measure, the Commission notified the Italian Government (by letter of 6 May 1996) that the contemplated repeal was a suitable way of complying with the Commission's proposals and that the obligation arising from the latter would be deemed to be discharged when the regional law repealing those measures came into force.
In a previous letter of 5 October 1995, Italy stated with regard to the amendments to Law No 25/93 that a new aid measure was not involved but rather a necessary extension of the scope of the measure introduced in 1988 to embrace all 'natural` recipients of the latter. The measure introduced by Articles 85 and 86 of Law No 25/93 should therefore also be regarded as existing aid within the meaning of Article 93 (1) of the Treaty.
The Commission does share that opinion since the scope of the measure authorized by the Commission Decision of 23 March 1989 is clearly limited by Article 3 of Law No 13/88, which only covers the cost of pumping irrigation water from the abovementioned consortia. As a consequence, by extending the scope of Law No 13/88, Articles 85 and 86 introduce a new measure which is not covered by the authorization granted in 1989.
From the point of view of substance, the appraisal of this measure when the procedure was initiated and of the proposals for appropriate measures within the meaning of Article 93 (1) remains valid. It is therefore operating aid which must be regarded as incompatible with the common market.
Article 90 of Law No 25/93
This Article provides for aid for the costs of transport of Sicilian agricultural produce. The recipients are agricultural cooperatives and consortia thereof, recognized agricultural producer groups and various types of associations thereof, and processing and marketing companies which conclude contracts for the transport of Sicilian agricultural produce by rail, air, or combined means of transport with the railways, shipping or air-freight companies or Sicilian road-haulage consortia. The rate of aid is 50 % of the costs of transport actually incurred (40 % where transport takes place by road or air).
This measure must be regarded as operating aid which is incompatible with the common market and it constitutes State aid within the meaning of Article 92 (1) of the Treaty and discrimination to the detriment of companies processing or trading in (processed or unprocessed) agricultural products from outside the Region.
Furthermore, the wording of the provision, which makes the grant of the aid relating to road-haulage contracts subject to the condition that such contracts are concluded with 'Sicilian` enterprises is liable to raise doubts regarding its conformity with Article 52 of the Treaty.
No remark has been put forward by Italy regarding this measure. The Commission refers here to the arguments put forward at the time the procedure was initiated.
Article 96 of Law No 25/93
This Article provides for aid to producers of water-melons whose holdings have been affected by disease as a result of temperature imbalances.
The regional authorities' rules in this case did not permit any check on whether the criteria applicable to aid granted by way of compensation in the wake of natural disasters are observed. In particular, no condition was laid down to rule out the possibility that farmers may be overcompensated for damage suffered where two measures apply in combination (grant and loan with interest-rate subsidy).
Following the initiation of the Article 93 (2) procedure, by letter of 5 October 1995 Italy provided data showing that the rules on the granting of the aid covered by the Article in question ensure that the sum paid by way of compensation could in no case have exceeded 46,3 % of losses suffered. As regards the recipients, the Italian authorities state that the loss of production of the crop in question was total.
In view of the foregoing, the procedure initiated with regard to that measure, which qualifies under the exception provided for in Article 92 (2) (b), should be terminated.
Article 103 of Law No 25/93
This Article refinances aid provided for in Article 4 of Regional Law No 23 of 7 August 1990 (hereinafter referred to as Law No 23/90) for 1993. The aid, which may cover 60 % of admissible expenditure, is intended for operations connected with the cultivation of almonds, walnuts, pistachio nuts and locust beans in 'sensitive` areas where such crops have an environmental function. The 'sensitive` areas in question are less-favoured areas within the meaning of Directive 75/268/EEC, areas covered by the programme to combat poverty adopted by the Commission pursuant to Council Decision 85/8/EEC (9), as amended by Decision 86/657/EEC (10), and certain municipalities covered by Article 13 of Law No 32/91.
In substance, this is operating aid, calculated per unit of area, in a sector covered by the provisions on the common organization of the market in the products concerned.
In the case in point, no undertaking is required on the part of the farmers receiving the aid, the only condition on the grant being that one of the crops concerned is grown in a 'sensitive` area. It has not been possible to identify any environmental criterion in the geographical scope of the measure. Accordingly, the aid cannot be regarded as offsetting an activity undertaken by the farmer to benefit the environment. As a consequence, the aid does not comply with the objectives of Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside (11), the general principles of which are followed when national aid covered by Article 10 of that Regulation is assessed.
The aid is operating aid with no lasting effect on the sector concerned by the measure as its impact (income supplement) will disappear with the measure itself; it brings about a direct improvement in the recipient operators' possibilities for disposing of the products in question as compared with other operators not receiving comparable aid. In addition, it is granted on products subject to the rules on the common organization of the market (Regulation (EEC) No 1035/72); in accordance with the case law of the Court of Justice, those rules should be considered a comprehensive, exhaustive system which precludes any right on the part of the Member States to take measures which might derogate from or impair it.
Italy's arguments are as follows:
- the ninth and 10th recitals of Regulation (EEC) No 2078/92 acknowledge on the one hand the need to prevent depopulation in certain areas threatened by soil erosion and on the other hand the fact that 'because of the scale of the problems such schemes should be applicable to all farmers in the Community who undertake to use farming methods which will protect, maintain or improve the environment and the countryside and to refrain from further intensification of agricultural production`,
- among the undertakings to be provided by recipients of the aid provided for in Regulation (EEC) No 2078/92 is that set out in Article 2 (1) (b) thereof to maintain extensive production methods introduced in the past. The maintenance in Sicily of the crops covered by the aid in question is in line with the abovementioned objectives,
- in addition, the multiannual programme for the application of Regulation (EEC) No 2078/92 in Sicily, approved by the Commission Decision of 10 October 1994, covers a measure of the same type as that at issue having regard to Article 93 (2). The two measures cannot apply in combination.
First, there are certain differences in substance between the measure part-financed under Regulation (EEC) No 2078/92 and the measure in question (refinancing of Article 4 of Law No 23/90).
Measure B2 of the multiannual programme for the application of the abovementioned Regulation in Sicily covers extensive crops exclusively, which is not the case of the measure covered by Article 4 of Law No 23/90.
In addition, measure B2 provides for the granting of a premium in exchange for certain undertakings on the part of recipient farmers, covering the maintenance of dry farming, a prohibition on the use of chemical fertilizers, the limited use of nitrogen, fire-prevention measures, and so on; the measure under examination provides for no specific undertaking on the part of recipients.
Italy views the maintenance of certain crops in certain areas as positive for the environment. In the Commission's view, however, specific features of the crops and the areas in question must allow a causal link to be established between the existence (maintenance) of the former and the environmental aim pursued. In the case in point no such features relating to crops or areas can be identified.
According to Italy, most of the areas covered by the territorial scope of the measure are in fact on steep slopes where the use of machinery is highly restricted; cessation of cultivation or grubbing-up of the crops in question on those areas would result in major environmental damage. However, it is clear that the territorial scope of the measure also covers other areas (see above) where the 'environmental` impact of the measure as presently defined is not demonstrated by the information available to the Commission.
In view of the foregoing, the aid measure provided for in Article 103 of Law No 25/93 (refinancing of Article 4 of Law No 23/90) is only partly in line with the principles of Regulation (EEC) No 2078/92. Such refinancing must accordingly be regarded as incompatible with the common market.
Article 105 of Law No 25/93
This Article authorizes IRCAC (regional body granting loans to cooperatives) to grant ten-year loans at 4 % interest to cooperatives taking out such (short-term, low interest rate) loans with financial institutions in order to pay for the produce of members who, because the purchasers have gone bankrupt, have been unable to repay these loans. In other words, the Region intervenes by consolidating short-term debt (short-term, low-interest loans) until such time as the abovementioned cooperatives can assert their rights as creditors.
The contribution from public funds provided for in Article 105 grants the recipient cooperatives two distinct benefits: on the one hand, the short-term consolidation of debt, which is in itself designed to stagger the financial cost to the cooperative pending the outcome of the winding-up of customers' affairs; on the other, the interest-rate subsidy to be paid on the consolidation loan (which was fixed at 4 % as compared with the present reference rate of 11,35 %). The effect of the operation is therefore not only to defer payment of these costs but also to reduce them through a further subsidy. The criteria set out above with regard to the aid provided for in Article 50 of Law No 25/93 (Community guidelines for firms in difficulty) therefore apply.
No remarks were put forward by Italy to demonstrate compliance with the conditions laid down in the abovementioned Guidelines. The Commission refers here to the arguments put forward when the procedure was initiated.
III
Italy has failed to fulfil its obligations under Article 93 (3) of the Treaty by adopting Law No 25/93 before the Commission could state a position with regard to the measures provided for therein.
This failure creates a particularly serious situation since the aid in question, leaving aside that provided for in Article 96 and, within the limits set out above, that provided for in Article 50 of that Law, is incompatible in substance and for the reasons set out above with the common market pursuant to Article 92 of the Treaty.
IV
The aid measures in question meet the criteria laid down in Article 92 (1) of the Treaty.
They have a direct and immediate effect on recipients' cost prices; as a consequence, they place the latter at an advantage as compared with producers of the same products not qualifying for comparable aid in Italy or in any other Member State.
Accordingly, these measures are likely to distort the conditions of intra-Community trade in the agricultural products concerned, such trade being affected by any aid granted in respect of national production.
Aid meeting the criteria set out in Article 92 (1) of the Treaty is in principle incompatible with the common market. Exceptions from that principle are set out in paragraphs 2 and 3 of that Article.
The exceptions provided for in Article 92 (2) are clearly not applicable in the case in point, except as stated above regarding the aid provided for in Article 96 of Law No 25/93, to which the exception laid down in Article 92 (2) (b) of the Treaty applies.
In order for the exceptions provided for in Article 92 (3) of the Treaty to apply, objectives pursued in the common interest and not solely in that of individual sectors of the national economy must exist.
Those exceptions (which must be interpreted strictly) can in particular only be granted where the Commission is able to ascertain that such aid is necessary to achieve one of the objectives set out in those provisions. To allow those exceptions to apply to aid which does not involve the achievement of any such objective would be tantamount to permitting disturbance of trade between Member States and distortion of competition without justification having regard to the Community interest and, at the same time, to placing operators in certain Member States at an undue advantage.
In the case in point, the conditions governing the granting of the aid in question do not require that such an objective must be met. The Italian Government has not provided, nor has the Commission identified, any grounds for claiming that the aid in question meets the conditions laid down for any exception provided for in Article 92 (3) of the Treaty to apply.
Aid to promote the execution of an important project of common European interest within the meaning of Article 92 (3) (b) is not involved, particularly as the aid measures in question run counter to the common interest by virtue of the effects they may have on trade.
Nor do the measures remedy a serious disturbance in the economy of the Member State concerned within the meaning of that provision.
As regards the exceptions provided for in Article 92 (3) (a) and (c) to promote or facilitate the economic development of certain areas or of certain economic activities, inasmuch as they involve operating aid the measures in question cannot bring about a lasting improvement in the conditions in the sector or the region concerned.
Accordingly, the aid cannot qualify under any of the exceptions provided for in Article 92 (3) of the Treaty.
The aid in question must therefore be regarded as incompatible with the common market.
However, for the reasons and within the limits set out under point I, the aid provided for in Articles 50 of Law No 25/93 and 21 of Law No 32/91 may until 31 December 1996 continue to qualify under the exception laid down in Article 92 (3) (c) of the Treaty, in accordance with the Decision of 14 December 1992.
V
The aid provided for in Law No 25/93 is illegal pursuant to Article 93 (3) of the Treaty since it was granted before the Commission could state a position on its compatibility with the common market.
In this connection it should be reiterated that in view of the binding nature of the rules of procedure laid down in Article 93 (3) of the Treaty, the direct effect of which has been recognized by the Court of Justice of the European Communities, inter alia, in its Judgments of 19 June 1973 in Case 77/72, Capolongo v. Maya (12) and 21 November 1991 in Case C-354/90, Fédération Nationale du commerce extérieur des produits alimentaires v. French State (13), the illegality of the aid in question cannot be reversed after the event.
By letter of 23 October 1995 the Commission called on the Italian Government to state whether the measures provided for in Law No 25/93 had been applied (since the Regional Law came into force before the Commission could state a position on the aid provided for therein). By letter of 6 December 1995 the Italian authorities informed the Commission that:
- the funds allocated for the aid provided for in Article 44 (Lit 20 000 million over ten years to stabilize the debt situation of commercial enterprises) had become unusable since the provisions in question had not been applied,
- the funds allocated for the aid provided for in Article 90 (Lit 20 000 million for 1993 covering the costs of transporting agricultural produce) had not been used and had become unusable; the regional administration does not appear to have any intention of refinancing this provision.
The abovementioned letter makes no mention of the other provisions of the Regional Law in question. What follows applies, except where stated otherwise, to any sum which may be paid pursuant to the regional provisions at issue.
Where aid measures are incompatible with the common market and in breach of Article 93 (3) of the Treaty, the Commission considers itself duty-bound to avail itself of the possibility provided for in the judgment of the Court of Justice of 12 July 1973 in Case 70/72, Commission v. Germany (14), as confirmed by the Judgments of 24 February 1987 in Case 310/85, Deufil v. Commission (15) and 20 September 1990 in Case C-5/89, Commission v. Germany (16), and to compel the Member State to recover from the recipients any aid granted illegally. In the case in point the sums must be reimbursed in order to reinstate, to the extent possible, the situation obtaining beforehand, by cancelling as from the date of payment the financial advantages unduly enjoyed by the recipient enterprises of aid granted improperly.
In view of the foregoing, aid granted pursuant to Article 44, Article 84 (4) and (5) (as regards that part which exceeds the permissible rates outside less-favoured areas within the meaning of Directive 75/268/EEC) and Articles 85, 86, 90 and 105 of Law No 25/93 must be reimbursed.
Reimbursement must take place in accordance with the procedures laid down by Italian law, interest being payable from the date on which the illegal aid was paid. Such interest is to be calculated on the basis of the commercial rate, by reference to the rate used for calculating the subsidy equivalent for the purposes of regional aid.
As regards the aid measures provided for in Article 103 of Law No 25/93, the following points were taken into account:
- defining the geographical scope of the measure at issue with greater consideration for the environment in accordance with the Commission's practice in assessing programmes for the application of the measures provided for in Regulation (EEC) No 2078/92 would not necessarily bring about a substantial change in the geographical scope of the aid;
- given the way the aid provided for in Article 4 of Law No 23/90 is applied at present, recipients of the aid who do not meet the conditions for the aid to be regarded as compatible with the common market cannot be identified.
In order to avoid jeopardizing the continued positive effects on the environment that the measure may have produced, consideration was given to the advisability of recovering the aid.
Any recovery would have to affect all the recipients of the measure without distinction or be based on selection criteria laid down after the event (the fact of belonging to certain areas and compliance with certain obligations, to be defined), which is likely to produce discrimination. In the former case, recovery is liable to be detrimental as regards the positive effects on the environment achieved by the application of the measure. In the latter case, the balance between the effect of recovery in reinstating the pre-existing situation and the effort necessary, in decision-making and administrative terms, to preclude discrimination as referred to above leads to the conclusion that the repayment of the aid provided for in Article 103 of Law No 25/93 is not called for in the case in point, even though the measures must be regarded as incompatible with the common market for the reasons set out in point I.
This decision is without prejudice to any consequences which the Commission may draw as regards the financing of the common agricultural policy by the European Agricultural Guidance and Guarantee Fund (EAGGF),
HAS ADOPTED THIS DECISION:
Article 1
1. The aid measures provided for in Articles 44, 85, 86, 90, 103 and 105 of Law No 25/93 are illegal since those provisions came into force before the Commission could state a position with regard to their compatibility with the common market. They are also incompatible with the common market having regard to Article 92 (1) of the Treaty and they do not qualify under any of the exceptions provided for in paragraphs 2 and 3 of that Article.
2. The aid provided for in Article 96 of Law No 25/93 may qualify under the exception provided for in Article 92 (2) (b) of the Treaty.
3. Italy shall repeal the aid measures referred to in paragraph 1 within two months of notification of this Decision.
4. Within six months of notification of this Decision, Italy shall take the measures necessary to recover the aid paid pursuant to the regional provisions referred to in paragraph 1. The obligation regarding recovery shall not apply to aid as provided for in Article 103 of Law No 25/93.
5. Recovery shall be undertaken in accordance with the procedures laid down by Italian law, interest being payable from the date on which the illegal aid was paid. The interest shall be calculated on the basis of the commercial rate, by reference to the rate used to calculate the subsidy equivalent for the purposes of regional aid.
Article 2
1. Refinancing of the aid provided for in Article 21 of Law No 32/91 is illegal since the provision providing therefor (Article 50 of Law No 25/93) came into force before the Commission could state a position with regard to its compatibility with the common market.
2. Without prejudice to paragraph 4, the measure referred to in paragraph 1 is incompatible with the common market in accordance with Article 92 (1) of the Treaty and it does not qualify under the derogations provided for in paragraphs 2 and 3 of that Article.
3. Italy shall repeal the aid measures referred to in paragraph 1 by 31 December 1996 at the latest.
4. Aid of up to Lit 6 500 million paid before 31 December 1996 to finance stabilization programmes regarded prior to 31 December 1993 by the regional administration as in conformity with the conditions set out in the Commission Decision of 14 December 1992 is compatible with the common market.
Article 3
1. The aid measures provided for in Article 84 (4) and (5) of Law No 25/93 are illegal since they came into force before the Commission could state a position with regard to their compatibility with the common market.
2. Aid as referred to in paragraph 1 granted outside less-favoured areas within the meaning of Directive 75/268/EEC is incompatible with the common market where it exceeds 45 % pursuant to Article 92 (1) of the Treaty and it does not qualify under any of the derogations provided for in paragraphs 2 and 3 of that Article.
3. Within two months of notification of this Decision, Italy shall repeal the aid measures referred to in paragraph 2. Where such repeal entails adjusting the rates of aid laid down in the regional provisions providing therefor, the rates applicable shall be 45 % until the time-limit set out in the Commission Decision of 23 November 1994 and 35 % thereafter.
4. Within six months of notification of this Decision, Italy shall take the measures necessary to recover that part of the aid referred to in paragraph 2 exceeding the rates referred to in paragraph 3.
5. Recovery shall be undertaken in accordance with the procedures laid down by Italian law, interest being payable from the date on which the illegal aid was paid. Such interest shall be calculated on the basis of the commercial rate, by reference to the rate used to calculate the subsidy equivalent for the purposes of regional aid.
Article 4
1. Italy shall keep the Commission constantly informed of measures adopted to comply with this Decision. The first such report shall be made within two months of notification of this Decision.
2. Within two months of expiry of the time-limit laid down in Articles 1 (4) and 3 (4), Italy shall forward information to the Commission to enable it to ascertain, without further investigation, that the obligation regarding recovery has been discharged.
Article 5
This Decision is addressed to the Italian Republic.
Done at Brussels, 17 July 1996. | [
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COMMISSION REGULATION (EEC) No 1250/78 of 12 June 1978 amending Regulation (EEC) No 1624/76 as regards the additional amount of aid payable for skimmed-milk powder denatured or processed into compound feedingstuffs in the territory of another Member State
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 1038/78 (2), and in particular Article 10 thereof,
Whereas Article 8 (2) of Commission Regulation (EEC) No 1624/76 of 2 July 1976 concerning special arrangements for the payment of aid for skimmed-milk powder denatured or processed into compound feedingstuffs in the territory of another Member State (3), as last amended by Regulation (EEC) No 2724/77 (4), provides that in cases where the amount of aid, expressed in the currency of the Member State of destination, applicable on the day when denaturing or processing into compound feedingstuffs of the skimmed milk takes place is higher than that applicable on the day of export, an amount corresponding to this increase shall be paid by the Member State of destination to the importer on production of evidence that the processing or denaturing took place after the date of application of the new rate of aid;
Whereas in practice the importer does not always himself process the skimmed-milk powder into compound feedingstuffs ; whereas it is economically justified for the supplementary amount to be paid to the person processing the skimmed-milk powder ; whereas it is consequently necessary to amend Regulation (EEC) No 1624/76;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
In the first sentence of Article 8 (2) of Regulation (EEC) No 1624/76, the term "importer" is hereby amended to read "person processing the skimmed-milk powder".
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 June 1978. | [
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*****
COMMISSION REGULATION (EEC) No 720/90
of 22 March 1990
imposing a provisional anti-dumping duty on imports of silicon metal originating in the People's Republic of China
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 11 thereof,
After consultation with the Advisory Committee as provided for in Regulation (EEC) No 2423/88,
Whereas:
A. PROCEDURE
(1) In December 1988 the Commission received a complaint lodged by the Liaison Committee of Ferroalloy Industries in the European Economic Community on behalf of producers representing all Community production of silicon metal and concerning imports of that product originating in China and imported from that country or from Hong Kong.
(2) The complaint contained evidence of dumping and consequent material injury which was judged sufficient to justify the initiation of a proceeding. In a notice published in the Official Journal of the European Communities (2) the Commission accordingly announced the initiation of an anti-dumping proceeding concerning silicon metal falling within CN code 2804 69 00.
(3) The Commission officially advised the exporters and importers known to be concerned and the complainant and gave the parties concerned the opportunity to make their views known in writing.
(4) Only two exporters and a small number of importers made their views known in writing.
(5) Only one processor made comments regarding the possible imposition of an anti-dumping duty.
(6) The Commission sought and verified all the information it deemed necessary for the purposes of making a preliminary determination of dumping and consequent injury. It carried out inspections at the premises of:
(a) all the Community producers:
- Péchiney Electrométallurgie, Paris, France,
- VAW - Vereinigte Aluminium-Werke AG, Bonn, Federal Republic of Germany,
- Carburos Metálicos, Barcelona, Spain,
- Siderleghe Srl, Milan, Italy,
- OET Calusco SpA, Milan, ;
(b) the importer:
- R. Hostombe Ltd, Sheffield, United Kingdom.
(7) The dumping investigation covered the period 1 January to 31 December 1988. The proceeding was extended owing to the difficulty in finding a reference market.
B. THE PRODUCT
(i) Definition
(8) The product is silicon metal produced in an electric arc furnace by reducing silicon quartz with the help of various carbonaceous products.
It is marketed in the form of lumps, grains or powder. There are internationally accepted specifications regarding differences in quality resulting from impurities - iron, aluminium and calcium.
The product covered by this proceeding comes exclusively from China, since silicon metal is not produced in Hong Kong.
(ii) Like product
(9) The same international technical specifications apply both to the imported product referred to in the complaint and to silicon metal produced in the Community. Despite some difference in purity and dimensions between the Chinese product and the Community product, the physical characteristics of the products and their applications are essentially the same. The Community product and the imported product are therefore like products. The parties concerned have not put forward any arguments on this point.
C. NORMAL VALUE
(10) Since China does not have a market economy and since the product in question is not manufactured in Hong Kong, the complainant suggested comparing export prices with prices or costs in a similar country, particularly the United States. However,
the American producers either refused to cooperate with the Commission or failed to provide sufficient information. The Commission therefore contacted producers in three other similar countries, viz. Norway, Canada and Yugoslavia. These producers too either refused to cooperate with the Commission or failed to provide sufficient information. Given these circumstances, the Commission came to the provisional conclusion that it had no choice but to establish the normal value in accordance with Article 2 (5) (c) of Regulation (EEC) No 2423/88, i.e. on the basis of the price payable in the Community for the like product, duly adjusted to include a reasonable profit margin.
D. EXPORT PRICE
(11) Since the Chinese exporters and the importers of the product into the Community failed to provide satisfactory and representative replies, the export price was established provisionally, in accordance with Article 7 (7) (b) of Regulation (EEC) No 2423/88 on the basis of the information available, i.e. the import prices published by Eurostat. The Commission found that this information was very similar to the information supplied by the exporters, which had given partial replies to the Commission's questionnaire.
(12) Since the Hong Kong export prices and those in the Eurostat statistics actually refer to the Chinese product, account was taken, when establishing the export price, of quantities and prices of exports from both China and Hong Kong.
E. COMPARISON
(13) In comparing normal value with export prices, the Commission took account of differences affecting the comparability of prices, and in particular differences in the physical characteristics of the products and in the costs of transport from China to the Community.
The chief differences in the physical characteristics of the products consisted in the grain sizes of the delivered product, its purity and the lower quality packaging. The adjustment took account of costs incurred by the importer as a result of checks on differences in volume, quality and packaging.
(14) All comparisons were made at the fob stage.
(15) The margin was established by comparing the monthly normal value with the corresponding monthly export prices.
F. DUMPING MARGIN
(16) The preliminary examination of the facts showed that imports were being dumped, the dumping margin being equal to the difference between the established normal value and the export price to the Community.
The weighted average dumping margin for the investigation period was 38,73 %.
(17) Since the Hong Kong export prices actually refer to the Chinese product and since the product concerned is not manufactured in Hong Kong, a separate dumping margin was not calculated for Hong Kong.
G. INJURY
1. Imports and market share
(18) Imports into the Community of the product originating in China began in 1987, totalling 7 876 tonnes that year. During 1988 imports rose to 20 214 tonnes, i.e. an increase of 157 % between 1987 and 1988.
The market share of the import product, measured in relation to total consumption in the Community, rose from 0 % in 1986 to 3,6 % in 1987 and 9,3 % in 1988. The market share of the Community industry fell from 44,7 % in 1986 to 37,10 % in 1987, rising only slightly in 1988 to reach 38 %.
2. Price trends
(19) The weighted average prices of imports originating in China charged to their first independent purchasers in the Community were 5,4 % lower than the prices charged by the Community producers to their first purchasers during the reference period. The price was not sufficient to cover the costs of the Community producers.
The comparison takes into account the differences in the physical characteristics of the imported products (see recital 13).
(20) Weighted average prices in the Community fluctuated during 1985 around ECU 1 550 per tonne; they fell in 1986 to ECU 1 364 per tonne. In 1987, weighted average prices reached a low of ECU 1 288 per tonne and remained at that level during 1988, as a result of the Chinese imports.
These dumping prices prevented the Community producers from charging prices which would have covered their production costs and allowed a reasonable profit margin. This margin is lower than the margins attained before the imports from China started.
3. Impact of the imports on the situation of the Community producers
(a) Consumption, production capacity, production, capacity utilization and sales in the Community
(21) Community consumption of the product rose in 1987 by 11,2 % and remained at the same level in 1988.
Over the same period, Community production fell by 5,2 % from 111 321 tonnes in 1987 to 105 522 tonnes in 1988.
(22) In order to improve profitability, the Community producers reduced their production capacity from 146 061 tonnes in 1987 to 134 354 tonnes in 1988, a reduction of 8 %.
(23) Between 1986, the year preceding the penetration of the Community market by the Chinese product, and 1987, utilization of production capacity in the Community fell from 82,5 to 76,2 %, subsequently rising to 78,5 % following the capacity reduction.
(24) Despite restructuring by the Community producers and the increase in consumption referred to above, the Community industry's sales fell by 7,7 % in 1987 and rose by a mere 2 % or so in 1988.
(b) Jobs, profitability
(25) The workforce of the Community industry shrank by 5,4 % in 1987 and by 8,6 % in 1988.
(26) General price trends forced the Community producers to align their prices via a 4,9 % reduction in 1987 and a 1,5 % reduction in 1988.
(27) Except for the Spanish producer, which remains protected during the transitional period by a special customs duty higher than that applicable at the external frontier of the old Community in its composition on 30 December 1985, the Community producers either suffered considerable losses during this period or barely managed to cover their production costs, despite the increased consumption of silicon metal.
Losses sustained by the Community producers ranged from 1 to 13 % during the investigation period.
The Commission found that the Community industry sustained material injury through a substantial loss in profitability.
4. Cause and effect
(28) Since 1987 there has been considerable penetration by silicon metal originating in China at prices significantly lower than Community production costs.
(29) The trend in Community consumption does not explain the growth in imports from China, as may be seen from the figures for 1987 and 1988. The market share of the imported Chinese product more than doubled during those two years while Community consumption grew much more slowly in 1987 and remained constant in 1988.
(30) Moreover, imports from all other non-member countries fell from 59,3 % in 1987 to 52,7 % in 1988.
Imports in the three main non-member importing countries (Norway, South Africa and Brazil) remained stable.
The Commission found that import prices in all the non-member countries were higher than the Chinese prices.
(31) All this evidence led the Commission to conclude that the effects of imports of silicon metal originating in China, considered separately, must be considered to have caused material injury to the Community industry.
I. COMMUNITY INTEREST
(32) Given the material injury sustained by the Community silicon metal industry in terms of profitability and market share, the Commission considers that without measures to deal with the dumped imports, which have been shown to have caused injury, the Community industry is likely to have to cease production. Since silicon metal is a basic product for a number of high-technology industrial sectors and since total dependence on extra-Community supplies must be avoided, the Commission considers that the loss of Community production would have unwelcome consequences for a large section of the Community industry.
(33) Most of the non-member countries which produce silicon metal are far away from the Community market. In additon, account must be taken of the sizeable differences in the quality of the imported product and differences of technology in the non-member countries. The Commission also took into consideration the comments of a consumer-processor, which argued that it could sell its final product at competitive prices only by purchasing dumped imports.
The Commission found, however, that during the investigation period this consumer had purchased only 2,7 % of all its requirements of silicon metal from Chinese suppliers. Moreover, it should be recalled that the price advantages enjoyed by purchasers resulted from unfair practices and that there are no grounds for allowing the continued existence of unfair prices.
(34) The Commission therefore considers that it is in the Community's interest that fair competititon be re-established on the Community market and that the Community producers' interests take priority over those of the consumer-processors purchasing the dumped product.
J. PROVISIONAL ANTI-DUMPING DUTY
(35) To determine the rate of the provisional duty necessary to eliminate the injury, the Commission compared the average import price of the Chinese product with a theoretical selling price at which the Community producers could realize a profit; the average price differential was 14,7 %, i.e. 18,7 % on a cif basis.
In order to determine the theoretical selling price, the production costs of the Community producer considered to be most representative were adjusted by a profit margin of 6,5 %, considered to be the minimum margin guaranteeing the Community producers a reasonable return on investments.
The free-at-Community-frontier price must therefore be raised by this margin in order to eliminate the injury.
(36) In view of the above, the Commission considers that the provisional duty to be imposed should not be equal to the established dumping margin, since a rate of duty lower than the 38,7 % dumping margin would be sufficient to stop the injury attributable to the imports in question.
(37) In this respect the Commission took into account both the level of the import prices concerned, including the importer's margin and customs duties, and a minimum selling price which would allow the Community producers to cover production costs and make a reasonable profit.
(38) Since the investigation showed that the imports recorded in Community statistics as originating in Hong Kong in fact originated in China, a specific anti-dumping duty should not be imposed on the product from Hong Kong and the proceeding against Hong Kong should be terminated.
(39) A time limit should be set for the parties concerned to make known their views in writing and to request a hearing by the Commission,
HAS ADOPTED THIS REGULATION:
Article 1
1. A provisional anti-dumping duty is hereby imposed on imports of silicon metal falling within CN code 2804 69 00 originating in the People's Republic of China.
2. The duty shall be 18,7 % of the net free-at-Community-frontier price before duty.
3. The provisions in force concerning customs duties shall apply.
4. The release for free circulation in the Community of the product referred to in paragraph 1 originating in the People's Republic of China shall be subject to te provison of a security equivalent to the amount of the provisional duty.
Article 2
Without prejudice to Article 7 (4) (b) and (c) of Regulation (EEC) No 2423/88, the parties concerned may make known their views in writing and apply to be heard by the Commission within one month of the entry into force of this Regulation.
Article 3
The proceeding relating to the products imported from Hong Kong is hereby terminated without the imposition of an anti-dumping duty.
Article 4
This Regulation shall enter into force on the day following of its publication in the Official Journal of the European Communities.
Subject to Articles 11, 12 and 14 of Regulation (EEC) No 2423/88, it shall apply for a period of four months, unless the Council adopts definitive measures before that period has elapsed. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 March 1990. | [
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COUNCIL REGULATION (ECSC, EEC, Euratom) No 2615/76 of 21 October 1976 amending Regulation (EEC, Euratom, ECSC) No 259/68 as regards the conditions of employment of other servants of the European Communities
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing a single Council and a single Commission of the European Communities, and in particular Article 24 thereof,
Having regard to the proposal from the Commission, made after consulting the Staff Regulations Committee,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Court of Justice,
Whereas it is for the Council, acting by a qualified majority on a proposal from the Commission after consulting the institutions concerned, to amend the Staff Regulations of officials and conditions of employment of other servants of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (2), as last amended by Regulation (Euratom, ECSC, EEC) No 2577/75 (3);
Whereas, without prejudice to the principles of the Staff Regulations, certain amendments should be made to the conditions of employment of other servants of the European Communities so that they can more aptly be applied to staff paid from the research and investment appropriations;
Whereas the conditions of employment laid down in this Regulation shall only apply to staff paid from the research and investment appropriations and shall not in any circumstances constitute a precedent with regard to employment in the European public service,
HAS ADOPTED THIS REGULATION:
CHAPTER I Amendment of the conditions of employment of other servants of the European Communities
Article 1
The conditions of employment of other servants of the European Communities shall be amended as follows: 1. The last indent of Article 1 shall be repealed.
2. The following paragraph shall be added to Article 2:
"(d) Staff engaged to fill temporarily a permanent post paid from research and investment appropriations and included in the list of posts appended to the budget relating to the institution concerned."
3. The last paragraph of Article 4 shall be repealed.
4. The following paragraph shall be added to Article 8:
"Temporary staff to whom Article 2 (d) applies shall be engaged on the following conditions: - temporary staff in Category A or B required to perform duties necessitating scientific or technical qualifications shall be engaged for not more than five years ; their contracts may be renewed;
- staff in Category A or B required to perform administrative duties shall be engaged for an indefinite period;
- staff in Category C or D shall be engaged for an indefinite or definite period."
5. The following paragraph shall be added to Article 20:
"However, the basic monthly salaries of staff to whom Article 2 (d) applies shall be determined for each grade and step in accordance with the following table: (1)OJ No C 100, 3.5.1976, p. 38. (2)OJ No L 56, 4.3.1968, p. 1. (3)OJ No L 263, 11.10.1975, p. 1.
PIC FILE= "T
6. The following sentence shall be added to the first paragraph of Article 28:
"Article 72 shall also apply to staff referred to in Article 39 (2) who are in receipt of a retirement pension."
7. The following paragraph shall be added to Article 34:
"Where a former servant within the meaning of Article 2 (c) or (d) who was in receipt of a retirement pension or who left the service before reaching the age of 60 years and requested that his retirement pension be deferred until the first day of the calender month following that during which he reached the age of 60 years dies, the persons entitled under the deceased servant, as defined in Chapter 4 of Annex VIII to the Staff Regulations, shall be entitled to the survivor's pension as provided in that Annex."
8. The first sentence of Article 39 (2) shall be replaced by the following:
"On leaving the service, a servant within the meaning of Article 2 (c) or (d) shall be entitled to a retirement pension or severance grant as provided for in Title V, Chapter 3 of the Staff Regulations and Annex VIII to the Staff Regulation;"
9. Article 47 (2) (a) shall be replaced by the following:
"(a) At the end of the period of notice stipulated in the contract ; the length of the period of notice shall not be less than two days for each completed month of service, subject to a minimum of 15 days and a maximum of three months. In the case of a servant within the meaning of Article 2 (d) the period of notice shall not be less than one month for each completed year of service, subject to a minimum of three months and a maximum of 10 months. The period of notice shall not, however, commence to run during maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during maternity or sick leave subject to the limits aforesaid."
10. Articles 84 to 98 shall be repealed.
CHAPTER II Transitional provisions
Article 2
1. A member of the establishment or local staff paid from the research and investment appropriations who is in service on the date on which this Regulation comes into force shall be offered a contract by the authority referred to in the first paragraph of Article 6 of the conditions of employment of other servants of the European Communities in accordance with Title II of these conditions of employment.
The contract shall take effect on the said date.
2. The person concerned shall be assigned to a post in accordance with Article 10 of the conditions of employment.
He shall receive a basic salary such as will ensure that his net remuneration is at least equal to the net remuneration which he received before the new contract was concluded.
For the purpose of implementing this Chapter the remuneration to which the person concerned would be entitled under the former conditions of employment shall be one-twelfth of his total annual remuneration, less Community tax and his contributions to national pension and social security schemes.
The family allowances which are taken into account for the purpose of implementing the above provisions shall be those which under the former conditions of remuneration the servant would have received for the first month following the conclusion of the new contract if his situation as to dependants had been the same at that time as during the month in question.
3. Establishment and local staff engaged pursuant to this Article as temporary staff within the meaning of Article 2 (d) of the conditions of employment of other servants of the European Communities shall not be required to serve the probationary period referred to in Article 14 of the said conditions of employment.
4. In the case of establishment and local staff who are in service on the date on which this Regulation comes into force, calculation of the length of service referred to in the first paragraph of Article 77 of the Staff Regulations shall take account of the number of years of service that staff engaged pursuant to paragraph 1 above have completed as establishment or local staff.
However, only the number of years of service completed by staff as temporary staff within the meaning of Article 2 (d) shall be taken into account for the purpose of calculating the years of pensionable service within the meaning of Article 2 of Annex VIII to the Staff Regulations.
5. The contract of any member of establishment or local staff who does not accept the offer made under paragraph 1 within six months shall be terminated. In this event the person in question shall be entitled to the period of notice specified in Article 98 (2) of the conditions of employment of other servants of the European Communities or in the relevant Article of the rules governing the conditions of employment of local staff.
CHAPTER III Final provisions
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 21 October 1976. | [
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COMMISSION REGULATION (EC) No 1597/2005
of 29 September 2005
on the issuing of export licences for wine-sector products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 883/2001 of 24 April 2001, laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector (1), and in particular Article 7 and Article 9(3) thereof,
Whereas:
(1)
Article 63(7) of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (2), limits the grant of export refunds for wine-sector products to the volumes and expenditure contained in the Agreement on Agriculture concluded during the Uruguay Round multilateral trade negotiations.
(2)
Article 9 of Regulation (EC) No 883/2001 lays down the conditions under which the Commission may take specific measures to prevent an overrun of the quantity laid down or the budget available under the said Agreement.
(3)
On the basis of information on export licence applications available to the Commission on 28 September 2005, the quantity still available for the period until 15 November 2005, for destination zone (2) Asia, referred to in Article 9(5) of Regulation (EC) No 883/2001, could be exceeded unless the issue of export licences with advance fixing of the refund is restricted. Therefore, a single percentage for the acceptance of applications submitted from 21 to 27 September 2005 should be applied and the submission of applications and the issue of licences suspended for this zone until 16 November 2005,
HAS ADOPTED THIS REGULATION:
Article 1
1. Export licences with advance fixing of the refund for wine-sector products for which applications are submitted from 21 to 27 September 2005 under Regulation (EC) No 883/2001 shall be issued in concurrence with 61,95 % of the quantities requested for zone (2) Asia.
2. The issue of export licences for wine-sector products referred to in paragraph 1 for which applications are submitted from 28 September 2005 and the submission of export licence applications from 30 September 2005 for destination zone (2) Asia shall be suspended until 16 November 2005.
Article 2
This Regulation shall enter into force on 30 September 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 September 2005. | [
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Commission Regulation (EC) No 2324/2002
of 23 December 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 1947/2002(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 24 December 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 December 2002. | [
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*****
COMMISSION DECISION
of 14 December 1987
amending Decisions 84/73/EEC instituting on the island of Lesbos, prefecture of Lesbos, Greece, a pilot action in preparation for the integrated Mediterranean programmes and 86/39/EEC instituting in the prefecture of Grevena, Greece, a pilot action in preparation for the integrated Mediterranean programmes
(Only the Greek text is authentic)
(88/207/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Whereas the Council has adopted Regulation (EEC) No 2088/85 (1) concerning the integrated Mediterranean programmes;
Whereas, by Decision 84/73/EEC (2), as last amended by Decision 86/42/EEC (3), the Commission instituted a pilot action on the island of Lesbos;
Whereas, by Decision 86/39/EEC (4), the Commission instituted a pilot action in the prefecture of Grevena;
Whereas Article 2 of those Decisions stipulates that the implementation of the pilot actions is to be reviewed at regular intervals by the Commission in consultation with the Member State concerned so that it may be decided whether, and in which aspects, the items set out in Annex 1 should be modified;
Whereas it has emerged from further contacts with the competent national authorities that Decision 84/73/EEC and Decision 86/39/EEC should be revised as regards the timetable of implementation of certain particular operations,
HAS ADOPTED THIS DECISION:
Article 1
In Annex 1 to Decision 84/73/EEC, point 5, 'Timetable', 'From December 1983 to December 1986', is hereby replaced by 'From December 1983 to December 1987'.
Article 2
In Annex 1 to Decision 86/39/EEC, point 4, 'Timetable', 'From December 1985 to December 1986', is hereby replaced by 'From December 1985 to December 1987'.
Article 3
This Decision is addressed to the Hellenic Republic.
Done at Brussels, 14 December 1987. | [
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Commission Regulation (EC) No 2042/2001
of 18 October 2001
amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis and the Additional Note in Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 35(a) thereof,
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(3), as last amended by Commission Regulation (EC) No 1783/2001(4), and in particular Article 9 thereof,
Whereas:
(1) Commission Regulation (EEC) No 2568/91 of 11 July 1991 on the characteristics of olive oils and olive-residue oils and on the relevant methods of analysis(5), as last amended by Regulation (EC) No 455/2001(6), defines the physical, chemical and organoleptic characteristics of olive oils and olive-residue oils and the methods for evaluating these characteristics.
(2) The olive varieties and conditions under which they are harvested in Morocco may produce virgin olive oils with a linolenic acid content above the 0,9 % limit laid down in Community legislation.
(3) Article 1(8) of Regulation (EC) No 2568/91 and Table I in Additional Note 2 in Chapter 15 of the Combined Nomenclature contained in Annex I to Regulation (EEC) No 2658/87 provide for a maximum linolenic acid content of 1,0 % in the case of virgin oils from Morocco falling within subheadings 1509 10 10 and 1509 10 90 for the 1998/1999 to 2000/2001 marketing years.
(4) Pending a review of the characteristics and methods of analysis that must be conducted in order to apply the new names and definitions provided for in Regulation (EEC) No 136/66/CEE and applicable from 1 November 2003, the existing arrangements should be extended by amending Regulations (EEC) Nos 2568/91 and 2658/87.
(5) The Management Committee for Oils and Fats has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 1(8) of Regulation (EEC) No 2568/91 the words "1998/1999 to 2000/01 marketing years" are replaced by "1998/1999 to 2002/03 marketing years".
Article 2
The date "31 October 2001" in Table 1 in Additional Note 2 to Chapter 15 of the Combined Nomenclature contained in Annex I to Regulation (EEC) No 2658/87 is replaced by "31 October 2003".
Article 3
This Regulation shall enter into force on 1 November 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 October 2001. | [
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Commission Decision
of 25 November 1998
on State aid granted by Italy to Enirisorse SpA
(notified under document number C(1998) 3866)
(Only the Italian text is authentic)
(Text with EEA relevance)
(2000/334/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93(2) thereof,
Having called on interested parties to submit their comments pursuant to the provisions cited above(1),
Whereas:
I
By letter dated 13 January 1996 the Commission informed the Italian Government of its decision to initiate the Article 93(2) procedure in respect of aid granted in the form of a capital injection by ENI to the sub-holding Enirisorse SpA (hereinafter referred to as "Enirisorse"). Enirisorse was wholly owned by the Italian State holding company ENI, which in turn at the time of the events in question was controlled by the Italian Government through the Ministry of the Treasury, the majority shareholder.
Background
By Decision 98/212/EC(2) the Commission terminated proceedings concerning the injection of capital into Enirisorse by ENI between 1992 and 1996. The capital injections, which were part of a restructuring plan, amounted to a total of ITL 1819 billion. The Decision was notified to Italy by letter of 2 May 1997.
In Decision 98/212/EC the Commission found that the capital injections amounting to ITL 1819 billion were compatible with the common market and the EEA Agreement pursuant to Article 92(3)(c) of the EC Treaty and Article 61(3)(c) of the EEA Agreement, provided that the Italian Government complied with certain conditions. The main conditions, for the purposes of the present Decision, were as follows:
- Italy was to honour the commitment to complete the restructuring plan by privatising the companies and production sites of Enirisorse and liquidating it completely by 31 December 1998,
- the income from privatisation was to be used to cover any further liquidation costs,
- the Italian Government was to set up a procedure to monitor the implementation of the Decision.
The first half-yearly report reached the Commission on 11 November 1997. It showed that the sale of Pertusola Sud, one of the remaining companies owned by Enirisorse SpA which manages a zinc-production plant in Crotone, had not yet taken place, contrary to the restructuring plan notified by Italy and approved by the Commission.
The problems surrounding Pertusola Sud had been of major importance in Decision 98/212/EC. At the time, Italy had said that the company would be closed down or sold to an interested buyer by the end of 1997. In the second scenario, the buyer was to convert the production complex from zinc to nickel. These were the terms in which the closure or sale of Pertusola Sud appeared in the restructuring plan for Enirisorse, notified to the Commission and restated in Decision 98/212/EC.
Given that the Enirisorse's operating losses for 1997 were apparently attributable to the activities of Pertusola Sud, the Commission counted on the closure or sale of the company to a private buyer in order to achieve the ultimate aim of the restructuring plan, i.e. the final liquidation of Enirisorse.
The same report revealed that in 1997 ENI had given Enirisorse fresh capital injections amounting to ITL 133 billion. This new capital was used partly to cover the operating costs of Pertusola Sud and the cost of liquidating Enirisorse. The new capital injections were not provided for in the restructuring plan notified to the Commission and therefore were not taken into consideration in Decision 98/212/EC. The new capital injections were not notified to the Commission and were therefore made illegally.
The Commission therefore had to examine these new capital injections as new aid measures, illegal because granted in breach of the prior notification pursuant to Article 93(3) of the Treaty.
As it had on the basis of the information gathered in the first stage of its investigations, the Commission came to the conclusion that the capital injections carried out by ENI in 1997 were unlikely to yield a sufficient financial return, given that Enirisorse would be liquidated very soon. Therefore, it could not be claimed that ENI was acting as a private investor. In any case, Enirisorse had suffered serious losses for over five years; a private investor would have restructured or liquidated the company much sooner, in order to avoid prolonged losses.
The Commission had serious doubts as to the compatibility of the capital injections with the common market, since they did not seem to qualify for the derogations under Article 92(2) and (3) of the Treaty. It therefore decided to initiate the Article 93(2) procedure in respect of the new capital injections.
II
Following publication of the notice on the initiation of the procedure(3) by letter of 6 April 1998 the Government of the United Kingdom submitted its own comments in support of the Commission's arguments. The UK authorities said that, given the financial situation of Enirisorse, the new capital injections made by ENI were inconsistent with the action of a private investor.
By letter of 4 May 1998 the company Union Minière, a zinc producer and direct competitor of Pertusola Sud, submitted its comments, also in support of the Commission's arguments. Union Minière said that the new capital injections given to Enirisorse concerning the financial years 1997 and 1998 intended to cover the losses of its subsidiary Pertusola Sud constituted State aid which was not notified and therefore illegal. The new aid clearly and unduly distorted competition in the market in zinc, already suffering from structural overcapacity.
No other Member State or interested party submitted comments to the Commission. The comments of the United Kingdom and Union Minière were forwarded to the Italian Government by letter of 28 May 1998.
III
In its reply to the letter initiating the procedure and to the abovementioned comments by third parties, the Italian Government challenged both the Commission's Decision to initiate the procedure and the comments by the third parties, in so far as:
- the capital injection in question amounting to ITL 133 billion was notified to the Commission as part of the monitoring procedure provided for in Decision 98/212/EC,
- of the total ITL 134 billion, ITL 34 billion were intended to cover losses of Pertusola Sud, while the remaining ITL 99 billion served to cover costs relating to Enirisorse. The ITL 99 billion was used to help complete the restructuring plan approved by the Commission; this further injection of ITL 99 billion should be considered as in effect authorised, even though it was not formally included in the aid provided for in the plan, given that the Commission had stipulated, in Article 3(b) of Decision 98/212/EC, that Italy should communicate any further liquidation costs,
- the amounts (ITL 99 billion) intended to cover the costs of liquidating and closing down an undertaking cannot possibly distort competition since the recipients are undertakings which are permanently ceasing their activities and leaving the market.
With regard to the ITL 34 billion paid to Pertusola Sud, the Italian Government recognises the fact that Enirisorse gave capital injections totalling ITL 34 billion to Pertusola Sud in 1997 in order to compensate the company's losses. However, it goes on to state that:
- when the Commission adopted Decision 98/212/EC, it knew that Pertusola Sud was to lose ITL 48 billion that year. Therefore, by imposing the sale or closure of Pertusola by the end of 1997, the Commission implicitly approved continuation of activities up to that date and the consequent compensation of losses accumulated in 1997,
- the Pertusola Sud plant is situated near Crotone in an area which qualifies for regional aid under Article 92(3)(a) of the Treaty; the aid in question should therefore be considered compatible with the common market in the light of those Treaty provisions.
IV
Enirisorse was set up in 1991 as a non-operating holding company, intended to optimise the economic and financial resources of the ENI Group and with the basic objective of entrusting the administration of the Group's holdings, mainly in mining activities, to a single centre of responsibility. In fact, ENI and its shareholder at the time (the Ministry of the Treasury) decided in 1991 to pull out of the non-core business so as to make the core business profitable again by separating it from loss-making activities. The ultimate aim was to privatise the holding company Enirisorse.
To that end, Enirisorse formulated a plan of one-off aid measures including, for the purposes of this Decision, closure of the Pertusola Sud plant by the end of 1997, or sale to an interested buyer who would turn the complex into a production unit for nickel.
At the end of the five-year period 1992 to 1996, Enirisorse had received from its sole shareholder, ENI, capital injections of ITL 1 819 billion for the purpose of implementing the plan. In its Decision 98/212/EC the Commission found that this aid was compatible, subject to the terms and conditions set out in the notified restructuring plan. In the same period, Enirisorse also expected to receive about ITL 840 billion from the sale of companies and areas of business.
V
Whether the capital injections constitute State aid
In order to assess whether the capital injections totalling ITL 133 billion constitute State aid, the Commission examines the flow of capital between the Italian State, the main shareholder at the time, and Enirisorse in the light of the market economy investor principle as set out in the Commission's communication to the Member States on public undertakings in the manufacturing sector(4). According to this principle, State aid is involved if the financial transaction would not have been undertaken by a private investor operating under normal market economy conditions.
As the time of the events in question, i.e. 1997, alongside the Italian State, which was by far the largest shareholder, other private investors held shares in ENI. Nevertheless the Ministry of the Treasury, which held most of the shares in ENI at the time, played a leading strategic role in determining the Group's business decisions.
The capital injection of ITL 133 billion, the subject of the initiation of the procedure, was financed by proceeds that would otherwise have benefited ENI's shareholders, in particular its controlling shareholder, the Italian State. Consequently, the funds which ENI made available to Enirisorse must be considered State resources within the meaning of Article 92(1) of the Treaty.
The Commission has good reason to suppose that the capital injections made by ENI totalling ITL 133 billion will yield an insufficient, or rather non-existent financial return, given that the measures consist basically in covering the losses of a company, Pertusola Sud, which should already have been liquidated, and unspecified liquidation costs which the Commission does not see why ENI should undertake, unless it has a specific legal obligation to do so.
If there is no such legal obligation, which it was up to the Italian State to prove, ENI's conduct does not conform to that of a private investor operating under market economy conditions, since it could not count on a profitable return in proportion to the amount of the capital injection, and in fact would have to give up hope of even the smallest return on the investment, given the decision to liquidate Enirisorse in any case by 31 December 1998.
It certainly cannot therefore be claimed that ENI acted as a private investor when it decided to make further, fresh capital injections of ITL 133 billion. A private operator would have liquidated Enirisorse, limiting the liquidation costs as much as possible and taking action only if it had a specific legal obligation to do so. From the evidence at its disposal, the Commission must conclude that ENI did not act in response to a legal obligation connected with the normal procedures for liquidating a company.
The measures in question therefore constitute State aid.
VI
The illegality of the State aid
As to the legality of the aid in question, in its reply to the initiation of the procedure the Italian Government maintains that the injection of ITL 133 billion was notified to the Commission as part of the monitoring procedure provided for in Decision 98/212/EC.
The Commission must point out in this regard that the information concerning the new capital injection, one among the many items of information sent to the Commission in the context of the monitoring procedure, should have been notified formally, since this was new aid, not included in the amounts authorised in Decision 98/212/EC. In any case, the Italian authorities did not comply with the obligation to give prior notice before implementing the aid, as stipulated by the Court of Justice, in particular in its judgment in Case 120/73 Lorenz v Germany(5).
The Italian authorities themselves agree that the new injection of ITL 133 billion was not included in the ITL 1819 billion authorised by the Commission. However, they claim that, of the ITL 133 billion, ITL 99 billion was used to help complete the restructuring plan approved by the Commission. The further injection of ITL 99 billion should be considered as in effect authorised, even though it was not formally included in the aid provided for in the plan, given that the Commission had stipulated, in Article 3(b) of Decision 98/212/EC, that Italy should communicate any further liquidation costs.
The Commission cannot accept this argument in so far as Article 2 of Decision 98/212/EC expressly stipulated that the proceeds of privatisation of Enirisorse could not be used by ENI to invest in other companies owned by ENI, but had to be used to defray any further liquidation costs of Enirisorse. This means that, although the Commission might have foreseen further liquidation costs at the time it adopted its Decision, it was clear from the wording of this Article that, as far as the Commission was concerned, any such costs were to be met using revenue from the privatisation of Enirisorse's companies, certainly not using new State aid in the form of fresh capital injections, as was in fact the case.
There is also no basis to the claim by the Italian authorities that the Commission, knowing that Pertusola Sud would lose a further ITL 48 billion in 1997 and having accepted that it would close by 31 December 1997, implicitly authorised the compensation of those losses.
The fact that the Commission was aware that Pertusola Sud was to suffer further losses does not in any way imply that it approved new aid to cover such losses. It was entirely reasonable, as may be seen from Decision 98/212/EC, that Enirisorse should have compensated the losses of Pertusola Sud using revenue from privatisations carried out in the medium term, or at least using the holding company's own internal funds, without having recourse to a new and absolutely unplanned injection of capital, as was in fact the case.
The measures in question therefore constitute illegal State aid in so far as they were not notified by Italy to the Commission before being granted and, a fortiori, were not authorised by the Commission pursuant to Article 93(3) of the Treaty.
VII
Compatibility of the aid with the common market
As to the compatibility of the aid, the Italian Government maintains first of all that the amounts intended to cover the costs of liquidating and closing down an undertaking cannot possibly distort competition in the common market or affect trade between Member States, since the recipients are undertakings which are permanently ceasing their activities and leaving the market.
This claim has no basis in the present case. It is directly contradicted by the comments of Union Minière, a competitor of Pertusola Sud, which complains that the aid allowed the company to remain active on the zinc market, thus distorting competition with other zinc producers.
In this case, the companies which benefited directly or indirectly from the aid in question are still active on the market, often still producing, as in the case of Portovesme and Pertusola Sud which, although put into liquidation a few months ago, is still an active zinc producer. Without the aid in question it would have had to be sold or closed down some time ago.
Therefore, the argument put forward by the Italian authorities cannot be accepted, since the liquidation costs in question have had direct or indirect repercussions on companies still active on the market.
Italy also claims that, in any case, the Pertusola Sud plant is situated near Crotone in an area which qualifies for regional aid under Article 92(3)(a) of the Treaty. The aid in question should therefore be considered compatible with the common market in the light of those Treaty provisions.
The Commission would point out in this regard that Article 92(3)(a) of the Treaty allows the Commission, in derogation from the ban on State aid which affects trade between Member States and distorts competition, to declare as compatible with the common market, "aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment, where such aid does not adversely affect trading conditions to an extent contrary to the common interest".
In this context the Commission has authorised regional aid, having established the viability of the company involved. In other words, regional aid is authorised in so far as it can effectively bring an advantage to the region, almost always in terms of employment, linked to the viability over time of the undertaking receiving the aid. In any case it is clear, as confirmed by successive Court judgments (see, most recently, the judgment of the Court of First Instance in Joined Cases T-126/96 and T-127/96 EFIM and BFM v Commission(6) that the Commission cannot, even in the context of the application of Article 92(3)(a), waive consideration of the Community interest, i.e. it must never confine itself to verifying the regional specificity of the measures involved without assessing their impact at Community level.
In the case in point, Italy simply invokes a regional derogation for a company in liquidation, with no prospect of any viability even in the medium term. This means that the capital injection can lead to no concrete advantage in terms of employment, since the Italian authorities themselves acknowledge that in any case Pertusola Sud, already in liquidation, will close by 31 December 1998.
Nor does the measure in question appear to serve any regional policy purpose, since aid to liquidate companies cannot be said to be aimed at "promoting the economic development" of an area. It is, in fact, a further measure aimed at keeping Pertusola Sud active on the market at all costs for another few months, with no industrial, economic or regional logic behind it.
Therefore, as far as the cited provisions of Article 92(3)(a) are concerned, the Commission must conclude that the ad hoc aid measures in question were not taken as part of a government strategy effectively promoting regional development, such as would qualify for the derogation in question. The case file does not even show that the aid was granted to create jobs in an assisted area. On the contrary, all the evidence suggests that these are ad hoc measures aimed at the industrial survival at all costs of companies still controlled by Enirisorse, and in particular Pertusola Sud.
As to possible compatibility of the new aid under Article 92(3)(c) of the Treaty, the Commission would stress that this provision was not directly cited by the Italian authorities during the procedure. However, the Commission would repeat that State aid may qualify for this derogation provided that it does not adversely affect trading conditions to an extent contrary to the common interest. As for restructuring aid, the only aid which might possibly be cited in the present case, the Community guidelines on State aid for rescuing and restructuring firms in difficulty(7) state that this type of aid is extraordinary and cannot be renewed, unless this is justified by exceptional circumstances. In this case the aid in question, which was new and in addition to the aid already authorised by Decision 98/212/EC, goes against the "one-off" condition, since there are no new, exceptional circumstances which might justify authorisation by the Commission.
VIII
On the basis of the above considerations, the Commission concludes that the aid in the form of capital injections of ITL 133 billion, questioned in the decision to initiate the procedure, does not qualify for any of the derogations under Article 92(3)(a), (b) or (c) in so far as it is not intended to promote the economic development of areas where the standard of living is abnormally low or to restructure undertakings which are to be closed down soon and in any case before 31 December 1998.
When it initiated the procedure, the Commission reminded the Italian authorities that any aid granted illegally is liable to be followed by a Commission decision requiring the Member State in question to recover it, and, in this case, the Commission considers it necessary to recover the aid in order to restore the fair competition which prevailed before it was granted,
HAS ADOPTED THIS DECISION:
Article 1
The State aid granted by Italy in 1997 to Enirisorse SpA in the form of capital injections totalling ITL 133 billion is incompatible with the common market.
Article 2
1. Italy shall take all necessary measures to recover from Enirisorse SpA the aid which has already been unlawfully paid.
2. Recovery shall be effected in accordance with the procedures of Italian law. The amounts to be recovered shall include interest from the date on which the aid was paid to Enirisorse until the date on which it is effectively recovered. The interest shall be calculated on the basis of the reference rate used to calculate the net grant equivalent of regional aid.
Article 3
Italy shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.
Article 4
This Decision is addressed to the Italian Republic.
Done at Brussels, 25 November 1998. | [
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Commission Regulation (EC) No 2179/2003
of 12 December 2003
fixing the export refunds on beef and veal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), and in particular Article 33(12) thereof,
Whereas:
(1) Article 33 of Regulation (EC) No 1254/1999 provides that the difference between prices on the world market for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund.
(2) Commission Regulations (EEC) No 32/82(2), (EEC) No 1964/82(3), (EEC) No 2388/84(4), (EEC) No 2973/79(5) and (EC) No 2051/96(6), lay down the conditions for granting special export refunds on certain cuts of beef and veal and certain preserved beef and veal products, and for certain destinations.
(3) It follows from applying those rules and criteria to the foreseeable situation on the market in beef and veal that the refund should be as set out below.
(4) With regard to live animals, for reasons of simplification export refunds should no longer be granted for categories with insignificant trade with third countries. Moreover, in the light of the general concern of animal welfare, export refunds for live animals for slaughter should be limited as much as possible. Consequently, export refunds for such animals should only be granted for third countries which for cultural and/or religious reasons traditionally import substantial numbers of animals for domestic slaughter. As to live animals for reproduction, in order to prevent any abuse, export refunds for pure-bred breeding animals should be limited to heifers and cows of no more than 30 months of age.
(5) Export refunds should be granted for certain destinations on some fresh or chilled meat listed in the Annex under CN code 0201, on some frozen meat listed in the Annex under CN code 0202, on some meat or offal listed in the Annex under CN code 0206 and on some other prepared or preserved meat or offal listed in the Annex under CN code 1602 50 10.
(6) In the case of meat of bovine animals, boned or boneless, salted and dried, there are traditional trade flows to Switzerland. To allow this trade to continue, the refund should be set to cover the difference between prices on the Swiss market and export prices in the Member States.
(7) In the case of certain other cuts and preserves of meat or offal shown in the Annex under CN codes 1602 50 31 to 1602 50 80, the Community presence of international trade may be maintained by granting a refund corresponding to that at present available.
(8) In the case of other beef and veal products, a refund need not be fixed since the Community's share of world trade is not significant.
(9) Commission Regulation (EEC) No 3846/87(7) establishes the agricultural product nomenclature for the purposes of export refunds. The refunds are set on the basis of the product codes as defined in that nomenclature.
(10) In order to simplify customs export formalities for operators, the refunds on all frozen cuts should be brought into line with those on fresh or chilled cuts other than those from adult male bovine animals.
(11) Checks on products covered by CN code 1602 50 should be stepped up by making the granting of refunds on these products conditional on manufacture under the arrangements provided for in Article 4 of Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products(8).
(12) Refunds should be granted only on products that are allowed to move freely in the Community. Therefore, to be eligible for a refund, products should be required to bear the health mark laid down in Council Directive 64/433/EEC(9), Council Directive 94/65/EC(10) and Council Directive 77/99/EEC(11), respectively.
(13) Pursuant to Article 6(2) of Regulation (EEC) No 1964/82, the special refund is to be reduced if the quantity of boned meat to be exported amounts to less than 95 %, but not less than 85 %, of the total weight of cuts produced by boning.
(14) The negotiations on the adoption of additional concessions, held within the framework of the Europe Agreements between the European Community and the associated central and eastern European Countries, aim in particular to liberalise trade in products covered by the common organisation of the market in beef and veal. To this end, it was decided to abolish export refunds on products intended for export to Estonia, Latvia, Lithuania, Hungary, Romania and Slovakia. These countries should therefore be excluded from the list of destinations giving rise to the grant of a refund, while ensuring that the abolition of refunds for these countries may not lead to the creation of a differentiated refund for exports to other countries.
(15) In view of the accession on 1 May 2004 of 10 new Member States to the European Union, and in order to avoid speculation involving refunds on beef and veal exports to some of those countries which have not been excluded from the list of destinations eligible for refunds as a result of the abovementioned Europe Agreements, refunds for exports to those countries of products which are not normally traded should be abolished. The Czech Republic and Slovenia should therefore be completely excluded from the list of destinations giving rise to the grant of refunds. In addition, Poland should be excluded for products other than those falling within product codes 0102 10 10 91/40 and 0102 10 30 91/40, Cyprus should be excluded for products other than those falling within product code 0202 30 90 92/00 and Malta should be excluded for products other than those falling within product codes 0201 30 00 91/00, 0201 30 00 91/20 and 0202 30 90 92/00. The abolition of the refunds for those countries should not lead to the creation of a differentiated refund for exports to other countries.
(16) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. The list of products on which export refunds as referred to in Article 33 of Regulation (EC) No 1254/1999 are granted and the amount thereof and the destinations shall be as set out in the Annex to this Regulation.
2. The products must meet the relevant health marking requirements of:
- Chapter XI of Annex I to Directive 64/433/EEC,
- Chapter VI of Annex I to Directive 94/65/EC,
- Chapter VI of Annex B to Directive 77/99/EEC.
Article 2
In the case referred to in the third subparagraph of Article 6(2) of Regulation (EEC) No 1964/82 the rate of the refund on products falling within product code 0201 30 00 91/00 shall be reduced by EUR 14,00/100 kg.
Article 3
The fact of not setting an export refund for Estonia, Lithuania, Latvia, Hungary, Romania, Slovakia, the Czech Republic, Slovenia, Poland, Malta and Cyprus shall not be deemed to constitue a differentiation of the refund.
Article 4
This Regulation shall enter into force on 15 December 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 2132/2003
of 4 December 2003
amending Regulation (EC) No 2799/1999 laying down detailed rules for applying Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products(1), and in particular Article 10 thereof,
Whereas:
(1) In accordance with Article 26 of Commission Regulation (EC) No 2799/1999(2), intervention agencies have organised a standing invitation to tender for skimmed-milk powder taken into storage before 1 May 2002.
(2) In view of the quantity still available and the market situation, that date should be amended to 1 June 2002.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 26(2) of Regulation (EC) No 2799/1999, "1 May 2002" is hereby replaced by "1 June 2002".
Article 2
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.
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Commission Regulation (EC) No 1453/2003
of 14 August 2003
fixing the maximum reduction in the duty on sorghum imported in connection with the invitation to tender issued in Regulation (EC) No 699/2003
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 1104/2003(2), and in particular Article 12(1) thereof,
Whereas:
(1) An invitation to tender for the maximum reduction in the duty on sorghum imported into Spain was opened pursuant to Commission Regulation (EC) No 699/2003(3).
(2) Pursuant to Article 5 of Commission Regulation (EC) No 1839/95(4), as last amended by Regulation (EC) No 2235/2000(5), the Commission, acting under the procedure laid down in Article 23 of Regulation (EEC) No 1766/92, may decide to fix a maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 6 and 7 of Regulation (EC) No 1839/95 must be taken into account. Whereas a contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.
(3) The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum reduction in the import duty being fixed at the amount specified in Article 1.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For tenders notified from 8 to 14 August 2003, pursuant to the invitation to tender issued in Regulation (EC) No 699/2003, the maximum reduction in the duty on sorghum imported shall be 18,75 EUR/t and be valid for a total maximum quantity of 7000 t.
Article 2
This Regulation shall enter into force on 15 August 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 August 2003. | [
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COMMISSION REGULATION (EEC) No 3234/81 of 12 November 1981 amending Regulation (EEC) No 1380/81 laying down detailed rules for the application of the slaughtering premium for adult bovine animals
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 870/77 of 27 April 1977 authorizing the Member States to grant a premium for the slaughter of certain adult bovine animals for slaughter during the 1977/78 marketing year (1), and in particular Article 4 thereof,
Whereas detailed rules for the application of Regulation (EEC) No 870/77 were fixed by Commission Regulation (EEC) No 1380/81 (2) ; whereas these rules provide that an amount equal to the premium shall be deducted from the buying-in price in cases where meat from adult bovine animals on which the premium has been granted is offered for intervention in the United Kingdom;
Whereas meat may be bought in by intervention agencies in presentations other than carcases, half-carcases and compensated quarters ; whereas an adjustment must be made to the amount to be deducted from the buying-in price in such cases;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
The following subparagraph is hereby added to Article 5 (2) of Regulation (EEC) No 1380/81:
"Where the meat bought in by intervention agencies is not in the form of carcases, half-carcases or compensated quarters, the amount to be deducted shall be that fixed for carcases multiplied by the coefficient used to calculate the buying-in price of meat presented other than as carcases."
Article 2
This Regulation shall enter into force on 16 November 1981.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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POLITICAL AND SECURITY COMMITTEE DECISION EUPOL KINSHASA/1/2004
of 9 December 2004
concerning the appointment of the Head of Mission of the EU Police Mission in Kinshasa (DRC), EUPOL ‘Kinshasa’
(2004/931/CFSP)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union and in particular Article 25(3) thereof,
Having regard to Council Joint Action 2004/847/CFSP of 9 December 2004 on the launching of the EU Police Mission in Kinshasa (DRC) (1), and in particular Article 5 and 8 thereof,
Whereas:
(1)
Articles 5 and 8 of Joint Action 2004/847/CFSP provides that the Council authorises the Political and Security Committee to take the relevant decisions in accordance with Article 25 of the Treaty on European Union, including the powers to appoint, upon a proposal by the Secretary-General/High Representative, a Head of Mission.
(2)
The Secretary-General/High Representative has proposed the appointment of Mr Adílio CUSTÓDIO,
HAS DECIDED AS FOLLOWS:
Article 1
Mr Adílio CUSTÓDIO is hereby appointed Head of Mission of the EU Police Mission in Kinshasa (DRC) regarding the Integrated Police Unit (IPU) (EUPOL Kinshasa) from the day the mission will be launched. Until that date, he shall act as the Head of the Planning Team.
Article 2
This Decision shall take effect on the day of its adoption.
It shall apply until 31 December 2005.
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COMMISSION REGULATION (EC) No 295/2007
of 20 March 2007
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 21 March 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 March 2007. | [
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COMMISSION REGULATION (EC) No 1543/2006
of 12 October 2006
amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council and as amended by Regulation (EC) No 910/2006
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 2111/2005 of the European Parliament and the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/CE (1) (hereinafter referred to as ‘the basic Regulation’), and in particular Article 4 thereof,
Whereas:
(1)
The Commission adopted Regulation (EC) No 474/2006 of 22 March 2006 establishing the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council (2).
(2)
The Commission adopted Regulation (EC) No 910/2006 of 20 June 2006 amending Regulation (EC) No 474/2006 of 22 March 2006 establishing the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council (3).
(3)
In accordance with Article 4(2) of the basic Regulation and Article 2 of Commission Regulation (EC) No 473/2006 of 22 March 2006 laying down implementing rules for the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council (4), a Member State requested to update the Community list.
(4)
In accordance with Article 4(3) of the basic Regulation, Member States communicated to the Commission information that is relevant in the context of updating the Community list. On this basis, the Commission should decide to update the Community list on its own initiative or at the request of Member States.
(5)
In accordance with Article 7 of the basic Regulation and Article 4 of Regulation (EC) No 473/2006, the Commission informed all air carriers concerned either directly or, when this was not practicable, through the authorities responsible for their regulatory oversight, indicating the essential facts and considerations which would form the basis for a decision to impose on them an operating ban within the Community or to modify the conditions of an operating ban imposed on an air carrier which is included in the Community list.
(6)
In accordance with Article 7 of the basic Regulation and Article 4 of Regulation (EC) No 473/2006, opportunity was given by the Commission to the air carriers concerned to consult the documents provided by Member States, to submit written comments and to make an oral presentation to the Commission within 10 working days and to the Air Safety Committee (5).
(7)
In accordance with Article 3 of Regulation (EC) No 473/2006, the authorities with responsibility for regulatory oversight over the air carriers concerned have been consulted by the Commission as well as, in specific cases, by some Member States.
(8)
There is evidence that the operator DAS Air Cargo (DAZ) certified in Kenya is a subsidiary of Dairo Air Services (DSR) certified in Uganda. The two carriers operate the same aircraft. Therefore, any measure decided with regard to DSR should equally be applicable to DAZ.
(9)
There is verified evidence of serious safety deficiencies on the part of Dairo Air Services. These deficiencies have been identified by the Netherlands, the United Kingdom, Belgium, France, Germany and Spain, during ramp inspections performed under the SAFA programme (6); the repetition of these inspection findings indicates systemic safety deficiencies. Despite cooperation with Member States and individual remedial actions taken by the Ugandan authorities and by Dairo Air Services, the repetition of these findings indicates systemic safety deficiencies.
(10)
The UK Civil Aviation Authority performed an inspection on Dairo Air Services and Das Air Cargo, which revealed that between 21 April and 25 July 2006 aircraft operated by the two air carriers were being maintained by a maintenance organisation without a proper approval, thus constituting a serious safety deficiency.
(11)
DSR demonstrated a lack of transparency and adequate and timely communication in response to an enquiry by the civil aviation authority of the Netherlands regarding the safety aspect of its operation, as demonstrated by the absence of an adequate and timely reply to the correspondence sent by this Member State.
(12)
On the basis of the common criteria, it is assessed that Dairo Air Services and DAS Air Cargo do not fully meet the relevant safety standards, and therefore should be included in Annex A.
(13)
Following the invitation of the Kyrgyz Republic civil aviation authority, a team of European experts conducted a fact-finding mission to the Kyrgyz Republic from 10 to 15 September 2006. Its report shows that the Kyrgyz civil aviation authority has revealed an insufficient ability to implement and enforce the relevant safety standards in accordance with their obligations under the Chicago convention.
(14)
In addition, a majority of carriers visited by the European experts although holders of an Air Operators Certificate (AOC) issued by Kyrgyz Republic, did not have their principle place of business in Kyrgyz Republic, contrary to the requirements of Annex 6 to the Chicago Convention.
(15)
On the basis of the common criteria, it is assessed that all air carriers certified in Kyrgyz Republic do not meet the relevant safety standards and therefore they should be subject to an operating ban and included in Annex A.
(16)
The authorities of Kyrgyz Republic have provided the Commission with evidence of the withdrawal of the Air Operator's Certificates of the following two air carriers: Phoenix Aviation and Star Jet. Since these two carriers certified in Kyrgyz Republic have consequently ceased their activities, they should not be included in Annex A.
(17)
The authorities of the Democratic Republic of Congo have provided the Commission with information indicating that they released an AOC to the following air carriers: Air Beni, Air Infini, Bel Glob Airlines, Bravo Air Congo, Gomair, Katanga Airways, Sun Air Services, Zaabu International. Since these new air carriers are certified by the authorities of the Democratic Republic of Congo which have shown a lack of ability to carry out adequate safety oversight, they should be included in Annex A.
(18)
The authorities of the Democratic Republic of Congo have provided the Commission with evidence of the withdrawal of the Air Operator's Certificates of the following air carriers: African Business and Transportations, Air Charter Services, Air Plan International, Air Transport Service, ATO - Air Transport Office, Congo Air, Dahla Airlines, DAS Airlines, Espace Aviation Services, Funtshi Aviation Service, GR Aviation, JETAIR - Jet Aero Services, Kinshasa Airways, Okapi Airways, Scibe Airlift, Shabair, Trans Service Airlift, Waltair Aviation, Zaire Aero Service (ZAS). Since these carriers certified in the Democratic Republic of Congo have consequently ceased their activities, they should be withdrawn from Annex A.
(19)
The authorities of Liberia have provided the Commission with evidence of the withdrawal of the Air Operator's Certificates of the following air carriers: Air Cargo Plus, Air Cess (Liberia), Air Liberia, Atlantic Aviation Services, Bridge Airlines, Excel Air Services, International Air Services, Jet Cargo-Liberia, Liberia Airways, Liberian World Airlines, Lonestar Airways, Midair Limited, Occidental Airlines, Occidental Airlines (Liberia), Santa Cruise Imperial Airlines, Satgur Air Transport, Simon Air, Sosoliso Airlines, Trans-African Airways, Transway Air Services, United Africa Airlines (Liberia). Since these carriers certified in Liberia have consequently ceased their activities, they should be withdrawn from Annex A.
(20)
The authorities of Sierra Leone have provided the Commission with evidence of the withdrawal of the Air Operator's Certificates of the following air carriers: Aerolift, Afrik Air Links, Air Leone, Air Salone, Air Sultan Limited, Air Universal, Central Airways Limited, First Line Air, Inter Tropic Airlines, Mountain Air Company, Orange Air Services, Pan African Air Services, Sierra National Airlines, Sky Aviation, Star Air, Transport Africa, Trans Atlantic Airlines, West Coast Airways. Since these carriers certified in Sierra Leone have consequently ceased their activities, they should be withdrawn from Annex A.
(21)
The authorities of Swaziland have provided the Commission with evidence of the withdrawal of the Air Operator's Certificates of the following air carriers: African International Airways, Air Swazi Cargo, East Western Airways, Galaxy Avion, Interflight, Northeast Airlines, Ocean Air, Skygate International, Swazi Air Charter, Volga Atlantic Airlines. Since these carriers certified in Swaziland have consequently ceased their activities, they should be withdrawn from Annex A.
(22)
The authorities of Swaziland and South Africa have provided sufficient evidence that the Air Operator's Certificate issued to African International Airway’s under the aegis of the CAA of Swaziland has been withdrawn, and that the air carrier is now operating under a new Air Operator's Certificate issued by the CAA of South Africa which therefore has the responsibility for its safety oversight. Therefore, on the basis of the common criteria, and without prejudice to verification of effective compliance with the relevant safety standards through adequate ramp inspections, it is assessed that African International Airways should be withdrawn from Annex A.
(23)
In reply to an inquiry by the civil aviation authority of France, Air Service Comores indicated that an action plan had been established in order to correct the safety deficiencies identified during ramp inspections. However, there is still no evidence of the implementation of an appropriate action plan for all operations of Air Service Comores.
(24)
The authorities of Comoros with responsibility for regulatory oversight of Air Service Comores have provided the Civil Aviation Authorities of France with sufficient information about the safety of operations with respect to the specific aircraft LET 410 UVP with registration mark D6-CAM.
(25)
Therefore, on the basis of the common criteria, it is assessed that Air Service Comores meets the relevant safety standards only for flights operated with the aircraft LET 410 UVP with registration mark D6-CAM. Consequently Air Service Comores should be subject to operational restrictions and should be moved from Annex A to Annex B.
(26)
Ariana Afghan Airlines submitted a request to be withdrawn from the Community list, provided some documentation in support of this request and showed strong disposition towards cooperation with the Commission and Member States. However, since the full implementation of an adequate corrective action plan by the carrier is not completed, the Commission considers that Ariana Afghan Airlines should be retained in the Community list.
(27)
Ariana Afghan Airlines provided information indicating that it has ceased operations with the aircraft Airbus A-310 registered in France with marks F-GYYY, which has been sold.
(28)
Therefore, the specific conditions applicable to the Community ban to Ariana Afghan Airlines have changed. The air carrier should be subject to a ban to all its operations and therefore remain included in Annex A.
(29)
Documentation submitted by Air Koryo and the Civil Aviation Authorities of the Democratic People’s Republic of Korea (DPRK) indicates that the carrier has embarked upon a corrective action plan with the intention of aligning itself fully with the relevant safety standards in due time.
(30)
Furthermore, the Civil Aviation Authorities of the Democratic People’s Republic of Korea (DPRK) has stated that at present, Air Koryo is not permitted to operate any flights to European destinations unless the carrier equips itself with new aircraft which meet the relevant international safety standards.
(31)
On the basis of the common criteria, it is assessed that Air Koryo still does not meet fully the relevant safety standards and therefore should be retained within Annex A.
(32)
Following the invitation of the air carrier, a team of European experts conducted a fact-finding mission to Phuket Air in Bangkok, Thailand between 11 to 15 September 2006. The report from this mission shows that while significant progress has been made by the carrier following its inclusion in the Community list, substantial safety deficiencies still remain to be rectified.
(33)
Whilst acknowledging the effort made by the carrier towards achieving the level of progress noted in the report, as well as the strong disposition towards cooperation shown both by the carrier and the Thai Department of Civil Aviation, a decision to withdraw Phuket Air from the EC list is still considered to be premature pending the receipt and review of satisfactory evidence confirming the full implementation of the corrective action plan which the carrier is still in the process of completing.
(34)
On the basis of the common criteria, it is assessed that Phuket Air still does not meet fully the relevant safety standards and therefore should be retained within Annex A.
(35)
The air carrier formerly known as Helios Airways now operates as A Jet Aviation. Indeed the Air Operator Certificate of Helios Airways has been subject to a variation consisting in a change of name to A Jet Aviation (7).
(36)
An investigation conducted by the European Aviation Safety Agency (EASA) under Article 45 of Regulation (EC) No 1592/2002 of the European Parliament and of the Council (8) and by the Joint Aviation Authorities (JAA) during three joint visits which took place between October 2005 and August 2006 (9) identified series safety deficiencies related to the operations of A Jet Aviation/Helios Airways.
(37)
Following consultations with EASA, JAA and the Commission, the civil aviation authorities of Cyprus with responsibility for regulatory oversight of that carrier have provided evidence of the adoption of provisional measures to correct these safety deficiencies identified.
(38)
In view of the above considerations, the Commission considers that, at this stage, A Jet Aviation/Helios Airways should not be included in the Community list. However the situation of this carrier and the exercise of oversight responsibilities by the Cyprus civil aviation authorities will be closely monitored by the Commission with the assistance of EASA and JAA in the coming months.
(39)
Following deficiencies identified by various Member States, these Member States and the Commission entered into consultations with Johnsons Air and the civil aviation authorities of Ghana with responsibility for regulatory oversight of that carrier.
(40)
Johnsons Air has provided evidence of an action plan intended to correct the safety deficiencies identified. Furthermore, the competent authorities of Ghana should submit within strict deadlines its oversight programme for the operations conducted by Johnsons Air outside Ghana.
(41)
In view of the above considerations, the Commission considers that, at this stage, Johnsons Air should not be included in the Community list. Without prejudice to further verification of effective compliance with the relevant safety standards through adequate ramp inspections, the Commission intends to review within three months the situation of Johnsons Air on the basis of the oversight programme due to be submitted by the civil aviation authorities of Ghana.
(42)
Following serious safety deficiencies identified by various Member States indicating systemic safety problems, these Member States and the Commission entered into consultations with Pakistan International Airlines and the civil aviation authorities of Pakistan with responsibility for regulatory oversight of that carrier.
(43)
The Commission has asked Pakistan International Airlines to provide evidence of an adequate remedial action plan intended to address its systemic safety deficiencies within strict deadlines. Furthermore, the competent authorities of Pakistan have announced the establishment of an action plan to reinforce their surveillance activities on the carrier which must be urgently submitted to the Commission.
(44)
Pending the submission of the above mentioned plans within the indicated deadlines and the formal endorsement of such plan by the Pakistani authorities, the Commission considers that, at this stage, Pakistan International Airlines should not be included in the Community list. However the Commission will take appropriate action, if necessary under Article 5(1) of the basic Regulation, in the event that the above mentioned plans are not delivered in due time or are judged insufficient. In addition, the Member States intend to ensure further verification of effective compliance with the relevant safety standards through systematic ramp inspections on this carrier.
(45)
Following deficiencies identified by various Member States, the Commission entered into consultations with the authorities of Russia with responsibility for regulatory oversight of that carrier and heard the carrier concerned.
(46)
Pulkovo has provided evidence of an action plan intended to correct its systemic safety deficiencies within specific deadlines and to further improve their organisation with a view to managing safety effectively. The action plan has been formally endorsed by the competent authorities of Russia. Furthermore, the competent authorities of Russia have submitted an action plan to reinforce their surveillance activities on the carrier.
(47)
In view of the above considerations, the Commission considers that, at this stage, Pulkovo should not be included in the Community list. Without prejudice to further verification of effective compliance with the relevant safety standards including through ramp inspections, the Commission intends to review the situation of Pulkovo or the carrier resulting from its announced future merger with another Russian carrier and of the authorities with responsibility for regulatory oversight of this air carrier within three months, with the assistance of the European Aviation Safety Agency and the authorities of any interested Member State. Both the carrier and the competent authorities of Russia have accepted this procedure.
(48)
No evidence of the full implementation of appropriate remedial actions by the other carriers included in the list updated on 20 June 2006 and by the authorities with responsibility for regulatory oversight of these air carriers has been communicated to the Commission so far in spite of specific requests submitted by the latter. Therefore, on the basis of the common criteria, it is assessed that these air carriers should continue to be subject to an operating ban.
(49)
The measures provided for in this Regulation are in accordance with the opinion of the Air Safety Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 474/2006, as modified by Regulation (EC) No 910/2006, is amended as follows:
1.
Annex A of the Regulation is replaced by the Annex A to this Regulation.
2.
Annex B of the Regulation is replaced by the Annex B to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 October 2006. | [
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Commission Regulation (Euratom) No 1352/2003
of 23 July 2003
amending Regulation (EC) No 1209/2000 determining procedures for effecting the communications prescribed under Article 41 of the Treaty establishing the European Atomic Energy Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 41 to 44 thereof,
Having regard to Council Regulation (Euratom) No 2587/1999 of 2 December 1999 defining the investment projects to be communicated to the Commission in accordance with Article 41 of the Treaty(1),
Whereas:
(1) In order to increase transparency and legal certainty, it is necessary to strengthen existing rules and formalise practices applied by the Commission to conduct the discussions and examine the investment projects which relate to the objectives of the Euratom Treaty.
(2) The communication to the Commission of investment projects relating to new installations and also to replacements or conversions which fulfil the criteria laid down by the Council in Regulation (Euratom) No 2587/1999 should be made by means of a form, which can be sent in a paper version or an electronic version. In the interests of legal certainty, it is necessary to confirm to the persons or undertakings having submitted a communication that the Commission has received it.
(3) The period within which the Commission is required to examine, discuss and adopt its views pursuant to Article 43 of the Euratom Treaty should be set at two months from receipt of a complete communication. The remarks made by third parties should be transmitted by the Commission to the persons or undertakings concerned for possible reaction from them. In the interests of legal certainty, the examination and discussion should be brought to an end by a recommendation as provided for under Article 124 of the Euratom Treaty.
(4) In all cases where, as a result of a preliminary examination, the Commission finds that doubts exist as to the objectives of the Euratom Treaty in the light of Regulation (Euratom) No 2587/1999, a detailed examination and discussion procedure should be opened in order to enable the Commission to gather all the information it needs to comply with its tasks under the Euratom Treaty and to allow the persons and undertakings concerned to submit their comments.
(5) After having considered the comments submitted by the persons or undertakings concerned, the Commission should conclude its examination by adopting a recommendation as soon as doubts have been removed.
(6) In the interest of achieving a coordinated development of investment in the nuclear field, it is appropriate to monitor effectively the measures finally taken by persons or undertakings concerned pursuant to the recommendation adopted by the Commission.
(7) In order to ensure that the provisions of the Euratom Treaty are applied correctly and effectively, the Commission should be able to revoke its recommendation if it was based on incorrect information.
(8) It is appropriate to inform the public about investment projects whilst, at the same time, observing the principle laid down in Article 44 of the Euratom Treaty that the consent of Member States, persons and undertakings concerned is necessary. In the interests of transparency and of legal certainty, it is appropriate to publish all investment projects and recommendations adopted. The Commission should also publish an annual report recording implementation of the recommendations made as well as specific measures taken by the persons or undertakings concerned in response to the views of the Commission.
(9) Should the investments not be necessary for or go beyond the objectives of the Euratom Treaty or should their public financing distort or threaten to distort competition in the internal market, this Regulation is without prejudice to the application of the EC Treaty.
(10) Commission Regulation (EC) No 1209/2000(2) should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1209/2000 is amended as follows:
1. The title is replaced by the following:
"Commission Regulation (Euratom) No 1209/2000 of 8 June 2000 determining the procedures for the examination of the communications prescribed under Article 41 of the Euratom Treaty".
2. Article 1 is replaced by the following:
"Article 1
1. Investment projects relating to new installations and also to replacement or conversions which fulfil the criteria as to type and size laid down by Regulation (Euratom) No 2587/1999 shall be communicated to the Commission by means of the form in the Annex to this Regulation.
The form may be submitted on paper or electronically.
2. The Commission shall inform the persons or undertakings concerned without delay of receipt of the communication."
3. The following Articles 3a to 3f are inserted:
"Article 3a
1. The Commission shall examine the communication as soon as it is received. It shall take express its views in a recommendation.
2. Where the Commission, after an examination, finds that the communicated investment project raises no doubts regarding the objectives of and compliance with the Euratom Treaty, it shall record that finding and express its views by way of a recommendation communicated to the persons, the undertakings and the Member State concerned.
3. Where the Commission, after an examination finds that the communicated investment project raises doubts regarding the objectives of and compliance with the Euratom Treaty, it shall initiate a detailed examination procedure to further discuss in detail all aspects of the investment project which relate to the objectives of that Treaty.
4. A recommendation in accordance with paragraph 2 and the opening of the detailed examination procedure, referred to in paragraph 3, shall be made within 2 months. That period shall begin on the day following receipt of a complete communication complying with the provisions of this Regulation and of Regulation (Euratom) No 2587/1999. The communication shall be considered complete if within two months of its receipt, or of receipt of any additional information requested, the Commission does not request any further information.
5. Where the Commission has not issued a recommendation in accordance with paragraph 2 nor acted within the period laid down in paragraph 4, the investment project shall be deemed to be in compliance with the objectives and provisions of the Euratom Treaty.
Article 3b
1. Where the Commission considers that information provided by the person or undertaking concerned with regard to an investment project communicated to it, is incomplete, it shall request all necessary information. Where the person or undertaking concerned responds to such a request, the Commission shall inform that person or undertaking of receipt of the response.
2. Where the person or undertaking concerned does not provide the information requested within a prescribed period provided by the Commission or provides incomplete information, the Commission shall send a reminder, allowing an appropriate additional period within which the information shall be provided.
Article 3c
1. When opening the detailed examination procedure, the Commission shall summarise the relevant issues of fact and law and include a preliminary assessment of the investment project in relation to the provisions and objectives of the Euratom Treaty and Regulation (Euratom) No 2587/1999. The Commission shall call upon the persons or undertakings concerned to submit comments and to further discuss with the Commission within a prescribed period that shall normally not exceed two months.
2. The persons or undertakings concerned are recommended not to put the investment project into effect before the Commission has issued its recommendation on that project or it is deemed to be in compliance with the objectives and provisions of the Euratom Treaty as provided for in Article 3a(5).
Article 3d
1. Where the Commission finds, following discussion and/or modification by the person or undertaking concerned, that the investment project is in compliance with the objectives and provisions of the Euratom Treaty, it shall record its views by way of a recommendation communicated to the persons, undertakings and Member State concerned.
2. Where the Commission finds, following discussion and/or modification by the person or undertaking concerned, that the communicated investment project is not in compliance with the objectives and provisions of the Euratom Treaty, it shall express its views by way of a recommendation communicated to the persons, undertakings and Member State concerned.
3. The views taken pursuant to paragraphs 1 and 2 shall be taken as soon as the doubts referred to in Article 3a(3) have been removed. The Commission shall as far as possible endeavour to adopt a recommendation within a period of six months from the opening of the detailed examination procedure.
4. Once the period referred to in paragraph 3 has expired, and should the person or undertaking concerned so request, the Commission shall, within two months, issue its recommendation on the basis of the information available to it.
Article 3e
After having issued its recommendation on the investment project in question, the Commission shall monitor, and where appropriate, discuss with the persons or undertakings concerned, the specific measures taken or intended to be taken pursuant to the Commission's recommendation.
Article 3f
The Commission may revoke a recommendation pursuant to Articles 3a and 3d where information which was a determining factor for that recommendation was incorrect, after giving the persons or undertakings concerned the opportunity to submit observations.
Before revoking its recommendation and adopting a new recommendation, the Commission shall open the detailed examination procedure pursuant to Article 3a(3)."
4. The following Articles 4a and 4b are inserted:
"Article 4a
The Commission shall transmit to the persons or undertakings having communicated an investment project possible comments or views from third parties on the project which will influence the Commission's recommendation.
Article 4b
1. The Commission shall, with the consent of the Member States, persons and undertakings concerned, publish any investment projects communicated to it as well as the recommendations issued pursuant to this Regulation.
2. The Commission shall publish an annual report recording implementation of the recommendations made as well as specific measures taken by the persons or undertakings concerned in response to the views of the Commission.
This report shall respect, where necessary, the rules on professional secrecy if the consent referred to in Article 44 of the Euratom Treaty is finally not given."
Article 2
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EC) No 2072/98 of 28 September 1998 amending Regulation (EC) No 3072/95 on the common organisation of the market in rice with regard to the scheme for compensatory payment
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas, in the context of providing support for producers of rice, Article 6 of Regulation (EC) No 3072/95 (3) lays down a national base area for each producer Member State with the exception of France, for which two base areas are laid down; whereas the Hellenic Republic has requested that for that country also there should be two base areas, although without differential compensatory payments, so that, without prejudice to the objectives of the scheme, areas may still be devoted to rice-growing in regions where there is no genuine possibility of alternative crops and that request should be accepted;
Whereas Regulation (EC) No 3072/95 should be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 6 of Regulation (EC) No 3072/95 paragraphs 3 and 4 shall be replaced by the following:
'3. The amounts of the compensatory payment shall be as follows:
TABLE
In order to pursue a better orientation of production, the amounts of the compensatory payment may be varied by applying price increases or reductions depending on the variety.
The compensatory payments shall be made between 16 October and 31 December following the start of the marketing year in question.
4. A national base area for each producer Member State is hereby established. However, for France and Greece two base areas are established. The base areas shall be as follows:
TABLE
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
It shall apply from 1 September 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COMMISSION DECISION
of 15 December 1988
on the importations of live animals and fresh meat from certain third countries
(89/15/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals, swine and fresh meat from third countries (1), as last amended by Directive 88/289/EEC (2), and in particular Article 3 thereof,
Having regard to Council Directive 86/469/EEC of 16 September 1986 concerning the examination of animals and fresh meat for the presence of residues (3), and in particular Article 7 thereof, in conjunction with Council Directive 88/146/EEC of 7 March 1988 prohibiting the use in livestock farming of certain substances having a hormonal action (4), and in particular Article 6 thereof,
Whereas the abovementioned Directives provide for the adoption of suitable decisions on the continued authorization of importation from the third countries on the list established by Council Directive 79/542/EEC (5), as last amended by Commission Decision 89/8/EEC (6);
Whereas, to that end, the authorities of the countries listed in the Annex to this Decision have forwarded sufficient information on their laws on the use of substances having an oestrogenic, androgenic, gestagenic and thyrostatic action as well as specific information on the plan specifying the guarantees offered by their country in respect of monitoring of residues of substances in Group A I and II in Annex I to Directive 86/469/EEC and whereas those guarantees may be considered as equivalent to those resulting from the application of Council Directives 85/358/EEC (7) and 86/469/EEC;
Whereas the authorities of those countries have, moreover, guaranteed that no animals and no meat coming from animals to which substances having a thyrostatic, oestrogenic, androgenic or gestagenic action have been administered by any means will be exported to the Community;
Whereas, for these types of substances, fresh meat and live animals from those third countries should therefore continue to be imported;
Whereas, however, certain third countries have submitted plans and guarantees as described above to the Commission but further information must still be provided;
Whereas, as regards residues of the substances in Group A III and Group B I and II in Annex I to Directive 86/469/EEC, the authorities of the third countries on the list provided for in Article 3 of Directive 72/462/EEC have provided guarantees on the monitoring of such residues; whereas they may therefore continue to appear on that list;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
As regards substances other than those mentioned in Article 2, the third countries on the list provided for in Article 3 of Directive 72/462/EEC shall continue to appear on that list, notwithstanding Article 2.
Article 2
In view of the plans submitted pursuant to Article 7 of Directive 86/469/EEC and of the guarantees concerning substances having a thyrostatic, oestrogenic, androgenic or gestagenic effect, presented by the third countries on the list in the Annex hereto, the Member States shall continue to authorize imports of fresh meat and live animals from those countries under the conditions laid down in that Annex.
Article 3
This Decision shall enter into force on 1 Janaury 1989. It shall be reviewed for the first time and possibly amended before 31 May 1989.
Article 4
This Decision is addressed to the Member States.
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COMMISSION REGULATION (EC) No 2231/96 of 22 November 1996 amending Annexes I, II, III, IV, V, VI, VII, VIII, IX and XI of 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), as last amended by Commission Regulation (EC) No 941/96 (2), and in particular Article 19 in conjunction with Article 17 thereof,
Whereas modifications have been introduced in the combined nomenclature applicable from 1 January 1996;
Whereas the Council has decided by decision of 22 December 1995 (3) to apply on a provisional basis the Protocol on trade in textile products negotiated with Slovenia;
Whereas the Council has decided by decision of 18 December 1995 (4) to apply on a provisional basis the agreement to amend and renew the agreement on trade in textile products negotiated with Vietnam;
Whereas the Council has decided by decision of 22 December 1995 (5) to apply on a provisional basis two agreements in the form of agreed minutes on trade in textile products negotiated with Vietnam;
Whereas the Council has decided by decision of 22 December 1995 to apply on a provisional basis the agreement to amend and renew the arrangement on trade in textile products negotiated with Morocco;
Whereas the Council has decided by decision of 22 December 1995 (6) to apply on a provisional basis the agreements to amend and, where appropriate, renew the agreements and protocols on trade in textile products negotiated with Bulgaria, China, the Czech Republic, Slovakia and Uzbekistan;
Whereas the Council has decided by decision of 22 December 1995 to apply on a provisional basis the agreement to renew the arrangements on trade in textile products negotiated with Egypt, Malta and Tunisia;
Whereas the Council has decided by decision of 22 December 1995 (7) to apply on a provisional basis the agreement to renew the agreement on trade in textile products negotiated with the Russian Federation;
Whereas the Council has decided by decision of 22 December 1995 (8) to apply on a provisional basis the agreement to amend and, where appropriate, renew the agreements and protocols on trade in textile products negotiated with Belarus, Hungary, Poland, Romania and Ukraine;
Whereas the Council has adopted on 22 December 1995 Regulation (EC) No 3060/95 on the arrangements for imports of certain textile products originating in Taiwan (9);
Whereas the arrangements on textiles and clothing with Turkey have ceased to exist following the entry into force of the customs union between the European Community and Turkey on 1 January 1996;
Whereas the Council has decided by decision of 26 February 1996 (10) to conclude the arrangements in the area of market access with India and Pakistan;
Whereas the Council has decided by decision of 16 September 1996 (11) to apply on a provisional basis the agreements to amend and renew the agreements on trade in textile products negotiated with Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan and Turkmenistan;
Whereas, following the accession of new Members to the World Trade Organization (WTO), it is necessary to amend the list of members of the World Trade Organization;
Whereas all the above elements make it necessary to amend the Annexes I, II, III, IV, V, VI, VII, VIII, IX and XI to Regulation (EEC) No 3030/93 to take into account the changes introduced applicable on the importation into the Community of certain textile products originating in certain third countries within the meaning of Article 19 of Regulation (EEC) No 3030/93;
Whereas the abovementioned agreements and arrangements pursuant to the terms either of the Council decision concerning their conclusion or provisional application or of the agreement or arrangement, are all applicable and have been applied since various dates prior to the date provided for the entry into force of the present Regulation; whereas Article 20 of Regulation (EEC) No 3030/93 provides that the said Regulation and its Annexes 'shall not constitute in any way a derogation from the provisions either of the bilateral agreements, protocols or arrangements on textile trade which the Community has concluded with the third countries listed in Annex II or of the ATC with regard to the WTO members listed in Annex XI and which, in all cases of conflict, shall prevail`; whereas it is therefore not strictly necessary to give retroactive effect to the present regulation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I of Regulation (EEC) No 3030/93 is replaced by Annex I to this Regulation.
Annex II of Regulation (EEC) No 3030/93 is replaced by Annex II to this Regulation.
Annex III of Regulation (EEC) No 3030/93 is replaced by Annex III to this Regulation.
Annex IV of Regulation (EEC) No 3030/93 is replaced by Annex IV to this Regulation.
Annex V of Regulation (EEC) No 3030/93 is replaced by Annex V to this Regulation.
Annex VI of Regulation (EEC) No 3030/93 is replaced by Annex VI to this Regulation.
Annex VIa and Table A to Annex VIa of Regulation (EEC) No 3030/93 are repealed.
Annex VII of Regulation (EEC) No 3030/93 is replaced by Annex VII to this Regulation.
Annex VIII of Regulation (EEC) No 3030/93 is replaced by Annex VIII to this Regulation.
Annex IX of Regulation (EEC) No 3030/93 is replaced by Annex IX to this Regulation.
Annex XI of Regulation (EEC) No 3030/93 is replaced by Annex X to this Regulation.
Article 2
This Regulation shall enter into force the day following the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 November 1996. | [
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COMMISSION REGULATION (EC) No 654/2005
of 28 April 2005
determining to what extent import right applications submitted during the month of April 2005 for live bovine animals weighing between 80 and 300 kg as part of a tariff quota provided for in Regulation (EC) No 1204/2004 may be accepted
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),
Having regard to Commission Regulation (EC) No 1204/2004 of 29 June 2004 opening and providing for the administration of a tariff quota for live bovine animals weighing between 80 and 300 kg and originating in Bulgaria or Romania (1 July to 30 June 2005) (2), and in particular Article 4 thereof,
Whereas:
Article 1(3)(c) of Regulation (EC) No 1204/2004 lays down the number of head of live bovine animals weighing between 80 and 300 kg falling within CN code 0102 90 05 and originating in Bulgaria or Romania which may be imported under special conditions in the period from 1 April to 30 June 2005. The quantities covered by import licence applications submitted are such that applications may by accepted in full.
HAS ADOPTED THIS REGULATION:
Article 1
All applications for import certificates made in the month of April 2005 pursuant to Article 3(3), second subparagraph, third indent, of Regulation (EC) No 1204/2004 are hereby met in full.
Article 2
This Regulation shall enter into force on 29 April 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 April 2005. | [
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COMMISSION REGULATION (EEC) No 3995/88 of 21 December 1988 amending Regulation (EEC) No 2042/75 on special detailed rules for the application of the system of import and export licences for cereals and rice as regards the term of validity of licences issued for Community food aid operations
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 2221/88 (2), and in particular Article 12 (2) thereof,
Whereas Commission Regulation (EEC) No 2042/75 (3), as last amended by Regulation (EEC) No 3271/88 (4), determines in particular the term of validity of export licences; whereas that term was limited for exports of certain products in view of the uncertainty on the world market for cereals; whereas such a limitation is however unwarranted for supplies of Community food aid in view of the specific provisions applicable thereto as regards licences and the time limits laid down for such supplies; whereas points A and B of Annex II to Regulation (EEC) No 2042/75 should be amended accordingly; whereas, for the same reasons, provision should be made, on application by the operator, for an extension of certain export licences issued for the execution of Community food aid supplies since the entry into force of the measure in question limiting the term of validity;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1 The following is hereby added to points A and B of Annex II (´Term of validity of export licences') to Regulation (EEC) No 2042/75:
´CN code Description Term of validity Abovementioned products exported with licences with ´´Community food aid (Regulation (EEC) No 2330/87)" entered in Section 12 thereof To the end of the fourth month following that of issue' Article 2 On application by the operator, export licences bearing the words ´Community food aid [Regulation (EEC) No 2330/87]' (5) applied for from 17 September 1988, with a term of validity extending to the end of the second month following that of issue, shall be extended to the end of the fourth month following that of issue by the authorities issuing such licences.
Article 3 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 1988. | [
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REGULATION (EEC) No 912/75 OF THE COMMISSION of 8 April 1975 amending Regulation (EEC) No 1105/68 as regards aid for skimmed milk obtained through the production of farm butter
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community;
Having regard to Council Regulation (EEC) No 804/68 (1) of 27 June 1968 on the common organization of the market in milk and milk products, as last amended by Regulation (EEC) No 740/75 (2), and in particular Article 10 (3) thereof;
Whereas, for the purposes of granting aid, buttermilk and buttermilk powder for use as feed are assimilated in the second subparagraph of Article 10 (1) of Regulation (EEC) No 804/68 to skimmed milk and skimmed-milk powder ; whereas, under Article 2 (1) (b) of Council Regulation (EEC) No 986/68 (3) of 15 July 1968 laying down general rules for granting aid for skimmed milk and skimmed-milk powder for use as feed, as last amended by Regulation (EEC) No 472/75 (4), aid may also be granted for skimmed milk which has been used as feed on the farms where it was produced;
Whereas Article 8 of Commission Regulation (EEC) No 1105/68 (5) of 27 June 1968 on detailed rules for granting aid for skimmed milk for use as feed, as last amended by Regulation (EEC) No 686/73 (6), fixes the quantities of skimmed milk per kilogramme of butter and per cow in respect of which aid is to be granted ; whereas those quantities take no account of the buttermilk obtained through the production of butter whereas they should therefore be adjusted;
Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 8 of Regulation (EEC) No 1105/68: - in paragraph 1 the figure "20" is replaced by the figure "22",
- in the second subparagraph of paragraph 3 the figure "3 000" is replaced by the figure "3 300".
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 3 March 1975.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COMMISSION REGULATION (EEC) No 1503/87
of 27 May 1987
laying down interim protective measures in the fruit and vegetable sector as regards cauliflowers, tomatoes, peaches, apricots and lemons for June 1987
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 5 and 155 thereof,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EEC) No 1351/86 (2),
Whereas, pursuant to Article 16 (1) of Regulation (EEC) No 1035/72, a basic price and a buying-in price must be fixed for each marketing year for each of the products listed in Annex II to that Regulation; whereas the products in question, harvested in a given production year, are marketed, as regards:
- cauliflowers, from May to April of the following year,
- tomatoes, from January to December,
- peaches, from May to October,
- apricots, from May to August,
- lemons, from June to May of the following year;
Whereas, for those products in particular, the Council has not yet adopted the basic prices and the buying-in prices applicable from 1 June 1987; whereas the Commission, by virtue of the powers conferred on it by the Treaty, must take the necessary interim protective measures to ensure that the common agricultural policy continues to operate in the fruit and vegetables sector in question; whereas those measures are adopted as interim protective measures and without prejudice to the Council's prices decisions for 1987/88;
Whereas, under those interim protective measures, the continuity of the intervention arrangements provided for in Articles 15 and 19 of the abovementioned Regulation (EEC) No 1035/72 must be ensured; whereas, to that end, the amounts to be used in calculating the prices at which the abovementioned intervention operations take place should be fixed for June 1987;
Whereas the amounts to be used correspond to the basic and buying-in prices laid down by the Commission in its proposals to the Council for the fixation of the prices applicable in the 1987/88 marketing year; whereas, in the present situation on the market for the products in question, the maintenance of the prices applied in the preceding year, even for a limited period, would actually be an incentive to buying in and would lead to an irreversible situation in view of the possibility of a fall in the prices to be adopted for the new marketing year; whereas, however, the amounts set out hereinafter are only an interim protective measure without prejudice to the prices decisions to be adopted subsequently by the Council;
Whereas Spain during the first stage, and Portugal, during the first stage, are authorized to maintain, in the fruit and vegetables sector, the rules in force under the previous national arrangements for the organization of their domestic agricultural markets under the conditions laid down in Articles 133 to 135 and 262 to 265 respectively of the Act of Accession; whereas, therefore, the amounts fixed in this Regulation are applicable only in the Community as constituted at 31 December 1985,
HAS ADOPTED THIS REGULATION:
Article 1
The intervention operations provided for in Articles 15 and 19 of Regulation (EEC) No 1035/72 shall be carried out at prices determined on the basis of the following amounts:
1. For cauliflowers, for the period 1 to 30 June 1987,
- basic price: 24,97 ECU/100 kg net,
- buying-in price: 10,82 ECU/100 kg net.
Those amounts relate to packed 'trimmed' cauliflowers of Quality Grade I.
2. For tomatoes,
- basic price:
- from 11 to 20 June 1987: 28,45 ECU/100 kg net,
- from 21 to 30 June 1987: 25,91 ECU/100 kg net,
- buying-in price:
- from 11 to 20 June 1987: 10,82 ECU/100 kg net,
- from 21 to 30 June 1987: 10,06 ECU/100 kg net.
Those prices relate to packed 'round' and 'ribbed' tomatoes of Quality Grade I, size 57/67 mm.
3. For peaches (not including nectarines) for the period 1 to 30 June 1987,
- basic price: 45,38 ECU/100 kg net,
- buying-in price: 25,21 ECU/100 kg net.
Those prices relate to packed peaches of the Amaden, Cardinal, Charles Ingouf, Dixired, Jeronimo, J.H. Hale, Merril Gemfree, Michelini, Red Haven, San Lorenzo, Springcrest and Springtime varieties of Quality Grade I, size 61/67 mm.
4. For apricots, for the period 1 to 30 June 1987,
- basic price: 41,75 ECU/100 kg net,
- buying-in price: 23,78 ECU/100 kg net.
Those prices relate to packed apricots of Quality Grade I of a size over 30 mm.
5. For lemons, for the period 1 to 30 June 1987,
- basic price: 43,72 ECU/100 kg net,
- buying-in price: 25,69 ECU/100 kg net.
Those prices relate to packed lemons of Quality Grade I, size 53/62 mm.
Article 2
This Regulation shall enter into force on 1 June 1987.
The provisions of this Regulation shall apply without prejudice to the decisions to be adopted by the Council, pursuant to Article 16 (1) of Regulation (EEC) No 1035/72.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 1987. | [
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COMMISSION DECISION of 25 November 1993 on the clearance of the accounts presented by the Member States in respect of the expenditure for 1990 of the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section (93/659/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (1), as last amended by Regulation (EEC) No 2048/88 (2), and in particular Article 5 (2) thereof,
After consulting the Fund Committee,
Whereas, pursuant to Article 5 (2) (b) of Regulation (EEC) No 729/70, the Commission, on the basis of the annual accounts presented by the Member States, clears the accounts of the authorities and bodies referred to in Article 4 of that Regulation;
Whereas the Member States have transmitted to the Commission the documents required to clear the accounts for 1990; whereas on the basis of Article 5 (2) (a) of Regulation (EEC) No 729/70 the 1990 financial year began on 16 October 1989 and ended on 15 October 1990;
Whereas the Commission has carried out the checks provided for in Article 9 (2) of Regulation (EEC) No 729/70;
Whereas Article 8 of Commission Regulation (EEC) No 1723/72 of 26 July 1972 on making up accounts for the European Agricultural Guidance and Guarantee Fund, Guarantee Section (3), as last amended by Regulation (EEC) No 295/88 (4), provides that the decision to clear the accounts must include the determination of the amount of expenditure incurred in each Member State during the financial year in question recognized as chargeable to the Guarantee Section of the Fund; whereas Article 102 of the Financial Regulation of 21 December 1977 (5), as last amended by Regulation (Euratom, ECSC, EEC) No 610/90 (6), provides that the outcome of the clearance decision, that is to say, any discrepancy between the total expenditure booked to the accounts for a financial year pursuant to Articles 100 and 101 and the total expenditure recognized by the Commission when clearing the accounts, is to be booked under a single article, as additional expenditure or a reduction in expenditure;
Whereas, pursuant to Articles 2 and 3 of Regulation (EEC) No 729/70, only refunds on exports to third countries and intervention to stabilize agricultural markets, respectively granted and undertaken according to Community rules within the framework of the common organization of the agricultural markets, may be financed; whereas the inspections carried out show that part of the expenditure declared by the Member States does not meet those conditions and therefore must be disallowed; whereas the amounts declared by each of the Member States concerned, those recognized as chargeable to the EAGGF Guarantee Section and the differences between the two amounts together with the differences between the expenditure recognized as chargeable to the EAGGF Guarantee Section and that charged in respect of the year are shown in the Annex to this Decision;
Whereas the expenditure relating to implementation of the milk improvement programme declared by Greece amounting to Dr 343 019 260 is not covered by this Decision, given that further examination of this case is necessary in view of the progress made carrying out the concluded contracts; whereas these amounts have therefore been deducted from the expenditure declared by the Member State in respect of the year under consideration and will be cleared subsequently;
Whereas the expenditure disallowed under this Decision with regard to the 1990 financial year for Spain includes an amount of Pta 29 492 159 232, for Greece an amount of Dr 369 593 980 and for Italy an amount of Lit 526 309 029 147, in respect of the additional levy in the milk and milk products sector which should have been collected by those three Member States; whereas these corrections take account of the provisional increase decided by the Council in the guaranteed total quantities of milk in those three Member States for the 1993/94 marketing year; whereas the corrected amounts must be charged to the Member States in question pursuant to this Decision; whereas the Commission reserves the option of applying, in a subsequent decision on the clearance of accounts, a financial correction corresponding to the entire excess deliveries if its verifications fail to confirm the effective application of the milk quota regime in Greece, Spain and Italy within the time limits fixed by the Council; whereas this Decision is nonetheless immediately applicable;
Whereas expenditure disallowed under this Decision with respect to the 1990 financial year for Greece and Italy includes Dr 859 315 339 and Lit 15 697 544 030 respectively in respect of export refunds in the tobacco sector; whereas the same applies to Greece in respect of tobacco premiums, the amount being Dr 3 632 654 033; whereas, in view of the failure to comply with certain Community provisions, the corrected amounts should be charged to those Member States pursuant to this Decision; whereas, however, the special circumstances of these cases justify re-examination by the Commission of the disallowance during the present clearance in the light of the findings of verifications currently underway; whereas this Decision is nonetheless immediately applicable;
Whereas Commission Decision 90/644/EEC (1), as last amended by Decision 92/315/EEC (2), concerning expediture for 1988, does not cover expenditure of Dr 48 065 056 733 declared by Greece in respect of production aid for cotton; whereas Commission Decision 92/491/EEC (3), as last amended by Decision 93/524/EEC (4), concerning expenditure for 1989, does not cover expenditure of DM 760 841 808,23 in respect of export refunds, Dr 58 005 839 787 in respect of production aid for cotton, intervention storage for baled tobacco and the grubbing-up of vines, of Pta 1 766 026 057, FF 499 800 000 and Lit 103 600 591 415 for the grubbing-up of vines and £ Irl 293 514 782,91 and £ 19 702 437,99 in respect of export refunds; whereas the Commission's inquiries into this expenditure have now been closed; whereas this Decision should lay down the further action to be taken with regard to these cases;
Whereas Decision 92/491/EEC fixed, subject to revision, financial corrections in respect of export refunds at Bfrs 101 462 150 for Belgium, Pta 626 592 450 for Spain, £ Irl 5 990 097 for Ireland and £ 4 051 029 for the United Kingdom; whereas the Commission undertook to re-examine this disallowance if the Member States concerned, by carrying out additional checks on the expenditure in question, were to provide evidence to eliminate doubts as to the justification for the refunds declared; whereas the inquiry subsequently carried out in Irish export firms showed no anomalies with regard to the declaration; whereas, therefore, the amount for Ireland should be charged to the Community; whereas, on the other hand, the inquiries carried out in Belgium, Spain and the United Kingdom showed anomalies with regard to the declarations made; whereas definitive financial corrections of Bfrs 22 646 327 for Belgium, Pta 24 002 044 for Spain and £ 51 169 for the United Kingdom should therefore be fixed; whereas the amounts of Bfrs 78 815 823 for Belgium, Pta 602 590 406 for Spain and £ 3 999 860 for the United Kingdom should consequently be charged to the Community budget;
Whereas Decision 92/491/EEC fixed, subject to revision, a financial correction of Bfrs 71 307 680 in respect of the basic co-responsibility levy and the additional levy which should have been paid by Belgium in the cereals sector; whereas, however, the Commission undertook to re-examine the disallowance on condition that Belgium provided the evidence requested; whereas scrutiny of the documents provided and the findings of the inspections carried out revealed no information casting doubt on the justification for the financial correction or showing that the situation with regard to checks on collection of the levy had substantially changed; whereas, on the other hand, the correction can be reduced by Bfrs 30 275 887 on the basis of that information; whereas, therefore, this amount should be charged to the Community budget;
Whereas Decision 92/491/EEC fixed, subject to revision, financial corrections at DM 4 217 752 for Germany in respect of export refunds for beef and veal and DM 1 609 109 in respect of private storage for beef, at FF 1 500 000 for France in respect of the late payment of part of the minimum price in the context of production aid for peas and field beans, at Lit 1 241 513 490 for Italy in respect of financial compensation for withdrawals of fruit and vegetables and at Esc 80 074 799 for Portugal in respect of financial compensation for withdrawals of fish in the fisheries sector; whereas, however, the Commission undertook to re-examine the disallowances on condition that the Member States provided the evidence requested; whereas, on the basis of the evidence provided by the Member States in question, the abovementioned amounts can be charged to the Community budget;
Whereas Commission Decision 92/491/EEC fixed, subject to revision, a financial correction of Dr 120 296 927 for Greece in respect of export refunds granted in the cereals sector in view of the illegal grant of national export subsidies; whereas, however, the Commission undertook to re-examine the disallowance; whereas the additional verifications carried out by the Commission revealed no information casting doubt on the justification for the financial correction; whereas, therefore, that correction should now become definitive;
Whereas the Court of Justice, by its judgment of 22 June 1993 in Case C-56/91 Greece v. Commission (1), annulled the accounts clearance decision for 1988 in respect of Greece in so far as it had adopted a financial correction of Dr 245 233 relating to the sale by Greece of beef held in intervention storage; whereas, as a result, and in accordance with Article 176 of the Treaty, the abovementioned amount must be charged in this clearance of accounts to the Community budget for 1988;
Whereas, in its judgment of 14 July 1967 in Joined Cases 5, 7 and 13 to 24/66, Kampffmeyer and Others v. Commission (2) and its judgment of 30 November 1967 in Case 30/66 Firma Becher v. Commission (3), the Court of Justice found that the Commission bore non-contractual liability to make good the damage caused by Decision 63/553/EEC (4), whereby it had authorized Germany to maintain a protective measure in the cereals sector; whereas, in the abovementioned judgments, the court also decided that the amounts to be actually paid to the parties concerned depended on the question of damages and the interest which would be awarded under German law; whereas under national legal procedures Germany fully compensated the parties concerned; whereas, on the basis of the information forwarded by the German Government and in accordance with the joint liability of the German Government and the Commission for the damage caused, the Commission should charge DM 955 721, being half of the amount paid by Germany, to the Community budget;
Whereas, in respect of Belgium, the inquiries regarding exceptional market support measures in the pigmeat sector and the processing of butter into butteroil are now closed, as are the inquiries in respect of Italy regarding the quality of durum wheat bought into intervention and inspection of withdrawals of fruit and vegetables, the inquiry in respect of the Netherlands regarding the eligibility of butter bought into intervention between 1982 and 1987 and the inquiries in respect of Ireland and Italy with regard to public storage in the context of intervention in the beef and veal sector; whereas this Decision lays down the further action to be taken with regard to these cases;
Whereas Article 8 of Regulation (EEC) No 729/70 provides that the financial consequences arising from irregularities or negligence are not to be borne by the Community if they are the result of irregularities or negligence attributable to administrative authorities or other bodies of the Member States; whereas some of those financial consequences which cannot be borne by the Community budget should be included within the scope of this Decision;
Whereas this Decision is without prejudice to any financial consequences which may be determined in any subsequent clearance of accounts in respect of national aid or infringements for which the procedures started under Articles 93 and 169 of the Treaty are now being implemented or were terminated after 30 April 1993;
Whereas this Decision is without prejudice to any financial consequences determined by the Commission, during a subsequent accounts clearance procedure from current investigations underway at the time of this Decision, from irregularities within the meaning of Article 8 of Regulation (EEC) No 729/70 or from judgments of the Court of Justice in cases now pending and relating to matters covered by this Decision,
HAS ADOPTED THIS DECISION:
Article 1
The Member States' accounts concerning expenditure financed by the EAGGF Guarantee Section in respect of 1990 are hereby cleared as indicated in the Annex.
Article 2
The amounts arising under points 3 of the Annex are to be taken into account as part of the expenditure referred to in Article 3 of Commission Regulation (EEC) No 2776/88 (1) for the month of November 1993.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 25 November 1993. | [
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*****
COMMISSION REGULATION (EEC) No 1721/90
of 21 June 1990
amending the list annexed to Regulation (EEC) No 55/87 establishing the list of vessels exceeding eight metres length overall permitted to use beam trawls within certain areas of the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3094/86 of 7 October 1986 laying down certain technical measures for the conservation of fishery resources (1), as last amended by Regulation (EEC) No 4056/89 (2),
Having regard to Commission Regulation (EEC) No 55/87 of 30 December 1986 establishing the list of vessels exceeding eight metres length overall permitted to use beam trawls within certain areas of the Community (3), as last amended by Regulation (EEC) No 1694/90 (4), and in particular Article 3 thereof;
Whereas the French authorities have requested replacement in the list annexed to Regulation (EEC) No 55/87 of one vessel that no longer meets the requirements laid down in Article 1 (2) of that Regulation; whereas the national authorities have provided all the information in support of the request required pursuant to Article 3 of Regulation (EEC) No 55/87; whereas scrutiny of this information shows that the requirements of the Regulation are met; whereas the vessel in question should be replaced in the list,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EEC) No 55/87 is amended as indicated in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 June 1990. | [
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COMMISSION REGULATION (EC) No 295/2006
of 17 February 2006
fixing the minimum selling price for skimmed-milk powder for the 98th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2799/1999
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,
Whereas:
(1)
Pursuant to Article 26 of Commission Regulation (EC) No 2799/1999 of 17 December 1999 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of skimmed-milk powder held by them.
(2)
According to Article 30 of the said Regulation, in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award. The amount of the processing security shall also be fixed taking account of the difference between the market price of skimmed-milk powder and the minimum selling price.
(3)
In the light of the tenders received, the minimum selling price should be fixed at the level specified below and the processing security determined accordingly.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
For the 98th individual invitation to tender pursuant to Regulation (EC) No 2799/1999, in respect of which the time limit for the submission of tenders expired on 14 February 2006, the minimum selling price and the processing security are fixed as follows:
-
minimum selling price:
191,38 EUR/100 kg,
-
processing security:
35,00 EUR/100 kg.
Article 2
This Regulation shall enter into force on 18 February 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 February 2006. | [
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COUNCIL REGULATION (EC) No 3295/94 of 22 December 1994 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods
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 (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Council Regulation (EEC) No 3842/86 of 1 December 1986 laying down measures to prohibit the release for free circulation of counterfeit goods (4) has been in force since 1 January 1988; whereas conclusions should be drawn from the experience gained during the early years of its implementation with a view to improving the operation of the system it set up;
Whereas the marketing of counterfeit goods and pirated goods causes considerable injury to law-abiding manufacturers and traders and to holders of the copyright or neighbouring rights and misleads consumers; whereas such goods should as far as possible be prevented from being placed on the market and measures should be adopted to that end to deal effectively with this unlawful activity without impeding to freedom of legitimate trade; whereas this objective is also being pursued through efforts being made along the same lines at international level;
Whereas, in so far as counterfeit or pirated goods and similar products are imported from third countries, it is important to prohibit their release for free circulation in the Community or their entry for a suspensive procedure and to set up an appropriate procedure enabling the customs authorities to act to ensure that such a prohibition can be properly enforced;
Whereas action by the customs authorities to prohibit the release for free circulation of counterfeit or pirated goods or their entry for a suspensive procedure should also apply to the export or re-export of such goods from the Community;
Whereas, as regards suspensive procedures and re-export subject to notification, action by the customs authorities will take place only where suspected counterfeit or pirated goods are discovered during a check;
Whereas the Community takes into account the terms of the GATT agreement on trade-related intellectual property issues, including a trade in counterfeit goods, in particular the measures to be taken at the frontier;
Whereas provision should be made that the customs authorities are empowered to take decisions on applications for action to be taken that are submitted to them;
Whereas action by the customs authorities should consist either in suspending the release for free circulation, export or re-export of goods suspected of being counterfeit or pirated or in detaining such goods when they are entered for a suspensive procedure or re-exported subject to notification for as long as is necessary to enable it to be determined whether the goods are actually counterfeit or pirated;
Whereas it is appropriate to authorize the Member States to detain the goods in question for a certain period even before an application by the right holder has been lodged or approved in order to allow him to lodge an application for action by the customs authorities;
Whereas the competent authority should decide cases submitted to it by reference to the criteria which are used to determine whether goods produced in the Member State concerned infringe intellectual property rights; whereas Member States' provisions on the competence of the judicial authorities and procedures are not affected by this Regulation;
Whereas it is necessary to determine the measures to be applied to the goods in question where it is established that they are counterfeit or pirated; whereas those measures should not only deprive those responsible for trading in such goods of the economic benefits of the transaction and penalize them but also constitute an effective deterrent to further transactions of the same kind;
Whereas in order to avoid serious disruption to the clearing of goods contained in travellers' personal luggage, it is necessary to exclude from the scope of this Regulation goods which may be counterfeit or pirated which are imported from third countries within the limits laid down by Community rules in respect of relief from customs duty;
Whereas uniform application of the common rules laid down by this Regulation must be ensured and to that end a Community procedure must be established enabling measures implementing these rules to be adopted within appropriate periods and mutual assistance between the Member States, of the one part, and between the Member States and the Commission, of the other part, to be strengthened so as to ensure greater effectiveness;
Whereas it will be appropriate to consider the possibility of increasing the number of intellectual property rights covered by this Regulation in the light, inter alia, of the experience gained in its implementation;
Whereas Regulation (EEC) No 3842/86 should therefore be repealed,
HAS ADOPTED THIS REGULATION:
CHAPTER I General
Article 1
1. This Regulation shall lay down:
(a) the conditions under which the customs authorities shall take action where goods suspected of being counterfeit or pirated are:
- entered for free circulation, export or re-export,
- found when checks are made on goods placed under a suspensive procedure within the meaning of Article 84 (1) (a) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (5), or re-exported subject to notification; and
(b) the measures which shall be taken by the competent authorities with regard to those goods where it has been established that they are indeed counterfeit or pirated.
2. For the purposes of this Regulation:
(a) 'counterfeit goods' means:
- goods, including the packaging thereof, being without authorization a trade mark which is identical to the trade mark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such trade mark, and which thereby infringes the rights of the holder of the trade mark in question under Community law or the law of the Member State in which the application for action by the customs authorities is made,
- any trade mark symbol (logo, label, sticker, brochure, instructions for use or guarantee document) whether presented separately or not, in the same circumstances as the goods referred to in the first indent,
- packaging materials bearing the trade marks of counterfeit goods, presented separately in the same circumstances as the goods referred to in the first indent;
(b) 'pirated goods' means goods which are or embody copies made without the consent of the holder of the copyright or neighbouring rights, or of the holder of a design right, whether registered under national law or not, or of a person duly authorized by the holder in the country of production, where the making of those copies infringes the right in question under Community law or the law of the Member State in which the application for action by the customs authorities is made;
(c) 'holder of a right' means the holder of a trade mark, as referred to in (a), and/or one of the rights referred to in (b), or any other person authorized to use the trade mark and/or rights, or their representative;
(d) 'declaration for release for free circulation, for export or for re-export' means declarations made in accordance with Article 61 of Regultion (EEC) No 2913/92.
3. Any mould or matrix which is specifically designed or adapted for the manufacture of a counterfeit trade mark or of goods bearing such a trade mark or of pirated goods shall be treated as 'counterfeit or pirated goods', as appropriate, provided that the use of such moulds or matrices infringes the rights of the holder of a right under Community law or the law of the Member State in which the application for action by the customs authorities is made.
4. This Regulation shall not apply to goods which bear a trade mark with the consent of the holder of that trade mark or which are protected by a copyright or neighbouring right or a design right and which have been manufactured with the consent of the holder of the right but are placed in one of the situations referred to in paragraph 1 (a) without the latter's consent.
Nor shall it apply to goods referred to in the first subparagraph which have been manufactured or bear a trade mark under conditions other than those agreed with the holders of the rights in question.
CHAPTER II Prohibition of the release for free circulation, export, re-export or of the placing under a suspensive procedure of counterfeit goods and pirated goods
Article 2
The release for free circulation, export, re-export or placing under a suspensive procedure of goods founds to be counterfeit or pirated on completion of the procedure provided for in Article 6 shall be prohibited.
CHAPTER III Application for action by the customs authorities
Article 3
1. In each Member State, the holder of a right may lodge an application in writing with the competent service of the customs authority for action by the customs authorities where the goods are placed in one of the situations referred to in
Article 1
(1) (a).
2. The application referred to in paragraph 1 shall include:
- a sufficiently detailed description of the goods to enable the customs authorities to recognize them,
- proof that the applicant is the holder of the right for the goods in question.
The holder of the right must also provide all other pertinent information available to him to enable the competent customs service to take a decision in full knowledge of the facts without, however, that information being a condition of admissibility of the application.
By way of indication, in the case of pirated goods, that information shall, wherever possible, include:
- the place where the goods are situated or the intended destination,
- particulars identifying the consignment or packages,
- the scheduled date of arrival or departure of the goods,
- the means of transport used,
- the identity of the importer, exporter or holder.
3. The application must specify the length of the period during which the customs authorities are requested to take action.
4. The applicant may be charged a fee to cover the administrative costs incurred in dealing with the application. The fee shall not be disproportionate to the service provided.
5. The competent customs service with which an application drawn up pursuant to paragraph 2 has been lodged shall deal with the application and shall forthwith notify the applicant in writing of its decision.
Where that service grants the application, the service shall specify the period during which the customs authorities shall take action. That period may, upon application by the holder of the right, be extended by the service which took the initial decision.
Any refusal to grant an application shall give the reasons for refusal and may form the subject of an appeal.
6. Member States may require the holder of a right, where his application has been granted, or where action as referred to in Article 1 (1) (a) has been taken pursuant to Article 6 (1), to provide a security:
- to cover any liability on his part vis-à-vis the persons involved in one of the operations referred to in Article 1 (1) (a) where the procedure initiated pursuant to Article 6 (1) is discontinued owing to an act or omission by the holder of the right or where the goods in question are subsequently found not be counterfeit or pirated,
- to ensure payment of the costs incurred in accordance with this Regulation, in keeping the goods under customs control pursuant to Article 6.
7. The holder of the right shall be obliged to inform the service referred to in paragraph 1 should the right cease to be validly registered or should it expire.
8. Each Member State shall designate the service within the customs authority competent to receive and deal with the applications referred to in this Article.
Article 4
Where, in the course of checks made under one of the customs procedures referred to in Article 1 (1) (a) and before an application by the holder of the right has been lodged or approved, it appears evident to the customs office that goods are counterfeit or pirated, the customs authority may, in accordance with the rules in force in the Member States concerned, notify the holder of the right, where known, of a possible infringement thereof. The customs authority shall be authorized to suspend release of the goods or detain them for a period of three working days to enable the holder of the right to lodge an application for action in accordance with Article 3.
Article 5
The decision granting the application by the holder of the right shall be forwarded immediately to the customs offices of the Member State which are liable to be concerned with the goods alleged in the application to be conterfeit or pirated.
CHAPTER IV Conditions governing action by the customs authorities and by the authority competent to take a substantive decision
Article 6
1. Where a customs office to which the decision granting an application by the holder of a right has been forwarded pursuant to Article 5 is satisfied, after consulting the applicant where necessary, that goods placed in one of the situations referred to in Article 1 (1) (a) correspond to the description of the conterfeit or pirated goods contained in that decision, it shall suspend release of the goods or detain them.
The customs office shall immediately inform the service which dealt with the application in accordance with Article 3. That service or the customs office, shall forthwith inform the declarant and the person who applied for action to be taken. In accordance with national provisions on the protection of peronal data, commercial and industrial secrecy and professional and administrative confidentiality, the customs office or the service which dealt with the application shall notify the holder of the right, at his request, of the name and address of the declarant and, if known, of those of the consignee so as to enable the holder of the right to ask the competent authorities to take a substantive decision. The customs office shall afford the applicant and the persons involved in any of the operations referred to in Article 1 (1) (a) the opportunity to inspect the goods whose release has been suspended or which have been detained.
When examining the goods the customs office may take samples in order to expedite the procedure.
2. The law in force in the Member State within the territory of which the goods are placed in one of the situations referred to in Article 1 (1) (a) shall apply as regards:
(a) referral to the authority competent to take a substantive decision and immediate notification of the customs service or office referred to in paragraph 1 of that referral, unless referral is effected by that service or office;
(b) reaching the decision to be taken by that authority. In the absence of Community rules in this regard, the criteria to be used in reaching that decision shall be the same as those used to determine whether goods produced in the Member State concerned infringe the rights of the holder. Reasons shall be given for decisions adopted by the competent authority.
Article 7
1. If, within 10 working days of notification of suspension of release or of detention, the customs office referred to in Article 6 (1) has not been informed that the matter has been referred to the authority competent to take a substantive decision on the case in accordance with Article 6 (2) or that the duly empowered authority has adopted interim measures, the goods shall be released, provided that all the customs formalities have been complied with and the detention order has been revoked.
This period may be extended by a maximum of 10 working days in appropriate cases.
2. In the case of goods suspected of infringing design rights, the owner, the importer or the consignee of the goods shall be able to have the goods in question released or their detention revoked against provision of a security, provided that:
- the customs service or office referred to in Article 6 (1) has been informed, within the time limit referred to in paragraph 1, that the matter has been referred to the authority competent to take a substantive decision referred to in said paragraph 1,
- on expiry of the time limit, the authority empowered for this purpose has not imposed interim measures, and
- all the customs formalities have been completed.
The security must be sufficient to protect the interests of the holder of the right. Payment of the security shall be without prejudice to the other remedies open to the holder of the right. Where the matter has been referred to the authority competent to take a substantive decision other than on the initiative of the holder of the right, the security shall be released if that person does not exercise his right to institute legal proceedings within 20 working days of the date on which he is notified of the suspension of release or detention. Where the second subparagraph of paragraph 1 applies, this period may be extended to a maximum of 30 working days.
3. The conditions governing storage of the goods during the period of suspension of release or detention shall be determined by each Member State.
CHAPTER V Provisions applicable to goods found to be counterfeit or pirated goods
Article 8
1. Without prejudice to the other rights of action open to the holder of a trade mark which is found to have been counterfeited or the holder of a copyright or neighbouring right or of a design right which is found to have been pirated, Member States shall adopt the measures necessary to allow the competent authorities:
(a) as a general rule, and in accordance with the relevant provisons of national law, to destroy goods found to be counterfeit or pirated, or dispose of them outside commercial channels in such a way as to preclude injury to the holder of the right, without compensation of any sort and at no cost to the exchequer;
(b) to take, in respect of such goods, any other measures which effectively deprive the persons concerned of the economic benefits of the transaction.
The following in particular shall not be regarded as having such effect:
- re-exporting the counterfeit or pirated goods in the unaltered state,
- other than in exceptional cases, simply removing the trade marks which have been affixed to the counterfeit goods without authorization,
- placing the goods under a different customs procedure.
2. The counterfeit or pirated goods may be handed over to the exchequer. In that event, paragraph 1 (a) shall apply.
3. In addition to the information given pursuant to the second subparagraph of Article 6 (1) and under the conditions laid down therein, the customs office or the competent service shall inform the holder of the right, upon request, of the names and addresses of the consignor, of the importer or exporter and of the manufacturer of the goods found to be counterfeit or pirated and of the quantity of the goods in question.
CHAPTER VI Final provisions
Article 9
1. Save as provided by the law of the Member State in which the application is made, the acceptance of an application drawn up in accordance with Article 3 (2) shall not entitle the holder of a right to compensation where counterfeit or pirated goods are not detected by a customs office and are released or no action is taken to detain them in accordance with Article 6 (1).
2. Save as provided by the law of the Member State in which the application is made, exercise by a customs office or by another duly empowered authority of the powers conferred on them in regard to combating counterfeit or pirated goods shall not render them liable to the persons involved in the operations referred to in Article 1 (1) (a) or Article 4, in the event of their suffering loss or damage as a result of their action.
3. The civil liability of the holder of a right shall be governed by the law of the Member State in which the goods in question were placed in one of the situations referred to in Article 1 (1) (a).
Article 10
This Regulation shall not apply to goods of a non-commercial nature contained in travellers' personal luggage within the limits laid down in respect of relief from customs duty.
Article 11
Moreover, each Member State shall introduce penalties to apply in the event of infringements of Article 2. Such penalties must be sufficiently severe to encourage compliance with the relevant provisions.
Article 12
The provisions necessary for the application of this Regualtion shall be adopted in accordance with the procedure laid down in Article 13 (3) and (4).
Article 13
1. The Commission shall be assisted by the Committee set up under Article 247 of Regulation (EEC) No 2913/92.
2. The Committee shall examine any matter concerning implementation of this Regulation which its chairman may raise, either on his own initiative or at the request of the representative of a Member State.
3. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the measures to be taken. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
4. The Commission shall adopt measures which shall apply immediately. However, if the measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In the event:
- the Commission shall defer application of the measures which it has decided for not more than three months from the date of their communication,
- the Council, acting by a qualified majority, may take a different decision within the time limit provided for in the first indent.
Article 14
Member States shall communicate all relevant information on the application of this Regulation to the Commission.
The Commission shall communicate that information to the other Member States.
For the purpose of the application of this Regulation, the provisions of Regulation (EEC) No 1468/81 of 19 May 1981 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs or agricultuaral matters (6) shall apply mutatis mutandis.
The details of the information procedure shall be drawn up in the framework of the implementing provisions in accordance with Article 13 (2), (3) and (4).
Article 15
Within two years of the entry into force of this Regulation, the Commission shall, on the basis of the information referred to in Article 14, report to the European Parliament and the Council on the operation of the system particularly with regard to the economic and social consequences of counterfeiting and shall propose any amendments or additions required, within a period of two years from the implementation of this Regulation.
Article 16
Regulation (EEC) No 3842/86 shall be repealed as from the date of implementation of this Regulation.
Article 17
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 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EEC) No 219/92 of 27 January 1992 repealing Regulation (EEC) No 3302/86 suspending imports of gold coins from the Republic of South Africa
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Whereas, in response to the deteriorating situation in South Africa and the refusal of its Government to take specific measures leading to the abolition of apartheid, the Council, by means of Regulation (EEC) No 3302/86 (1), suspended, on 27 October 1986, the import of gold coins from the Republic of South Africa;
Whereas the present Government of the Republic of South Africa has taken steps to abolish apartheid, inter alia, by proposing to the South African Parliament the repeal of the laws that provided the basis for apartheid; whereas the way is now open for the negotiation of a constitution for a united, democratic and non-racial South Africa;
Whereas, in the context of European political cooperation, it has therefore been possible to reach a consensus on relaxing the restrictions adopted in 1986 in order to encourage that process;
Whereas Regulation (EEC) No 3302/86 should therefore be repealed;
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 3302/86 is hereby repealed.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 1394/2004
of 30 July 2004
fixing the refunds applicable to cereal and rice sector products supplied as Community and national food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1) and in particular Article 13(3) thereof,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (2) and in particular Article 13(3) thereof,
Whereas:
(1)
Article 2 of Council Regulation (EEC) No 2681/74 of 21 October 1974 on Community financing of expenditure incurred in respect of the supply of agricultural products as food aid (3) lays down that the portion of the expenditure corresponding to the export refunds on the products in question fixed under Community rules is to be charged to the European Agricultural Guidance and Guarantee Fund, Guarantee Section.
(2)
In order to make it easier to draw up and manage the budget for Community food aid actions and to enable the Member States to know the extent of Community participation in the financing of national food aid actions, the level of the refunds granted for these actions should be determined.
(3)
The general and implementing rules provided for in Article 13 of Regulation (EC) No 1784/2003 and in Article 13 of Regulation (EC) No 3072/95 on export refunds are applicable mutatis mutandis to the abovementioned operations.
(4)
The specific criteria to be used for calculating the export refund on rice are set out in Article 13 of Regulation (EC) No 3072/95.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For Community and national food aid operations under international agreements or other supplementary programmes, and other Community free supply measures, the refunds applicable to cereals and rice sector products shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on 1 August 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 July 2004. | [
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COUNCIL DIRECTIVE of 19 December 1977 amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 68/193/EEC, 69/208/EEC, 70/458/EEC and 70/457/EEC on the marketing of beet seed, fodder plant seed, cereal seed, material for the vegetative propagation of the vine, seed of oil and fibre plants, vegetable seed and on the common catalogue of varieties of agricultural plant species (78/55/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, for the reasons given below, certain Directives on the marketing of seeds and propagating material should be amended;
Whereas the present provisions of those Directives relating to the marking of seeds and propagating material do not take into account technical progress in respect of methods of labelling ; whereas they should therefore be amended;
Whereas in the case of certain Directives an accelerated procedure should be provided for amending the list of species with regard to descriptions and hybrids resulting from the crossing of species;
Whereas, in principle, seed which is intended for certification as "certified seed" must have been produced from basic seed ; whereas, however, by way of derogation, the said Directives permit, in the case of seed of certain species, certification as "certified seed" where the seed has been poduced from pre-basic seed which has been subject to official examination ; whereas this latter facility is not sufficient for some species, particularly as regards the species for which certification as "certified seed of the second generation" is permitted ; whereas, therefore, this facility should be extended provided that sufficient guarantees are laid down;
Whereas experience with regard to supplies of fibre flax seed shows that it is necessary to retain the category of "certified seeds of the third generation" for a further four years ; whereas this extension should also allow Member States to take all necessary steps to ensure in the near future adequate supplies of fibre flax seed of the categories "certified seed of the first generation" and "certified seed of the second generation";
Whereas Council Directive 70/457/EEC of 29 September 1970 on the common catalogue of varieties of agricultural plant species (3), as last amended by Directive 73/438/EEC (4), and Council Directive 70/458/EEC of 29 September 1970 on the marketing of vegetable seed (5), as last amended by Directive 76/307/EEC (6), provide that from 1 July 1977 the equivalence of the official examination of varieties and the checks on practices for the maintenance of varieties carried out in third countries can no longer be established nationally by Member States ; whereas Directive 70/458/EEC provides that from 1 July 1977 the equivalence of seeds harvested in third countries can no longer be established nationally by Member States;
Whereas, however, it is likely that examinations concerning the granting of these equivalences on a Community basis will not be completed within the abovementioned periods in all those cases where national equivalences have been granted ; whereas it should therefore be possible to decide by an accelerated procedure on a possible extension of these periods in certain cases in order to avoid disturbing traditional trade patterns,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Council Directive 66/400/EEC of 14 June 1966 on the marketing of beet seed (7), as last amended by Directive 76/331/EEC (8), shall be amended as follows: (1)OJ No L 183, 1.8.1977, p. 64. (2)OJ No C 180, 28.7.1977, p. 29. (3)OJ No L 225, 12.10.1970, p. 1. (4)OJ No L 356, 27.12.1973, p. 79. (5)OJ No L 225, 12.10.1970, p. 7. (6)OJ No L 72, 18.3.1976, p. 16. (7)OJ No 125, 11.7.1966, p. 2290/66. (8)OJ No L 83, 30.3.1976, p. 34. 1. The following shall be substituted for Article 11:
"Article 11
1. Member States shall require that packages of basic seed and certified seed, except where seed of the latter category takes the form of small EEC packages: (a) be labelled on the outside with an official label which has not previously been used, which satisfies the conditions laid down in Annex III (A) and on which the information is given in one of the official languages of the Community. The colour of the label shall be white for basic seed and blue for certified seed. When a label with a string-hole is used, its attachment shall be ensured in all cases with an official seal. If, in cases under Article 4 (a), the basic seed does not satisfy the conditions laid down in Annex I in respect of germination, this fact shall be stated on the label. The use of official adhesive labels shall be authorized. In accordance with the procedure laid down in Article 21 the indelible printing under official supervision of the prescribed information on the package according to the label's model may be authorized;
(b) contain an official document, in the same colour as the label, giving at least the information required under Annex III, (A) (I) (3), (4), (5), (10) and (11). This document shall be drawn up in such a manner that it cannot be confused with the official label referred to under (a). This document is not necessary if the information is printed indelibly on the package or if, in accordance with the provisions under (a), an adhesive label or a label of non-tear material is used.
2. Member States may provide for exceptions to paragraph 1 in the case of small packages of basic seed where they are marked : "passed for marketing in ... (Member State concerned) only"."
2. In Article 11b, the following shall be substituted for "officially sealed and marked" : "closed and marked officially or under official supervision".
3. In the first indent of Article 14 (1), the following shall be substituted for "officially marked and sealed" : "marked and closed officially or under official supervision".
4. In Annex III (A) (I), the following shall be added:
"12. Where at least germination has been retested, the words "retested ... (month and year)" and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label."
Article 2
Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), as last amended by Directive 75/444/EEC (2), shall be amended as follows: 1. In Article 2, the following paragraphs shall be added:
"1a. Amendments to be made to the list of species referred to in paragraph 1 (A) in the light of the development of scientific or technical knowledge concerning the descriptions and hybrids resulting from the crossing of species covered by this Directive shall be adopted in accordance with the procedure laid down in Article 21.
1b. Member States may be authorized in accordance with the procedure laid down in Article 21 to permit, by way of derogation from paragraph 1 (C) (a), to be certified as certified seed seeds of selfpollinating or apomictic species which have been entered for certification as basic seed and which have been produced directly from a generation prior to basic seed but which has not been officially examined. This provision shall not apply to hybrid seeds. Certification as certified seed may only occur if this is requested by the applicant for certification with the agreement of the breeder and if an official post-control test based on samples taken officially and carried out at the latest during the growing season of the entered seeds shows that the seeds from the previous generation have met the requirements for basic seed in respect of varietal identity and purity. In this case the breeder shall, when the samples are taken, state the total area which has been under production of seed of the previous generation. These conditions may be amended in the light of development of scientific or technical knowledge in accordance with the procedure laid down in Article 21.
Member States shall require that the official labels for seeds marketed in accordance with the authorization referred to in the first subparagraph be marked : "passed for marketing in ... (Member State concerned) only" ; in addition Member States may require in this case that the official labels also be marked : "intended for further multiplication only"." (1)OJ No 125, 11.7.1966, p. 2298/66. (2)OJ No L 196, 26.7.1975, p. 6.
2. The following shall be substituted for Article 10:
"Article 10
1. Member States shall require that packages of basic seed, certified seed and commercial seed, except where seed of the last two categories takes the form of small EEC B packages: (a) be labelled on the outside with an official label which has not previously been used, which satisfies the conditions laid down in Annex IV (A) and on which the information is given in one of the official languages of the Community. The colour of the label shall be white for basic seed, blue for certified seed of the first generation after basic seed, red for certified seed of subsequent generations and brown for commercial seed. When a label with a string-hole is used, its attachment shall be ensured in all cases with an official seal. If, in cases under Article 4 (a), the basic seed or certified seed does not satisfy the conditions laid down in Annex II in respect of germination, this fact shall be stated on the label. The use of official adhesive labels shall be authorized. In accordance with the procedure laid down in Article 21, the indelible printing under official supervision of the prescribed information on the package according to the label's model may be authorized;
(b) contain an official document, in the same colour as the label, giving at least the information required under Annex IV (A) (I) (a) (3), (4) and (5) and, in the case of commercial seed, under (b) (2), (4) and (5). This document shall be drawn up in such a manner that it cannot be confused with the official label referred to under (a). This document is not necessary if the information is printed indelibly on the package or if, in accordance with the provisions under (a), an adhesive label or a label of non-tear material is used.
2. Member States may provide for exceptions to paragraph 1 in the case of small packages of basic seed where they are marked : "passed for marketing in : ... (Member State concerned) only"."
3. In Article 10b, the following shall be substituted for "officially sealed and marked" : "closed and marked officially or under official supervision".
4. In the first and second indents of Article 14 (1), the following shall be substituted for "officially marked and sealed" : "marked and closed officially or under official supervision".
5. In Annex IV (A) (I), the following shall be added under (a):
"12. Where at least germination has been retested, the words "retested ... (month and year)" and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label."
6. In Annex IV (A) (I), the following shall be added under (b):
"9. Where at least germination has been retested, the words "retested ... (month and year)" and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label."
7. In Annex IV (A) (I), the following is added under (c):
"7. Where at least germination of all the components of the mixture has been retested, the words "retested ... (month and year)" and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label label."
Article 3
Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (1), as last amended by Directive 75/444/EEC, shall be amended as follows: 1. In Article 2, the following paragraphs shall be added:
"1a. Amendments to be made to the list of species referred to in paragraph 1 (A) in the light of the development of scientific or technical knowledge concerning the descriptions and hybrids resulting from the crossing of species covered by this Directive shall be adopted in accordance with the procedure laid down in Article 21.
1b. Member States may be authorized in accordance with the procedure laid down in Article 21 to permit, by way of derogation from paragraph 1 under F (a) or G (a), to be certified as certified seed of the first generation or certified seed of the second generation seeds of self-pollinating species which have been entered for certification as basic seed and which have been produced from a generation prior to basic seed but which has not been officially examined. This provision shall not apply to hybrid seeds. Certification as certified seed may only occur if this is requested by the applicant for certification with the agreement of the breeder and if an official post-control test based on samples (1)OJ No 125, 11.7.1966, p. 2309/66.
taken officially and carried out at the latest during the growing season of the entered seed shows that the seeds from the previous generation have met the requirements for basic seed in respect of varietal identity and purity. In this case the breeder shall, when the samples are taken, state the total area which has been under production of seeds of the previous generation. These conditions may be amended in the light of development of scientific or technical knowledge in accordance with the procedure laid down in Article 21.
Member States shall require that the official labels for seeds marketed in accordance with the authorization referred to in the first subparagraph be marked : "passed for marketing in ... (Member State concerned) only" ; in addition Member States may require in this case that the official labels also be marked "intended for further multiplication only"."
2. The following shall be substituted for Article 10:
"Article 10
1. Member States shall require that packages of basic seed and certified seed of all kinds: (a) be labelled on the outside with an official label which has not previously been used, which satisfies the conditions laid down in Annex IV and on which the information is given in one of the official languages of the Community. The colour of the label shall be white for basic seed, blue for certified seed and for certified seed of the first generation and red for certified seed of the second generation. When a label with a string-hole is used, its attachment shall be ensured in all cases with an official seal. If, in cases under Article 4 (1) (a) and (2), the basic seed or maize seed does not satisfy the conditions laid down in Annex II in respect of germination, this fact shall be stated on the label. The use of official adhesive labels shall be authorized. In accordance with the procedure laid down in Article 21, the indelible printing under official supervision of the prescribed information on the package according to the label's model may be authorized;
(b) contain an official document, in the same colour as the label, giving at least the information required under Annex IV (A) (a) (3), (4) and (5). This document shall be drawn up in such a manner that it cannot be confused with the official label referred to under (a). This document is not necessary if the information is printed indelibly on the package or if, in accordance with the provisions under (a), an adhesive label or a label of non-tear material is used.
2. Member States may provide for exceptions to paragraph 1 in the case of small packages where they are marked : "passed for marketing in ... (Member State concerned) only".
3. In accordance with the procedure laid down in Article 21, Member States may be authorized to retain until 30 June 1980 provisions allowing the marketing of cereal seeds the packaging of which includes the prescribed information but in a different layout from that provided for in the sixth sentence of paragraph 1 (a)."
3. In Article 14 (1), the following shall be substituted for "officially marked and sealed" : "marked and closed officially or under official supervision".
4. In Annex IV (A), the following shall be added under (a):
"10. Where at least germination has been retested, the words "retested ... (month and year)" and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label."
5. In Annex IV (A), the following shall be added under (b):
"7. Where at least germination of all the components of the mixture has been retested, the words "retested ... (month and year)" and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label."
Article 4
The following paragraph la shall be added to Article 10 of Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (1), as last amended by Directive 74/648/EEC (2):
"1a. Nevertheless Member States may permit that 10 packages or bundles of rooted grafts of the same characteristics, or five packages or bundles of rooted cuttings of the same characteristics are marked with only one label conforming to the specifications in Annex IV. In this case, the packages or bundles shall be tied together in such a way that, when they are separated, the tie is damaged and cannot be re-used. The label shall be attached with this tie. Reclosing shall not be authorized." (1)OJ No L 93, 17.4.1968, p. 15. (2)OJ No L 352, 28.12.1974, p. 43.
Article 5
Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (1), as last amended by Directive 75/444/EEC, shall be amended as follows: 1. In Article 2, the following paragraphs shall be added:
"1a. Amendments to be made to the list of species referred to in paragraph 1 (A) in the light of the development of scientific or technical knowledge concerning the descriptions and hybrids resulting from the crossing of species covered by this Directive shall be adopted in accordance with the procedure laid down in Article 20.
1b. Member States may be authorized in accordance with the procedure laid down in Article 20 to permit, by way of derogation from paragraph 1 D (a) or E (a), to be certified as certified seed of the first generation or certified seed of the second generation seeds of self-pollinating species which have been entered for certification as basic seed and which have been produced from a generation prior to basic seed but which has not been officially examined. This provision shall not apply to hybrid seeds. Certification as certified seed may only occur if this is requested by the applicant for certification with the agreement of the breeder and if an official post-control test based on samples taken officially and carried out at the latest during the growing season of the entered seed shows that the seeds from the previous generation have met the requirements for basic seed in respect of varietal identity and purity. In this case the breeder shall, when the samples are taken, state the total area which has been under production of seed of the previous generation. These conditions may be amended in the light of the development of scientific or technical knowledge in accordance with the procedure laid down in Article 20.
Member States shall require that the official labels for seeds marketed in accordance with the authorization referred to in the first subparagraph be marked : "passed for marketing in ... (Member State concerned) only" ; in addition, Member States may require in this case that the official labels also be marked "intended for further multiplication only"."
2. In Article 2 (2) (c) "30 June 1982" shall be substituted for "30 June 1978".
3. In Article 10 the following shall be substituted for paragraphs 1 and 2:
"1. Member States shall require that packages of basic seed, certified seed of all kinds and commercial seed: (a) be labelled on the outside with an official label which has not previously been used, which satisfies the conditions laid down in Annex IV and on which the information is given in one of the official languages of the Community. The colour of the label shall be white for basic seed, blue for certified seed of the first generation after basic seed, red for certified seed of subsequent generations and brown for commercial seed. When a label with a string-hole is used, its attachment shall be ensured in all cases with an official seal. If, in cases under Article 4 (a), the basic seed does not satisfy the conditions laid down in Annex II in respect of germination, this fact shall be stated on the label. The use of official adhesive labels shall be authorized. In accordance with the procedure laid down in Article 20 the indelible printing under official supervision of the information on the package according to the label's model may be authorized;
(b) contain an official document, in the same colour as the label, giving at least the information required under Annex IV, (A) (a), (4), (5) and (6) and, in the case of commercial seed, under (b), (2), (5) and (6). This document shall be drawn up in such a manner that it cannot be confused with the official label referred to under (a). This document is not necessary if the information is printed indelibly on the package or if, in accordance with the provisions under (a), an adhesive label or a label of non-tear material is used.
2. Member States may provide for exceptions to paragraph 1 in the case of small packages where they are marked : "passed for marketing in ... (Member State concerned) only"."
4. In Article 13 (1), the following shall be substituted for "officially marked and sealed" : "marked and closed officially or under official supervision". (1)OJ No L 169, 10.7.1969, p. 3.
5. In Annex IV (A), the following is added under (a):
"11. Where at least germination has been retested, the words "retested ... (month and year)" and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label."
6. In Annex IV (A), the following is added under (b):
"10. Where at least germination has been retested, the words "retested ... (month and year)" and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label."
Article 6
The following sentence shall be added to Article 21 (2) of Directive 70/457/EEC:
"In accordance with the procedure laid down in Article 23, this period may be extended for third countries if the available information does not permit a determination according to paragraph 1 and for as long as it does not permit such a determination."
Article 7
Council Directive 70/458/EEC shall be amended as follows: 1. In Article 2, the following paragraphs shall be added:
"1a. Amendments to be made to the list of species referred to in paragraph A in the light of the development of scientific or technical knowledge concerning the descriptions and hybrids resulting from the crossing of species covered by this Directive shall be adopted in accordance with the procedure laid down in Article 40.
1b. Member States may be authorized in accordance with the procedure laid down in Article 40 to permit, by way of derogation from paragraph 1 (C) (a), to be certified as certificated seed seeds of self-pollinating species which have been entered for certification as basic seed and which have been produced from a generation prior to basic seed but which has not been officially examined. This provision shall not apply to hybrid seeds. Certification as certified seed may only occur if this is requested by the applicant for certification with the agreement of the breeder and if an official post-control test based on samples taken officially and carried out at the latest during the growing season of the entered seed shows that the seeds from the previous generation have met the requirements for basic seed in respect of varietal identity and purity. In this case the breeder shall, when the samples are taken, state the total area which has been under production of seed of the previous generation. These conditions may be amended in the light of development of scientific or technical knowledge in accordance with the procedure laid down in Article 40.
Member States shall require that the official labels for seeds marketed in accordance with the authorization referred to in the first subparagraph be marked : "passed for marketing in ... (Member State concerned) only" ; in addition Member States may require in this case that the official labels also be marked : "intended for further multiplication only"."
2. The following shall be substituted for Article 26 (1):
"1. Member States shall require that packages of basic seed and certified seed, except where seed of the latter category takes the form of small packages: (a) be labelled on the outside with an official label which has not previously been used, which satisfies the conditions laid down in Annex IV (A) and on which the information is given in one of the official languages of the Community. The label may be placed inside transparent packages provieded it can be read. The colour of the label shall be white for basic seed and blue for certified seed. When a label with a string-hole is used, its attachment shall be ensured in all cases with an official seal. If in cases under Article 21, the basic seed does not satisfy the conditions laid down in Annex II in respect of germination, this fact shall be stated on the label. The use of official adhesive labels shall be authorized. In accordance with the procedure laid down in Article 40 the indelible printing under official control of the prescribed information on the package according to the label's model may be authorized;
(b) contain an official document, in the same colour as the label, giving at least the information required under Annex IV (A) (a) (4), (5), (6) and (7). This document shall be drawn up in such a manner that it cannot be confused with the official label referred to under (a). This document is not necessary if the information is printed indelibly on the package or if, in accordance with the provisions under (a), the label is inside a transparent package or an adhesive label or a label of non-tear material is used."
3. In Article 26, the following paragraph shall be added:
"1a. Member States may provide for exceptions to paragraph 1 in the case of small packages of basic seed where they are marked : "passed for marketing in ... (Member State concerned) only"."
4. In Article 30 (1), the following shall be substituted for "officially marked and sealed" : "marked and closed officially or under official supervision".
5. The following sentence shall be added to Article 32 (2):
"In accordance with the procedure laid down in Article 40 this period may be extended for third countries if the available information does not permit a determination according to paragraph 1 and for as long as it does not permit such a determination."
Article 8
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply: - with Article 6 and Article 7 (5) on 1 July 1977,
- with Article 5 (2) on 1 July 1978,
- with the other provisions of this Directive not later than 1 July 1979.
Article 9
This Directive is addressed to the Member States.
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COMMISSION REGULATION (EC) No 2760/98 of 18 December 1998 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 753/96 (2), and in particular Article 8 thereof,
Whereas the European Council, meeting in Luxembourg in December 1997, set out the enhanced pre-accession strategy which is intended to enable all applicant countries of central and eastern Europe eventually to become members of the European Union and, to that end, to align themselves as far as possible on the Union acquis prior to accession;
Whereas the accession partnerships, the key feature of enhanced pre-accession strategy, have defined priorities for further work towards accession and must be taken into account in the context of cross-border cooperation;
Whereas the first years of implementation of Commission Regulation (EC) No 1628/94 (3), establishing the PHARE cross-border programme in conjunction with Interreg, have already produced a number of positive results, notably through establishing a dialogue and cooperation between European Union border regions and adjacent regions in countries in central and eastern Europe, contributing to economic development in the border regions of these countries and to greater convergence with the level of development on the European Union side, and offering the opportunity to these regions to familiarise themselves with Interreg practices and procedures, including the design of regional development strategies for border regions;
Whereas further improvements should be aimed at, in particular through increasing the number of projects of a real cross-border nature, and through improving their pace of implementation;
Whereas Romania, as only applicant country without a common border with the Union, should also become eligible for the PHARE cross-border cooperation programme;
Whereas the PHARE cross-border cooperation programme will gradually become part of a wider regional development policy in the context of the pre-accession strategy which would correct present imbalances between budgetary resources allocated for cross-border cooperation and the other pre-accession priorities and between different regions inside the applicant States;
Whereas the Council has repeatedly stressed the need to reinforce cooperation and stimulate integration of the countries of central and eastern Europe and the European Community, as well as the need to support stability and security in the region;
Whereas, in view of the future participation of accession states in the structural policy of the Union, further alignment of the PHARE cross-border cooperation programme with Interreg is required, notably through setting up common cross-border programmes and common programming structures;
Whereas, for applicant countries of central and eastern Europe, the present geographic definition of the PHARE cross-border cooperation programme needs to be gradually extended in order to comprise, in addition to regions adjacent to the European Union, borders with other applicant countries which are PHARE beneficiaries; whereas, in a later stage, borders with other neighbouring countries benefiting from PHARE or other Community assistance programmes may also become eligible;
Whereas eligible actions should be similar to Interreg within the overall framework of the accession partnerships;
Whereas it is necessary to strengthen the involvement of local and regional actors in cross-border cooperation, to enhance the botton-up approach, to bolster their capacities for programming, implementation and monitoring, and to allow local authorities in border regions to take decisions on small projects of a real cross-border nature through setting up small project funds;
Whereas it is necessary to replace Regulation (EC) No 1628/94;
Whereas the present Regulation is in accordance with the opinion of the Committee for Economic Restructuring in certain countries of central and eastern Europe,
HAS ADOPTED THIS REGULATION:
Article 1
Within the overall framework of the PHARE programme as defined by Regulation (EEC) No 3906/89, the following rules shall apply for financing actions of a structural nature in border regions of countries of central and eastern Europe, which are PHARE beneficiaries.
These actions will be implemented taking into account the Community structural policies, and Interreg in particular.
Article 2
1. The eligible borders are those between the countries of central and eastern Europe and the Community, and those between the following applicant countries: Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia.
2. The border regions concerned will be fixed by each country concerned in agreement with the Commission, taking into account the methodology adopted for Interreg.
3. Allocations between beneficiary countries shall be made taking into account criteria of population, GDP per capita and surface of the border regions concerned.
Article 3
Community grants under this programme will primarily finance the participation of the country of central and eastern Europe concerned in joint projects with each State with which it shares a border as defined in Article 2.
The aims of these projects are:
(i) to promote cooperation of border regions in countries in central and eastern Europe with adjacent regions in a neighbouring country as defined in Article 1 and thus to help the border regions in central and eastern Europe to overcome the specific development problems which may arise, inter alia, from their position within the national economies, in the interest of the local population and in a manner compatible with the protection of the environment;
(ii) to promote the creation and the development of cooperation networks on either side of the border, and the establishment of links between these networks and wider Community networks.
Article 4
1. In the border regions selected according to Article 2, the projects to be included in the cross-border cooperation programme can take the form of:
(i) projects linked with measures that are supported by Interreg or by other Community external assistance programmes;
(ii) projects agreed by the countries concerned, that have a cross-border impact, contribute to the development of structures in border regions and facilitate cooperation between the countries as a whole.
2. Special attention will be given to projects in relation to which co-financing by, or on behalf of, the local authorities or economic operators in the countries of central and eastern Europe is provided.
3. Financing may include resources from other Member States of the European Union and countries of central and eastern Europe, from international financial institutions, and from other private and public sources.
Article 5
1. The actions that can be financed under this programme could include:
(a) alleviation of the administrative and institutional obstacles to the free flow of persons, products or services across the border while taking into account the security aspects of such flows;
(b) improving infrastructures, in particular communication facilities and the provision of local water, gas and electricity supplies, providing benefits across border areas;
(c) environmental protection, for instance waste management, environmental management and pollution prevention dealing with problems exacerbated by the proximity to external borders;
(d) agricultural and rural development measures with particular attention for facilitating cross-border cooperation projects;
(e) measures in the fields of energy and transport, aimed at complementing the development of trans-European networks in accordance with the orientations adopted by the Commission;
(f) actions related to justice and home affairs Community policy;
(g) promotion of business cooperation, enterprise development, financial cooperation and cooperation between institutions representing the business sector (e.g. chambers of commerce);
(h) aid to investment and provision of supporting services and facilities, in particular for technology transfer and for marketing for small and medium-sized enterprises;
(i) training and employment measures;
(j) local economic development, including tourism;
(k) measures to promote cooperation in health, particularly the sharing of resources and facilities on a cross-border basis;
(l) the development or establishment of facilities and resources to improve the flow of information and communications between border regions, including support for cross-border radio, television, newspapers and other media;
(m) cultural exchanges;
(n) local employment, education and training initiatives.
However, actions mentioned under (j) to (n) may only be financed under the terms of Article 5(2) below.
2. With a view to encouraging joint small scale actions involving local actors from the border regions and to enhancing their capabilities to identify, develop and implement such actions, a joint small project fund may be established in each border region, for which a limited percentage of the appropriations for the relevant programmes and initiatives for cross-border cooperation may be used.
3. Special attention will be given to measures with a strong cross-border cooperation character which are planned in close cooperation with the regional and local authorities in border areas and which include the establishment or development of shared management structures intended to widen and deepen cross-border cooperation between public and para-public agencies as well as non-profit organisations.
4. The establishment of plans for the development of border regions, project identification and programme formulation, feasibility studies, assistance for the implementation of the programmes and monitoring and/or evaluation studies, may also be financed.
Article 6
1. The Community contribution is provided in principle as a grant. However, whenever the Community grant contributes to the financing of revenue-generating activities, the Commission shall determine, in consultation with the authorities involved, the rules for financing which may include co-financing by the project's revenues or reimbursement of the initial grants.
2. The aid may cover expenditures on imports and local expenditure needed to carry out the projects and programmes.
Tax duties and charges and the purchase of property shall be excluded from the Community financing.
3. Costs covered may include technical assistance, studies, training and other institution-building measures; supply programmes for essential equipment or inputs; investment operations, including work programmes.
4. Maintenance and operating costs in central and eastern European countries may be covered in the start-up phase and in a digressive manner.
Article 7
1. For each of the border regions, a Joint Cooperation Committee will be set up consisting of representatives of the countries concerned including regional or local representatives, and of representatives of the Commission.
2. The Joint Cooperation Committee will prepare a joint cross-border programming document in a multiannual perspective; this document will include common development strategies and priorities for the region, seen as one single socio-economic and geographical entity, and provisions concerning joint implementation. This document will guide the programming and implementation of the actions to be undertaken in the framework of the relevant programmes and initiatives for cross-border cooperation, assisted by the European Community.
3. The Joint Cooperation Committee will define a common set of projects once per year, taking into account the joint cross-border programming document provided under paragraph 2. Recommendations for projects will be transmitted to the Commission by the Government of the country of central and eastern Europe concerned on the basis of the proposals submitted by the relevant authorities.
Article 8
1. The Commission will formulate a programme proposal per border taking into account the joint cross-border programming document referred to under Article 7(1) and further recommendations of the Joint Cooperation Committees for projects to be financed under this programme, as transmitted by the government of the central and eastern European country concerned.
2. The grant constituting the full or partial contribution of the country of central and eastern Europe to the joint project will be approved following the procedure defined in Article 9 of Regulation (EEC) No 3906/89 and agreed with the recipient country concerned by means of a financing memorandum.
Article 9
1. The Commission shall administer this assistance in accordance with the normal practice applied to the assistance to central and eastern Europe, as defined in Regulation (EEC) No 3906/89.
2. Wherever possible, joint monitoring structures should be set up to facilitate the implementation of the programmes.
Article 10
In implementing the objectives referred to pursuant to Article 3, the Commission shall ensure coordination and consistency between assistance from PHARE, other external assistance programmes, and assistance provided by the Structural Funds.
Article 11
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities, and shall replace Regulation (EC) No 1628/94 on that day.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 1998. | [
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COUNCIL DECISION
of 7 June 1988
accepting, on behalf of the Community, Annex B.2 to the International Convention on the Simplification and Harmonization of Customs Procedures
(88/355/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 28, 43 and 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas, by Decision 75/199/EEC (2), the Community concluded the International Convention on the Simplification and Harmonization of Customs Procedures;
Whereas the acceptance of the Annexes to the International Convention on the Simplification and Harmonization of Customs Procedures effectively contributes to facilitation and development of international trade;
Whereas Annex B.2, concerning relief from import duties and taxes in respect of goods declared for home use, may be accepted by the Community;
Whereas acceptance should, however, be accompanied by certain reservations to take account of the specific requirements of the customs union and the stage currently reached in the harmonization of customs legislation,
HAS DECIDED AS FOLLOWS:
Article 1
Annex B.2 to the International Convention on the Simplification and Harmonization of Customs Procedures, concerning relief from import duties and taxes in respect of goods declared for home use, is hereby accepted on behalf of the Community, subject to a reservation of a general nature and reservations with regard to Standards 3, 21, 28 and 34 and recommended practices 10, 16,18,19, 20, 23, 27, 29, 32, 33 and 35.
The text of Annex B.2, together with the reservations, is attached to this Decision.
Article 2
The President of the Council shall designate the person empowered to notify the Secretary-General of the Customs Cooperation Council of the acceptance, by the Community, of the Annex referred to in Article 1, subject to the reservations referred to in the said Article.
Done at Luxembourg, 7 June 1988. | [
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Commission Regulation (EC) No 2519/2001
of 20 December 2001
amending the export refunds on syrups and certain other sugar sector products exported in the natural state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), and in particular the third indent of Article 27(5) thereof,
Whereas:
(1) The refunds on syrups and certain other sugar products were fixed by Commission Regulation (EC) No 2341/2001(2).
(2) It follows from applying the rules, criteria and other provisions contained in Regulation (EC) No 2341/2001 to the information at present available to the Commission that the export refunds at present in force should be altered as shown in the Annex hereto,
HAS ADOPTED THIS REGULATION:
Article 1
The refunds to be granted on the products listed in Article 1(1)(d), (f) and (g) of Regulation (EC) No 1260/2001, exported in the natural state, as fixed in the Annex to Regulation (EC) No 2341/2001 are hereby altered to the amounts shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 21 December 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EEC) N° 2464/87
of 4 August 1987
on the application of Decision N° 1/87 of the EEC-Switzerland Joint Committee modifying the limits expressed in ECU in Article 8 of Protocol 3 concerning the definition of the concept of originating products and methods of administrative cooperation
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Agreement between the European Economic Community and the Swiss Confederation (1), signed on
22 July 1972, entered into force on 1 January 1973;
Whereas, by virtue of Article 28 of Protocol 3 concerning the definition of the concept of originating products and methods of administrative cooperation, which forms an integral part of the said Agreement, the Joint Committee adopted Decision N° 1/87 further amending Article 8 of that Protocol;
Whereas it is necessary to apply that Decision in the Community,
HAS ADOPTED THIS REGULATION:
Article 1
Decision N° 1/87 of the EEC-Switzerland Joint Committee shall apply in the Community.
The text of the Decision is attached to this Regulation.
Article 2
This Regulation shall enter into force on the 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.
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COMMISSION DIRECTIVE 2005/87/EC
of 5 December 2005
amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed as regards lead, fluorine and cadmium
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (1), and in particular Article 8(1) thereof,
Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (2), and in particular the third sentence of Article 13(2) thereof,
Whereas:
(1)
Directive 2002/32/EC provides that the use of products intended for animal feed which contain levels of undesirable substances exceeding the maximum levels laid down in Annex I thereto is prohibited.
(2)
When Directive 2002/32/EC was adopted, the Commission stated that the provisions laid down in Annex I to that Directive would be reviewed on the basis of updated scientific risk assessments and taking into account the prohibition of any dilution of contaminated non-complying products intended for animal feed.
(3)
The Scientific Panel on contaminants in the Food Chain of the European Food Safety Authority (EFSA) adopted an opinion on a request from the Commission related to lead as undesirable substance in animal feed on 2 June 2004.
(4)
Contamination of food with lead is of public health concern. Lead accumulates to some extent in kidney and liver tissue, muscle tissues contain very low residual amounts of lead and carry-over into milk is limited. Therefore foods of animal origin are not a major source of human exposure to lead.
(5)
Cattle and sheep seem to be the most sensitive animal species with respect to acute lead toxicity. Individual intoxications have been reported, resulting from ingestion of feed material originating from polluted areas or accidental ingestions of lead sources. However, the levels found in commercial feed materials in the European Union do not induce clinical signs of toxicity.
(6)
The existing legal provisions as regards lead in products intended for animal feed are generally appropriate to ensure that these products do not represent any danger to human health, animal health or adversely affect the livestock production.
(7)
Cattle and sheep seem to be the most sensitive animal species and green fodder is a major component of their daily ration, it is important to provide for a review in view of a possible further reduction of the maximum level of lead in green fodder.
(8)
In addition the establishment of a maximum level of lead for additives belonging to the functional group of trace elements, binders and anti-caking agents and for premixtures is appropriate. The maximum level established for premixtures takes into account the additives with the highest level of lead and not the sensitivity of the different animal species to lead. In order to protect animal and public health, it is therefore the responsibility of the producer of premixtures to ensure that, in addition to compliance with the maximum levels for premixtures, the instructions for use on the premixture are in accordance with the maximum levels for complementary and complete feedingstuffs.
(9)
The Scientific Panel on contaminants in the Food Chain of the EFSA adopted an opinion on a request from the Commission related to fluorine as undesirable substance in animal feed on 22 September 2004.
(10)
Fluoride accumulates particularly in calcifying tissues. In contrast, transmission into edible tissues including milk and eggs is limited. Hence, the fluoride concentrations in foods from animal origin contribute only marginally to human exposure.
(11)
In the European Union, fluoride levels in pastures, herbages and compound feeds are generally low and subsequently exposure of animals to fluoride is generally below the level causing detrimental effects. However, in certain distinct geographic areas and incidentally in the proximity of industrial sites with high fluoride emission, excessive exposure to fluoride is associated with dental and skeleton abnormalities.
(12)
The existing legal provisions as regards fluorine in products intended for animal feed are appropriate to ensure that these products do not represent any danger to human health, animal health or adversely affect the livestock production.
(13)
The extraction procedure used has a large influence on the analytical result and it is therefore appropriate to determine the extraction procedure. Equivalent procedures with demonstrated equal extraction efficiency can be used.
(14)
The level for fluorine in marine crustaceans such as marine krill has to be amended in order to take into account new processing techniques to improve the nutritional quality and to reduce the biomass loss but which also results in higher levels of fluorine in the final end product.
(15)
Commission Directive 84/547/EEC of 26 October 1984 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs (3) establishes a maximum level for fluorine in vermiculite (E 561). The scope of Directive 2002/32/EC provides for the possibility of the establishment of maximum levels of undesirable substances in feed additives and the rules governing undesirable substances should be collected in a single text for greater clarity.
(16)
The Scientific Panel on contaminants in the Food Chain of the EFSA adopted an opinion on a request from the Commission related to cadmium as undesirable substance in animal feed on 2 June 2004.
(17)
Contamination of food with cadmium is of public health concern. Accumulation of cadmium in animal tissue is function of dietary concentration and duration of exposure. The short life span of animals like fattening pigs and poultry minimizes the risk of undesirable cadmium concentrations in edible tissues of these animals Ruminants and horses however may be exposed during their entire lifespan to cadmium present in pastures. In distinct regions this may result in an undesirable cadmium accumulation particularly in kidneys.
(18)
Cadmium is toxic to all animal species. In most of the domestic animal species, including pigs which are considered the most sensitive species, gross clinical symptoms are unlikely to occur if dietary cadmium concentrations remain below 5 mg/kg feed.
(19)
The existing legal provisions as regards cadmium in products intended for animal feed are appropriate to ensure that these products do not represent any danger to human health, animal health or adversely affect the livestock production.
(20)
No maximum level is currently established for pet food and feed materials of mineral origin other than phosphates. It is appropriate to establish a maximum level for these products intended for animal feed. It is appropriate to amend the current maximum level for cadmium for fish feed in order to take into account recent developments in formulating fish feed incorporating higher ratios of fish oil and fishmeal. In addition the establishment of a maximum level of cadmium for additives belonging to the functional group of trace elements, binders and anti-caking agents and for premixtures is appropriate. The maximum level established for premixtures takes into account the additives with the highest level of cadmium and not the sensitivity of the different animal species to cadmium. As provided in Article 16 of Regulation (EC) No 1831/2003, in order to protect animal and public health, it is the responsibility of the producer of premixtures to ensure that, in addition to compliance with the maximum levels for premixtures, the instructions for use on the premixture are in accordance with the maximum levels for complementary and complete feedingstuffs.
(21)
Directive 2002/32/EC and Directive 84/547/EEC should therefore be amended accordingly.
(22)
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex I to Directive 2002/32/EC is amended in accordance with the Annex to this Directive.
Article 2
Without prejudice to the other conditions for the authorisation of the additive vermiculite, belonging to the group of binders, anti-caking agents and coagulants, laid down in Directive 70/524/EEC, the maximum fluorine content shall be as set out in the Annex to this Directive.
Article 3
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive 12 months after the entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.
Article 4
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 5
This Directive is addressed to the Member States.
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COMMISSION DIRECTIVE 2006/53/EC
of 7 June 2006
amending Council Directive 90/642/EEC as regards the maximum residue levels of fenbutatin-oxide, fenhexamid, cyazofamid, linuron, triadimephon/triadimenol, pymetrozine, and pyraclostrobin
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin including fruit and vegetables (1), and in particular Article 7 thereof,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (2), and in particular Article 4(1)(f) thereof,
Whereas:
(1)
In accordance with Directive 91/414/EEC, authorisations of plant protection products for use on specific crops are the responsibility of the Member States. Such authorisations have to be based on the evaluation of effects on human and animal health and influence on the environment. Elements to be taken into account in such evaluations include operator and bystander exposure and impact on the terrestrial, aquatic and aerial environments, as well as impact on humans and animals through consumption of residues on treated crops.
(2)
Maximum residue levels (MRLs) reflect the use of minimum quantities of pesticides to achieve effective protection of plants, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable, in particular in terms of estimated dietary intake.
(3)
Maximum residue levels (MRLs) for pesticides covered by Directive 90/642/EEC are to be kept under review and may be modified to take account of new or changed uses. Information about new or changed uses has been communicated to the Commission with respect to fenbutatin oxide, fenhexamid, cyazofamid, linuron, triadimephon/triadimenol, pymetrozine, and pyraclostrobin.
(4)
The lifetime exposure of consumers to these pesticides via food products that may contain residues of these pesticides has been assessed and evaluated in accordance with the procedures and practices used within the Community, taking account of guidelines published by the World Health Organisation (3). Based on those assessment and evaluations, the MRLs for those pesticides should be set so as to ensure that the acceptable daily intake is not exceeded.
(5)
In the case of pymetrozine, linuron, triadimenol, pyraclostrobine and fenbutatin oxide for which an acute reference dose (ARfD) exists, the acute exposure of consumers via each of the food products that may contain residues of these pesticides has been assessed and evaluated in accordance with the procedures and practices currently used within the Community, taking account of guidelines published by the World Health Organisation. The opinions of the Scientific Committee on Plants, in particular advice and recommendations concerning the protection of consumers of food products treated with pesticides (4), have been taken into account. Based on the intake assessment of pymetrozine, linuron, triadimenol, pyraclostrobine and fenbutatin oxide, the MRLs for those five pesticides should be fixed so as to ensure that the ARfD will not be exceeded. In the case of the other substances, an assessment of the available information has shown that no ARfD is required and that therefore a short term assessment is not needed.
(6)
Where authorised uses of plant protection products do not result in detectable levels of pesticide residues in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported with such necessary data, MRLs should be fixed at the lower limit of analytical determination.
(7)
Therefore it is appropriate to fix new MRLs for those pesticides.
(8)
The setting or modification at Community level of provisional MRLs does not prevent the Member States from establishing provisional MRLs for fenhexamid, cyazofamid, linuron, pymetrozine, and pyraclostrobin in accordance with Article 4(1)(f) of Directive 91/414/EEC and Annex VI thereto. It is considered that a period of four years is sufficient to permit further uses of these substances. The provisional Community MRL should then become definitive.
(9)
Directive 90/642/EEC should therefore be amended accordingly.
(10)
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
In Annex I to Directive 90/642/EEC in the category ‘2. Vegetables, fresh or uncooked, frozen or dry, (v) Leaf vegetables and fresh herbs, (a) Lettuce and similar’, the entries ‘leaves and stems of brassica’ and ‘ruccola’ are added between the entries ‘Scarole’ and ‘others’.
Article 2
Part A of Annex II to Directive 90/642/EEC is amended in accordance with the Annex to this Directive.
Article 3
1. Member States shall adopt and publish, by 8 December 2006 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 9 December 2006 except for pyraclostrobine where they shall apply the provisions from 21 April 2007.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 4
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 7 June 2006. | [
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Commission Decision
of 13 November 2002
on the State aid implemented by Italy for Pertusola Sud
(notified under document number C(2002) 4360)
(Only the Italian text is authentic)
(Text with EEA relevance)
(2003/731/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having called on interested parties to submit their comments pursuant to the provisions cited above(1), and having regard to those comments,
Whereas:
I. PROCEDURE
(1) By letter dated 18 September 2000, Italy notified a draft contract to the Commission concerning the sale of Pertusola Sud SpA in liquidation to Zincocalabra SpA, a private group of companies headed by Cogefin SpA. The contract was notified in accordance with Article 3(1)(a) of Commission Decision 98/212/EC of 16 April 1997 on the aid granted by Italy to Enirisorse SpA(2) as the contract contained a suspensive clause that requires the Commission's approval in order to be valid.
(2) By letter of 13 February 2001 the Commission notified Italy of its decision to initiate proceedings under Article 88(2).
(3) The Commission decision to initiate proceedings was published in the Official Journal of the European Communities(3). The Commission invited interested parties to submit their comments.
(4) The Commission received comments from the United Kingdom as well as from Union Minière, Metaleurop and Nuova Solmine. The comments were forwarded to Italy for its views and its response was received on 22 October 2001.
II. DESCRIPTION
(5) By Decision 98/212/EC the Commission authorised Italy to grant aid totalling ITL 1819 billion to Enirisorse SpA for the restructuring of some of its subsidiaries, including Pertusola Sud SpA. The aid for Pertusola Sud SpA amounted to ITL 280 million and covered the period 1992 to 1996. Article 2 of the Decision required Italy to comply with its commitments as set out in the restructuring plan, i.e. to privatise the remaining companies and production sites of Enirisorse SpA by 31 December 1998. One of the two firms in question was Pertusola Sud.
(6) The Decision also required Pertusola Sud to have been shut down and dismantled by the end of 1997, or to be sold to an interested buyer. In any event the firm could no longer produce zinc. The Commission had also taken the view that the 45 % cut in Enirisorse's zinc production capacity resulting from the closure of Pertusola Sud was an adequate counterpart to the aid granted to Pertusola. It had therefore concluded that the aid did not affect competition to an extent contrary to the common interest.
(7) On 24 July 1997 Enirisorse invited offers for Pertusola Sud. On 31 March 1998 Pertusola entered into liquidation, and ceased production in February 1999. It had a capital of ITL 22 billion, wholly owned by Enirisorse.
(8) In August 2000 Enirisorse SpA agreed to sell its entire share capital in Pertusola Sud to Zincocalabra.
(9) Zincocalabra SpA is a new company owned by a private group of firms headed by Cogefin SpA, an Italian group whose companies operate chiefly in the zinc sector. Zincocalabra SpA planned to increase Pertusola's zinc output to 185000 tonnes a year and carry out an investment programme costing ITL 500 billion, to which it would contribute ITL 250 billion. The remaining 50 % would be granted in the form of regional aid, which would be notified to the Commission under the multisectoral framework. Another clause in the contract provided for the payment by Enirisorse SpA of the cost of making good past environmental damage, up to a maximum of ITL 180 million, a payment to which Enirisorse had already agreed.
(10) The Italian authorities also informed the Commission that Pertusola Sud entered into liquidation on 31 March 1998 and that Enirisorse had therefore ceased contributing capital although it was continuing to cover Pertusola's financial requirements to allow its liquidation as a solvent company.
(11) The Commission initiated proceedings for the following reasons:
- possible misuse of the aid approved under the 1997 decision on Pertusola Sud,
- the payments made by Enirisorse to cover Pertusola's financial commitments in order to ensure that it remained solvent even though it was in liquidation could be regarded as State aid and possibly as incompatible with the common market,
- the payment by Enirisorse of the environmental costs borne by Pertusola Sud could be regarded as State aid and possibly as incompatible with the common market.
III. COMMENTS FROM INTERESTED PARTIES
(12) The United Kingdom as well as Union Minière, Metaleurop and Nuova Solmine sent comments in support of the Commission's preliminary assessment.
IV. COMMENTS FROM ITALY
(13) By letter of 28 March 2001, Italy informed the Commission that the contract concluded with Zincocalabra had been rescinded.
(14) By letters dated 5 April 2001 and 22 October 2001, Italy expressed its disagreement with the preliminary assessment made by the Commission as well as with the comments submitted by the interested parties.
(15) By letter of 1 August 2002, Italy informed the Commission that:
- on 14 December 2001 a contract for the dismantling of Pertusola's plant had been concluded. The dismantling was to be completed within 16 months of the start of work, as provided for in the contract,
- at 31 December 2001 Pertusola was employing 24 persons to carry out the liquidation (dismantling, safety and administration), of whom nine would leave the firm in 2002,
- on 1 February 2002 Pertusola merged with Singea SpA in liquidation (which is the current name of Enirisorse).
V. CONCLUSIONS
(16) The Commission concludes that the dismantling of the plant imposed by the 1997 decision, although delayed, will be completed.
(17) The Commission also concludes that, following the cessation of activity and the ensuing dismantling of the plant, there are no longer any potential distortions of competition due to the measures that Italy would have implemented unlawfully for Pertusola Sud in liquidation, in breach of Article 88(3) of the EC Treaty.
The Commission accordingly concludes that the formal investigation procedure initiated under Article 88(2) of the EC Treaty in respect of the measure in question thus no longer serves any purpose, although Italy is still subject to the obligation in Article 3 of Decision 98/212/EC to provide the Commission with six-monthly reports between 1 October and 1 April of each year, until the dismantling of the plant at Pertusola Sud is completed,
HAS ADOPTED THIS DECISION:
Article 1
The formal investigation procedure initiated under Article 88(2) of the Treaty on 13 February 2001 against the measures implemented by Italy for Pertusola Sud (State aid C 8/2001) is closed.
Article 2
Italy shall send the Commission the six-monthly reports provided for in Article 3 of Decision 98/212/EC until the dismantling of the Pertusola Sud plant has been completed.
Article 3
This Decision is addressed to the Italian Republic.
Done at Brussels, 13 November 2002. | [
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