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Commission Regulation (EC) No 1315/2002
of 19 July 2002
amending Regulation (EC) No 1623/2000 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms
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 last amended by Regulation (EC) No 2585/2001(2), and in particular Article 33 thereof,
Whereas:
(1) Article 63 of Commission Regulation (EC) No 1623/2000(3), as last amended by Regulation (EC) No 420/2002(4), lays down delivery dates among the other detailed rules on distillery deliveries.
(2) In Portugal, when the intervention agency takes over alcohol produced from various distillations, the distillers deliver the product to the intervention agency, which stores it in the premises under its management. The Community then sells this stored alcohol through invitations to tender.
(3) It was not possible to conduct invitations to tender in the most recent period, and the agency's storage facilities are now completely full. Consequently, as the Portuguese intervention agency has not yet been able to organise new premises, it asked the distillers to store the alcohol on their own premises. The distillers have gradually reached their storage capacity limits as a result and have been unable to accept all the wines to be delivered by the producers for distillation under Article 1 of Commission Regulation (EC) No 378/2002(5).
(4) The delivery period in Portugal must therefore be extended so that the planned operation can be completed and operators are not penalised for deliveries made after 30 June. Allowing deliveries to continue is advisable in order to prevent deliveries from extending beyond the wine year.
(5) This amendment must therefore apply retroactively from 1 July 2002. This retroactivity does not prejudice the operators' legitimate expectations because it provides only for an extension of the delivery period.
(6) 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
The following subparagraph is hereby added to Article 63(9) of Regulation (EC) No 1623/2000: "However, for the 2001/02 marketing year, the wines listed in the contracts concluded with Portugal for distillation under Article 1 of Regulation (EC) No 378/2002 can be delivered until 31 July 2002."
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 July 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 July 2002. | [
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COMMISSION REGULATION (EC) No 1848/95 of 26 July 1995 fixing the buying-in prices, aids and certain other amounts applicable for the 1995/96 wine year to intervention measures in the wine sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 257 (1) thereof,
Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 149 (1) thereof,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EC) No 1544/95 (2), and in particular Articles 35 (8), 36 (6), 38 (5), 41 (10), 44, 45 (9) and 46 (5) thereof,
Whereas Article 14 of Commission Regulation (EC) No 3299/94 (3) of 21 December 1994 on transitional measures applicable in Austria in the wine-growing sector, as last amended by Regulation (EC) No 670/95 (4), provides for Title III of Regulation (EEC) No 822/87 to apply in its entirety in Austria from the 1995/96 wine year; whereas, however, Austria should, in the interests of administrative clarity, be considered to form part of the wine-growing zone B provided for in Annex IV to Regulation (EEC) No 822/87;
Whereas Council Regulation (EC) No 1545/95 (5) fixes the guide prices for wine for the 1995/96 wine year; whereas the prices, aids and other amounts for the various intervention measures to be adopted for that wine year should accordingly be fixed on that basis;
Whereas this Regulation applies to Portugal; whereas, however, since wine-growing zones have not been delimited in that country, the oenological practices authorized in accordance with the rules laid down under Title II of Regulation (EEC) No 822/87 should be defined;
Whereas, since enrichment is an exceptional practice, the same reduction in the buying-in price for wine provided for in Article 44 of Regulation (EEC) No 822/87 and laid down in Annex VIII should be applied as in wine-growing zone C; whereas, in accordance with Article 341 of the Act of Accession of Spain and Portugal the derogations in force for 'vinho verde' should be extended;
Whereas the aid for the use in wine-making of concentrated grape must and rectified concentrated grape must as provided for in Article 45 (1) of Regulation (EEC) No 822/87 must be fixed taking into account the difference between the cost of enrichment achieved using concentrated grape must and using sucrose; whereas, in the light of the data available to the Commission, the amount of the aid should be varied with the product used for enrichment;
Whereas distillers may, in accordance with Articles 35 (6) and 36 (4) of Regulation (EEC) No 822/87, either receive aid for the product to be distilled or deliver the product obtained from distillation to the intervention agency; whereas the amount of the aid must be fixed on the basis of the criteria laid down in Article 16 of Regulation (EEC) No 2046/89 (6), as amended by Regulation (EC) No 1546/95 (7);
Whereas the price of wine to be distilled under Articles 38 and 41 of Regulation (EEC) No 822/87 does not normally allow the marketing at market prices of products obtained from distillation; whereas provision must therefore be made for aid, the amount of which is to be fixed on the basis of the criteria laid down in Article 8 of Regulation (EEC) No 2046/89, account also being taken of the present uncertainty of prices on the market for distillation products;
Whereas some wine delivered for one of the distillation operations may be processed into wine fortified for distillation; whereas the amounts applicable to distillation in accordance with the rules laid down in Article 26 of Regulation (EEC) No 2046/89 should be adjusted accordingly;
Whereas experience gained in sales by invitation to tender of alcohol held by intervention agencies shows that the difference between prices which may be obtained for neutral spirits and raw alcohol does not justify the takeover of the former; whereas, moreover, quantities of neutral spirits currently available are sufficient to satisfy, at least for one wine year, any demand for that product; whereas under these circumstances the possibility provided for in Articles 35, 36 and 39 of Regulation (EEC) No 822/87 should be used by producing for the buying-in of all alcohol at the price for raw alcohol;
Whereas Article 4 of Commission Regulation (EEC) No 3105/88 (1), as last amended by Regulation (EEC) No 3186/92 (2), laying down detailed rules for the application of compulsory distillation as provided for in Articles 35 and 36 of Regulation (EEC) No 822/87 sets a standard natural alcohol strength by volume to be applied in the various wine-growing zones for the purpose of determining the volume of alcohol to be delivered for distillation under Article 35 of Regulation (EEC) No 822/87; whereas it has not been possible to fix this standard natural alcoholic strength in Portugual because the wine-growing zones in that country have not yet been delimited; whereas, therefore, a provisional standard natural alcohol strength should be fixed;
Whereas Article 46 (3) of Regulation (EEC) No 822/87 lays down criteria for fixing the aid provided for in that Article; whereas, as regards the aid for the use of grapes, grape must and concentrated grape must for the manufacture of grape juice, paragraph 4 of that Article stipulates that a part of the aid should be set aside for the organization of campaigns to promote the consumption of grape juice and whereas the aid may be increased to that end; whereas, having regard to the criteria laid down and of the need to finance those campaigns, the aid should be fixed at a level permitting sufficient quantities to be obtained for the effective promotion of the product;
Whereas the reduction in the buying-in price for wine provided for in Article 44 of Regulation (EEC) No 822/87 depends on the average increase in the natural alcoholic strength in each wine-growing zone; whereas experience shows that that increase corresponds on average to half the maximum increase authorized; whereas the reduction in the buying-in price must accordingly correspond to the added alcoholic strength as a percentage of the alcoholic strength of wine delivered for distillation;
Whereas Commission Regulation (EEC) No 3800/81 of 16 December 1981 determining the classification of vine varieties (3), as last amended by Regulation (EC) No 3255/94 (4), establishes the list of vine varieties recommended and authorized in Portugal; whereas, in assessing the production of wine in Portugal, reference should be made to those vine varieties;
Whereas 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
This Regulation fixes the buying-in prices, the aids and certain other amounts applicable for the 1995/96 wine year to intervention measures in the wine sector in the Community. As regards the measures provided for in Articles 38 and 41 of Regulation (EEC) No 822/87, those amounts shall be fixed subject to a subsequent decision on the activating of those measures.
Article 2
1. The buying-in prices of the products and of wine delivered during the 1995/96 wine year for compulsory distillation as provided for in Articles 35 and 36 of Regulation (EEC) No 822/87 and, for those products:
- aid to distillers,
- aid to fortifiers of wine of distillation,
- the buying-in prices of alcohol obtained, delivered to an intervention agency,
- the contribution from the European Agricultural Guidance and Guarantee Fund towards the taking over of that alcohol,
shall be as set out in Annexes I and II hereto.
2. In accordance with the second subparagraph of Article 35 (6), the second subparagraph of Article 36 (4) and the second subparagraph of Article 39 (7), the intervention agency shall pay the raw alcohol price for the alcohol delivered to it.
Article 3
The buying-in prices for wine delivered during the 1995/96 wine year for voluntary distillation as provided for in Articles 38 and 41 of Regulation (EEC) No 822/87 and, for those products:
- aid to distillers,
- aid to fortifiers of wine for distillation,
shall be as set out respectively in Annexes III and IV.
Article 4
The aid for utilization during the 1995/96 wine year of concentrated grape must and rectified concentrated grape must as provided for in Article 45 (1) and in the first subparagraph of Article 46 (1) of Regulation (EEC) No 822/87 shall be as set out respectively in Annexes V, VI and VII hereto.
Article 5
The reductions provided for in Article 44 of Regulation (EEC) No 822/87 applicable to the buying-in prices for wine delivered during the 1995/96 wine year for distillation as provided for in Articles 36, 38, 39 or 42 of that Regulation and, for that wine:
- to the aid to the distiller,
- to the buying-in prices of alcohol obtained, delivered to an intervention agency,
- to the contribution from the European Agricultural Guidance and Guarantee Fund to the taking over of that alcohol,
shall be as set out in Annex VIII hereto.
For the purposes of this Article, Portugal shall be considered to from part of wine-growing zone C, and Austrian of wine-growing zone B.
Article 6
1. The rules governing oenological practices and processes laid down in Title II of Regulation (EEC) No 822/87 shall apply to Portugal during the 1995/96 wine year subject to the following conditions:
(a) increase in alcoholic strength shall be limited to 2 % vol. Products eligible under this measure shall have a natural alcoholic strength by volume of at least 7,5 % vol, before enrichment and total alcoholic strength by volume of not more than 13 % after enrichment.
However, products upstream of table wine originating in the 'Vinho verde' region must have an alcoholic strength by volume of at least 7 % before enrichment.
The addition of concentrated grape must or rectified concentrated grape must shall not have the effect of increasing the initial volume of fresh crushed grapes, grape must, grape must in fermentation or new wine still in fermentation by more than 6,5 %;
(b) fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be the subject of acidification or deacidification.
2. The wine varieties which may be used to produce table wine shall be those listed in the Annex to Regulation (EEC) No 3800/81.
Without prejudice to Article 341 of the Act of Accession, 'vinho verde' may:
- be marketed with a minimum total alcoholic strength by volume 8,5 % for wines which have not been subject to enrichment,
- possess a total context of sulphine dioxide no greater than 300 milligrams per litre for white 'Vinho verde' wines with a residual sugar content not less than 5 g/l.
3. The quantity of alcohol which producers of table wine in Portugal must deliver for distillation in accordance with Article 35 of Regulation (EEC) No 822/87 shall be calculated on the basis of a standard natural alcoholic strength, to be taken into consideration for the assessment of the volume of alcohol contained in the wine produced, equal to 9 % by volume, with the exception of wines produced in the delimited 'Vinho verde' region, for which the alcohoic strength to be taken into consideration shall be 8,5 %.
Article 7
This Regulation shall enter into force on 1 September 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 1995. | [
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COUNCIL REGULATION (EEC) No 2845/77 of 19 December 1977 amending Regulation (EEC) No 1736/75 on the external trade statistics of the Community and statistics of trade between Member States
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas, with effect from 1 January 1977, the external trade statistics of the Community and statistics of trade between Member States are produced in European units of account (EUA) as defined by Commission Decision No 3289/75/ECSC of 18 December 1975 on the definition and conversion of the unit of account to be used in Decisions, recommendations, opinions and communications for the purposes of the Treaty establishing the European Coal and Steel Community (2);
Whereas, since the adoption of Council Regulation (EEC) No 1736/75 of 24 June 1975 on the external trade statistics of the Community and statistics of trade between Member States (3), prices have developed in such a way that it is necessary to raise the statistical threshold from 250 to 300 EUA in order to enable the Member States to discontinue the statistical recording of consignments of minor or trifling importance if they wish to make use of this option for reasons of economy;
Whereas the present situation as regards exchange rates has resulted in the statistical threshold, as expressed in European units of account, being adjusted at shorter intervals than originally planned ; whereas the system can be simplified, as is required by the circumstances, by the inclusion of a provision for the statistical threshold to be adjusted under the procedure set out in Article 41 of Regulation (EEC) No 1736/75,
HAS ADOPTED THIS REGULATION:
Article 1
1. The text of Article 24 of Regulation (EEC) No 1736/75 shall be replaced as follows:
"Article 24
1. The statistical threshold shall be the limit, expressed in net weight and in value, below which no figures are compiled.
2. The statistical threshold may not exceed 1 000 kg regardless of the statistical value of the goods or 300 European units of account regardless of the net weight of the goods. Each Member State shall inform the Commission of the statistical threshold which it has adopted.
3. Such measures as may be required for purposes of changing the amount in European units of account fixed by paragraph 2, or of applying that paragraph, or of standardizing the statistical threshold shall be adopted in accordance with Article 41.
4. The European unit of account (EUA) is that defined by Commission Decision No 3289/75/ECSC of 18 December 1975 on the definition and conversion of the unit of account to be used in Decisions, recommendations, opinions and communications for the purposes of the Treaty establishing the European Coal and Steel Community (1)."
2. At the bottom of the page of Article 24 of Regulation (EEC) No 1736/75 the following reference shall be inserted:
"(1) OJ No L 327, 19.12.1975, p. 4."
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. (1)OJ No C 299, 12.12.1977, p. 54. (2)OJ No L 327, 19.12.1975, p. 4. (3)OJ No L 183, 14.7.1975, p. 3.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 1555/2002
of 30 August 2002
fixing the export refunds on syrups and certain other sugar products exported in the natural state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 680/2002(2), and in particular the second subparagraph of Article 27(5) thereof,
Whereas:
(1) Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(d) of that Regulation and prices for those products within the Community may be covered by an export refund.
(2) Article 3 of Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector(3), provides that the export refund on 100 kilograms of the products listed in Article 1(1)(d) of Regulation (EC) No 1260/2001 is equal to the basic amount multiplied by the sucrose content, including, where appropriate, other sugars expressed as sucrose; the sucrose content of the product in question is determined in accordance with Article 3 of Commission Regulation (EC) No 2135/95.
(3) Article 30(3) of Regulation (EC) No 1260/2001 provides that the basic amount of the refund on sorbose exported in the natural state must be equal to the basic amount of the refund less one hundredth of the production refund applicable, pursuant to Commission Regulation (EC) No 1265/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards granting the production refund on certain sugar products used in the chemical industry(4) to the products listed in the Annex to the last mentioned Regulation;
(4) According to the terms of Article 30(1) of Regulation (EC) No 1260/2001, the basic amount of the refund on the other products listed in Article 1(1)(d) of the said Regulation exported in the natural state must be equal to one-hundredth of an amount which takes account, on the one hand, of the difference between the intervention price for white sugar for the Community areas without deficit for the month for which the basic amount is fixed and quotations or prices for white sugar on the world market and, on the other, of the need to establish a balance between the use of Community basic products in the manufacture of processed goods for export to third countries and the use of third country products brought in under inward-processing arrangements.
(5) According to the terms of Article 30(4) of Regulation (EC) No 1260/2001, the application of the basic amount may be limited to some of the products listed in Article 1(1)(d) of the said Regulation.
(6) Article 27 of Regulation (EC) No 1260/2001 makes provision for setting refunds for export in the natural state of products referred to in Article 1(1)(f) and (g) and (h) of that Regulation; the refund must be fixed per 100 kilograms of dry matter, taking account of the export refund for products falling within CN code 1702 30 91 and for products referred to in Article 1(1)(d) of Regulation (EC) No 1260/2001 and of the economic aspects of the intended exports; in the case of the products referred to in the said Article (1)(f) and (g), the refund is to be granted only for products complying with the conditions in Article 5 of Regulation (EC) No 2135/95; for the products referred to in Article 1(1)(h), the refund shall be granted only for products complying with the conditions in Article 6 of Regulation (EC) No 2135/95.
(7) The refunds referred to above must be fixed every month; they may be altered in the intervening period.
(8) Application of these quotas results in fixing refunds for the products in question at the levels given in the Annex to this Regulation.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(1)(d)(f)(g) and (h) of Regulation (EC) No 1260/2001, exported in the natural state, shall be set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 1 September 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 802/2005
of 26 May 2005
fixing the export refunds on white sugar and raw sugar exported in its unaltered state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph of Article 27(5) thereof,
Whereas:
(1)
Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(a) of that Regulation and prices for those products within the Community may be covered by an export refund.
(2)
Regulation (EC) No 1260/2001 provides that when refunds on white and raw sugar, undenatured and exported in its unaltered state, are being fixed account must be taken of the situation on the Community and world markets in sugar and in particular of the price and cost factors set out in Article 28 of that Regulation. The same Article provides that the economic aspect of the proposed exports should also be taken into account.
(3)
The refund on raw sugar must be fixed in respect of the standard quality. The latter is defined in Annex I, point II, to Regulation (EC) No 1260/2001. Furthermore, this refund should be fixed in accordance with Article 28(4) of that Regulation. Candy sugar is defined in Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector (2). The refund thus calculated for sugar containing added flavouring or colouring matter must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content.
(4)
In special cases, the amount of the refund may be fixed by other legal instruments.
(5)
The refund must be fixed every two weeks. It may be altered in the intervening period.
(6)
The first subparagraph of Article 27(5) of Regulation (EC) No 1260/2001 provides that refunds on the products referred to in Article 1 of that Regulation may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary.
(7)
The significant and rapid increase in preferential imports of sugar from the western Balkan countries since the start of 2001 and in exports of sugar to those countries from the Community seems to be highly artificial.
(8)
To prevent any abuse through the re-import into the Community of sugar products in receipt of an export refund, no refund should be set for all the countries of the western Balkans for the products covered by this Regulation.
(9)
In view of the above and of the present situation on the market in sugar, and in particular of the quotations or prices for sugar within the Community and on the world market, refunds should be set at the appropriate amounts.
(10)
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
The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, are hereby fixed to the amounts shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 27 May 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 May 2005. | [
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*****
COUNCIL DECISION
of 11 April 1989
authorizing the United Kingdom to apply a measure derogating from Article 21 (1) (a) of the Sixth Directive 77/388/EEC on the harmonization of the laws of the Member States relating to turnover taxes
(89/533/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - common system of value added tax: uniform basis of assessment (1), as last amended by the Act of Accession of Spain and Portugal, hereinafter referred to as the 'Sixth Directive' and in particular Article 27 thereof,
Having regard to the proposal from the Commission,
Whereas, under Article 27 (1) of the Sixth Directive, the Council acting unanimously on a proposal from the Commission, may authorize any Member State to introduce special measures for derogation from the provisions of that Directive, in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion or avoidance;
Whereas the United Kingdom was authorized by a Council Decision deemed to have been adopted on 14 April 1987, in accordance with the procedure laid down by Article 27 (4) of the Sixth Directive, to introduce, for a period of two years from 1 April 1987, a derogation measure to combat tax avoidance;
Whereas the purpose of that measure is to prevent groups of businesses which are treated as a single taxable person within the meaning of Article 4 (4) of the Sixth Directive and are not entitled to deduct tax in full from being able to enjoy full deduction of the tax on certain transfers of assets;
Whereas to prevent tax avoidance of this type the United Kingdom applies a legislative provision laying down that the company to which such assets are transferred becomes liable to tax;
Whereas the said measure constitutes a derogation from Article 21 (1) (a) of the Sixth Directive, whereby, under the internal system, the person liable for the tax is the taxable person who carries out the taxable transaction;
Whereas the United Kingdom has, by a letter registered at the Commission on 9 January 1989, requested authorization to extend the said measure by one year pending adoption of other provisions to be based on Article 20 of the Sixth Directive;
Whereas the other Member States were informed on 9 February 1989 of the request made by the United Kingdom; whereas the Council's Decision is deemed to have been adopted if, within two months of the other Member States being informed, neither the Commission nor any Member State being informed, neither the Commission nor any Member State has requested that the matter be raised by the Council; whereas no such request has been made; whereas the Council's Decision is thus deemed to have been adopted on 11 April 1989;
Whereas the said derogation measure will have a favourable effect on the European Communities' own resources arising from value added tax,
HAS ADOPTED THIS DECISION:
Article 1
By way of derogation from the provisions of Article 21 (1) (a) of the Sixth Directive 77/388/EEC, the United Kingdom is hereby authorized to apply until 31 March 1990 a provision whereby, when assets are totally or partially transferred to a company which is a member of a group of businesses treated as a single taxable person within the meaning of Article 4 (4) of the said Directive and which is not entitled to full deduction of tax, the company to which the assets are transferred becomes liable for tax.
Article 2
This Decision is addressed to the United Kingdom.
Done at Luxembourg, 11 April 1989. | [
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COMMISSION REGULATION (EC) No 95/96 of 23 January 1996 amending Regulation (EC) No 1501/95 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
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 (2) thereof,
Whereas Commission Regulation (EC) No 1501/95 (3), as amended by Regulation (EC) No 2480/95 (4), lays down, for the application of Article 16 of Regulation (EEC) No 1766/92, measures to be taken where there is disturbance or the threat of disturbance on the Community market, and in particular the conditions of application of export taxes;
Whereas, because of the non-commercial nature of the Community and national food aid measures provided for under international agreements or other supplementary programmes, as well as other Community free supply measures, exports made for this purpose are excluded from the field of application of the export tax applicable to commercial exports in cases of disturbance on the cereals market; whereas an appropriate provision should therefore be introduced into Regulation (EC) No 1501/95;
Whereas it should be provided that this specific provision is applicable, upon presentation of appropriate supporting documents, to exports for the implementation of such measures carried out since the fixing of export taxes in application of Article 16 of Regulation (EEC) No 1766/92 and, for the first fixing in this marketing year, by Commission Regulation (EC) No 1749/95 of 18 July 1995 fixing an export tax in relation to products falling within CN codes 1001 10 00 and 1103 11 10 (5);
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 second subparagraph is hereby inserted in Article 15 of Regulation (EC) No 1501/95:
'However, no tax shall be applied to exports of cereals or cereal products carried out to implement Community and national food aid measures provided for under international agreements or other supplementary programmes, or to implement other Community free supply measures.`
Article 2
Article 1 shall be applied, at the initiative of the operators concerned upon presentation of proof that they are exporting as part of the food aid operations concerned, to exports carried out for this purpose since 19 July 1995. Any guarantees that have been lodged at the request of the competent authorities shall be released.
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 Brussels, 23 January 1996. | [
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COMMISSION REGULATION (EU) No 62/2010
of 21 January 2010
fixing the export refunds on beef and veal
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (1), and in particular Article 164(2), final subparagraph, and Article 170 thereof,
Whereas:
(1)
Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products listed in Part XV of Annex I to that Regulation and prices for those products on the Community market may be covered by an export refund.
(2)
Given the present situation on the market in beef and veal, export refunds should therefore be set in accordance with the rules and criteria provided for in Articles 162 to 164 and 167 to 170 of Regulation (EC) No 1234/2007.
(3)
Article 164(1) of Regulation (EC) No 1234/2007 provides that the refund may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.
(4)
Refunds should be granted only on products that are allowed to move freely in the Community and that bear the health mark as provided for in Article 5(1)(a) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2). Those products must also satisfy the requirements laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (3) and Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (4).
(5)
The conditions laid down in the third subparagraph of Article 7(2) of Commission Regulation (EC) No 1359/2007 of 21 November 2007 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals (5) provide for a reduction of the special refund if the quantity of cuts 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.
(6)
Commission Regulation (EC) No 993/2009 (6) should therefore be repealed and replaced by a new regulation.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1
1. Export refunds as provided for in Article 164 of Regulation (EC) No 1234/2007 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the conditions provided for in paragraph 2 of this Article.
2. The products eligible for a refund under paragraph 1 must meet the relevant requirements of Regulations (EC) Nos 852/2004 and 853/2004, notably preparation in an approved establishment and compliance with the health marking requirements laid down in Annex I, Section I, Chapter III to Regulation (EC) No 854/2004.
Article 2
In the case referred to in the third subparagraph of Article 7(2) of Regulation (EC) No 1359/2007, the rate of the refund on products falling within product code 0201 30 00 9100 shall be reduced by EUR 7/100 kg.
Article 3
Regulation (EC) No 993/2009 is hereby repealed.
Article 4
This Regulation shall enter into force on 22 January 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 January 2010. | [
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*****
COMMISSION REGULATION (EEC) No 1398/84
of 18 May 1984
concerning the stopping of fishing for northern deepwater prawn by vessels flying the flag of France
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2057/82 of 29 June 1982 establishing certain control measures for fishing activities by vessels of the Member States (1), as amended by Regulation (EEC) No 1729/83 (2), and in particular Article 10 (3) thereof,
Whereas Council Regulation (EEC) No 320/84 of 31 January 1984, fixing, for certain fish stocks and groups of fish stocks occurring in the Community's fishing zone, provisional total allowable catches for 1984, the provisional share of these catches available to the Community, the allocation of that share between the Member States and the conditions under which the total allowable catches may be fished (3), as amended by Regulation (EEC) No 599/84 (4), provides for northern deepwater prawn quotas for 1984;
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 by Regulation 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 northern deepwater prawn in waters of ICES sub-areas V a) (EC zone) and XIV (EC zone) by vessels flying the flag of France, have reached the quota allocated for 1984,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of northern deepwater prawn in waters of ICES sub-areas V a) (EC zone) and XIV (EC zone) by vessels flying the flag of France or registered in France are deemed to have exhausted the quota allocated to France for 1984.
Fishing for northern deepwater prawn in waters of ICES sub-areas V a) (EC zone) and XIV (EC zone) by vessels flying the flag of France or registered in France is prohibited, as well as the retention on board, the transhipment and the landing of northern deepwater prawn fished in these sub-areas by the abovementioned vessels after the date of entry into force of this Regulation.
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, 18 May 1984. | [
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COMMISSION REGULATION (EC) No 276/2009
of 3 April 2009
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 4 April 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 April 2009. | [
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COMMISSION REGULATION (EC) No 2431/94 of 6 October 1994 fixing the intervention thresholds for oranges, mandarins, satsumas and clementines for the 1994/95 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (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 3669/93 (2), and in particular Articles 16a (5) and Article 16b (4) thereof,
Having regard to Council Regulation (EEC) No 2240/88 of 19 July 1988 fixing, for peaches, lemons and oranges, the rules for applying Article 16b of Regulation (EEC) No 1035/72 on the common organization of the market in fruit and vegetables (3), as last amended by Regulation (EEC) No 1623/91 (4), and in particular Article 1 (3) thereof,
Whereas, pursuant to Article 1 (1) of Regulation (EEC) No 2240/88, the intervention threshold for oranges is to be equal, as from the 1991/92 marketing year, to 10 % of the average production intended to be consumed fresh in the last five marketing years for which data are available; whereas, however, pursuant to Article 9 of Council Regulation (EC) No 3119/93 of 8 November 1993 laying down special measures to encourage the processing of certain citrus fruits (5), the threshold for oranges thus calculated must be increased by a quantity equal to the average quantity of oranges in respect of which financial compensation was paid during the 1984/85 to 1988/89 marketing years inclusive;
Whereas, pursuant to Article 16a (2) of Regulation (EEC) No 1035/72, the intervention thresholds for mandarins, satsumas and clementines are to be equal, as from the 1991/92 marketing year, to 10 % of the average production intended to be consumed fresh in the last five marketing years for which data are available; whereas, however, pursuant to Article 9 of the abovementioned Regulation (EC) No 3119/93, the quantities of mandarins and clementines delivered for processing under that Regulation are to be treated as production intended to be consumed fresh for the purposes of fixing the intervention thresholds for those products; whereas the threshold for satsumas thus calculated must be increased by a quantity equal to the average quantity of satsumas in respect of which financial compensation was paid during the 1989/90 to 1991/92 marketing years inclusive;
Whereas the intervention thresholds for the products in question should be fixed for the 1994/95 marketing year in accordance with the abovementioned provisions;
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 intervention thresholds for oranges, mandarins, satsumas and clementines for the 1994/95 marketing year shall be as follows:
TABLE
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, 6 October 1994. | [
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COUNCIL REGULATION (EEC) No 1421/78 of 20 June 1978 amending Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee,
Whereas the aim of the common agricultural policy is to attain the objectives set out in Article 39 of the Treaty ; whereas, to that end, Regulation (EEC) No 804/68 (2), as last amended by Regulation (EEC) No 1038/78 (3), established a common organization of the market in milk and milk products ; whereas in order to stabilize the markets and to ensure a fair standard of living for the agricultural Community, the common organization provides in particular for intervention measures on the market ; whereas, by reason of the high cost to the Community of the said intervention system, it appears appropriate to provide for other mechanisms for attaining the same objectives, thereby reducing recourse to intervention measures;
Whereas certain activities of the Milk Marketing Board existing in the United Kingdom have helped to channel the predominant quantity of milk produced in this Member State into direct human consumption ; whereas the Milk Marketing Boards have certain prerogatives to ensure that they operate effectively ; whereas they have in principle the exclusive right to purchase milk from producers established in their area;
Whereas it appears appropriate to enable these Boards and, in comparable situations, equivalent organizations to be recognized under the common organization of the market whilst ensuring that their prerogatives are compatible with Community law, while at the same time observing the general principles of the Treaty ; whereas, to that end, the granting or maintenance of the said prerogatives should be conditional upon an examination of each individual case at Community level and upon authorization being granted to the Member State concerned,
HAS ADOPTED THIS REGULATION:
Article 1
Article 25 of Regulation (EEC) No 804/68 shall be replaced by the following:
"Article 25
1. At its request a Member State may be authorized to grant to an organization representing at least 80 % of the number and at least 50 % of the production of the milk producers established in the area in which the organization is carrying out its activities: (a) the exclusive right, within the limits laid down in paragraph 3, to buy from producers established in the area in question the milk which they produce and market without processing, provided it satisfies minimum requirements to be determined. This right shall be coupled with the obligation on the organization in question to buy milk satisfying these minimal requirements offered to it by the producers concerned;
(b) the right to equalize the prices paid to producers, irrespective of the use for which the milk purchased from them is intended.
2. Authorization within the meaning of paragraph 1 may be granted only if the Council, acting by a qualified majority on a proposal from the Commission, has established that the quantity of milk used in the Member State concerned for direct human consumption in the form of whole milk or other fresh products constitutes: (a) in relation to the milk produced and marketed in the Member State concerned, a percentage equal to at least 150 % of the corresponding proportion for the Community as a whole, and
(b) a greater per capita consumption than that for the Community as a whole. (1)Opinion delivered on 16 June 1978 (not yet published in the Official Journal). (2)OJ No L 148, 28.6.1968, p. 13. (3)OJ No L 134, 22.5.1978, p. 4.
Authorization shall be maintained only for as long as these conditions are fulfilled.
3. At the same time as it acts under paragraph 2, and in accordance with the same procedure, the Council shall in each individual instance adopt general rules governing the granting and maintenance of the rights referred to in paragraph 1.
These rules shall include provisions: (a) to ensure that exercise of such rights: - is consistent with the general principles of the Treaty, in particular as regards the free movement of goods, and avoids discrimination against producers selling their milk to the organization and persons wishing to buy milk from it,
- does not affect competition in the agricultural sector more than is absolutely necessary, and
- does not jeopardize the efficient functioning of the market in milk and milk products, particularly as regards price and intervention arrangements;
(b) relating to the circumstances in which the authorization referred to in paragraph 1 shall be withdrawn;
(c) enabling the organizations concerned to adapt progressively to these provisions within a maximum period to be determined ; these provisions may not, however, affect the principles referred to in the first indent of subparagraph (a).
4. The rules for implementing this Article, and in particular the authorization referred to in paragraph 1, shall be adopted in accordance with the procedure provided for in Article 30."
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 Luxembourg, 20 June 1978. | [
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*****
COMMISSION REGULATION (EEC) No 3886/86
of 19 December 1986
amending Regulation (EEC) No 1119/79 laying down special provisions for the implementation of the system of import licences for seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2358/71 of 26 October 1971 on the common organization of the market in seeds (1), as last amended by Regulation (EEC) No 1355/86 (2), and in particular Article 4 (2) thereof,
Whereas Article 4 of Regulation (EEC) No 2358/71 provides that import licences are required for certain products in the seeds sector; whereas Commission Regulation (EEC) No 2811/86 (3) amends, inter alia, Commission Regulation (EEC) No 1117/79 specifying the products in the seeds sector to be subject to the system of import licences (4) in order to make hybrid sorghum for sowing subject to the system of import licences; whereas Regulation (EEC) No 1119/79 (5) should be amended accordingly;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Seeds,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 1 of Regulation (EEC) No 1119/79, the words 'for hybrid maize for sowing' are deleted.
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, 19 December 1986. | [
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COMMISSION REGULATION (EC) No 915/2008
of 18 September 2008
on the issue of import licences for applications lodged during the first seven days of September 2008 under the tariff quota opened by Regulation (EC) No 536/2007 for poultrymeat and allocated to the United States of America
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 536/2007 of 15 May 2007 opening and providing for the administration of a tariff quota for poultrymeat allocated to the United States of America (2), and in particular Article 5(5) thereof,
Whereas:
(1)
Regulation (EC) No 536/2007 opened a tariff quota for imports of poultrymeat products.
(2)
The applications for import licences lodged during the first seven days of […] for the subperiod from 1 October to 31 December 2008 do not cover the quantities available. The quantities for which applications have not been lodged should therefore be determined, and these should be added to the quantity fixed for the following quota subperiod,
HAS ADOPTED THIS REGULATION:
Article 1
The quantities for which import licence applications pursuant to Regulation (EC) No 536/2007 under the quota with order number 09.4169 have not been lodged, to be added to the subperiod from 1 January to 31 March 2009, shall be 8 332 500 kg.
Article 2
This Regulation shall enter into force on 19 September 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 September 2008. | [
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*****
COMMISSION REGULATION (EEC) No 1537/90
of 28 May 1990
imposing a provisional antidumping duty on imports of potassium permanganate originating in the USSR
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 Community (1), and in particular Article 11 thereof,
After consultations within the Advisory Committee as provided for by the above Regulation,
Whereas:
A. PROCEDURE
(1) In May 1989 the Commission received a complaint lodged by the European Council of Chemical Manufacturers' Federations (ECCMF) on behalf of a Community producer of potassium permanganate which represents the totality of the Community output of the product in question. The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (2), the initiation of an antidumping proceeding concerning imports into the Community of potassium permanganate falling within CN Code ex 2841 60 00 (Taric code: 2841 60 00 * 10) and originating in the USSR and commenced an investigation.
(2) The Commission officially so advised the exporter and importers known to be concerned, the representatives of the exporting country and the complainant and gave the parties concerned the opportunity to answer the questionnaires addressed to them, to make known their views in writing and to request a hearing.
(3) The Community producer returned the questionnaire to the Commission duly completed. The exporter in the USSR argued that no potassium permanganate had been exported directly to the Community since 1987. Some importers stated in writing that they had not imported the product in question, either directly or indirectly, from the USSR. One importer informed in writing that he had made imports, directly from Austria, of potassium permanganate originating in the USSR. The other importers did not reply at all to the Commission's questionnaire.
(4) The Community producer, the exporter and the representatives of the exporting country made their views known in writing. The Community producer and the representatives of the exporting country requested and were granted hearings. No submissions were made by processors or consumers of potassium permanganate in the Community.
(5) The Commission sought and verified all information it deemed to be necessary for the purposes of a preliminary determination and carried out investigations at the premises of the following companies:
- Community producer:
Industrial Quimica del Nalon SA, Oviedo, Spain,
- Producer in the country of reference:
Carus Chemical Company, Ottawa, Illinois, USA,
- Importer in the Community:
Grillo Chemikalien GmbH, Duisburg - Hamborn, Federal Republic of Germany.
(6) The investigation of dumping covered the period from 1 July 1988 to 30 June 1989.
B. PRODUCT UNDER CONSIDERATION
(i) Description of the product
(7) The product which is the subject of the investigation is potassium permanganate and, at room temperature, appears as a crystaline solid of rombic shape with a dark purple metallic sheen. It is a compound of manganese, potassium and oxygen whose manufacture requires two basic raw materials: pirolusite ore and caustic potash. By a two step manufacturing procedure the raw materials are converted by oxidation, first to potassium manganate and then to potassium permanganate.
(8) The product is mainly available in three specifications: Technical, Free-Flowing and Pharmaceutical. Technical and Free-Flowing specifications are interchangeable in all uses.
(ii) Like product
(9) The Commission found that potassium permanganate produced in the Community and that which is exported from the USSR are like products in all essential physical and technical characteristics. It also verified that there are no significant differences of this types between the product manufacutred in the USSR and that produced in the United States, which was chosen as reference country (see recitals 11 to 14).
C. DUMPING
(i) Normal vlaue
(10) In establishing the existence of dumped imports from the USSR, the Commission had to take account the fact that since the beginning of 1988 all imports of potassium permanganate originating in that country have not been made directly from the country of origin to the Community, but from Austria.
In such circumstances, in accordance with Article 2 (6) of Council Regulation (EEC) No 2423/88, the normal value shall be established on the basis of the comparable price actually paid or payable for the like product on the domestic market of either the country of export or the country of origin. Given that the product in question appears not to be produced in Austria and that it is merely transshipped through this country, the choice of the country of origin seems to be the most appropriate.
(11) Since the USSR does not have a market economy, the Commission had to base its determinations on the normal value in a market-economy country. For this purpose the complainant had suggested the United States which is the only non-EEC market economy country with considerable production. No objection was made to this suggestion.
(12) The Commission verified that in the United States there are no price controls and there is sufficient internal competition as a result of the presence of substantial imports from third countries. In addition, it was confirmed that prices charged by the manufacturer in the United States on its domestic market ware in a reasonable proportion to production costs and included a reasonable profit margin.
(13) Sales considered for calculation of normal value were made to independent customers, and the weighted average of the prices of these sales was calcultated on a six-monthly basis because of a price increase in January 1989. This weighted average was found to be representative of prices on the United States domestic market.
(14) The Commission therefore concluded that it would be appropriate and not unreasonable to determine normal value on the basis of the comparable prices actually paid or payable in the ordinary course of trade for the like product on the United States market.
(ii) Exort price
(15) Export prices were determined on the basis of the prices actually paid or payable for the product sold for export to the Community. However, as imports into the Community declared to have been made during the investigation period only covered a minor proportion of total imports registered in official Community statistics for that period, export prices had to be also based on those official statistics duly adjusted which were considered as facts available in accordance with Article 7 (7) (b) of Council Regulation (EEC) No 2423/88.
(iii) Comparison
(16) In comparing normal value with export prices the Commission took account, where circumstances permitted and where there was sufficient evidence, of differences affecting price comparability, in particular differences in selling expenses such as transport, insurance, credit, commissions and salesmen's salaries. All comparisons were effectively made at ex works level.
(17) These comparisons show the existence of dumping in respect of imports into the Community of potassium permanganate originating in the USSR, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community. In view of the necessity of using official Community statistics for the determination of export prices the later had to be compared to normal value on a monthly average basis. The margins of dumping calculated as a percentage of monthly average export prices, cif at Community border, before customs duty, vary during the investigation period from 33,3 % to 77,7 %, and have a weighted average of 42,3 %.
D. INJURY
(18) For the assessment of the injury caused by the dumped imports, it was considered appropriate to take into account not only imports of potassium permanganate originating in the USSR, but also dumped imports of this product originating in Czechoslovakia, which were subject to a review proceeding terminated by the Council imposing a definitive antidumping duty (1). In fact, imports from both countries, concerned the same product, were subject to a common investigation period and
commercial policies of exporters in these countries were similar. On this basis, there are enough grounds for a comulation of imports of potassium permanganate originating in the USSR and Czechoslovakia.
(19) The evidence available to the Commission shows that imports into the Community of potassium permanganate originating in the USSR rose from only 20 tonnes in the period from July 1986 to June 1987, to 257 tonnes in the following twelve months and amounted to 218 tonnes during the investigation period (from July 1988 to June 1989). The Community market share held by these imports increased over the same periods from 0,6 % to 6,6 % and reached 8,1 % during the investigation period.
With regard to imports from the USSR and Czechoslovakia taken together, they increased from 213 tonnes in the period from July 1986 to June 1987, to 597 tonnes in the following twelve months and amounted to 395 tonnes during the investigation period. The development of these imports assessed in the light of the Community consumption of potassium permanganate over the same periods, leads to a combined market share held by imports from these two countries which rose from 6,9 % to 15,1 % and reached 14,6 % during the investigation period.
(20) The prices of the imports from the USSR undercut the prices of the Community producer during the investigation period by an average of nearly 11 %. The low level of import prices forced the Community producer to sell the product in the Community market at prices which either did not cover the Community producer's costs of production, particularly in Germany in which the imports concerned have been concentrated since the beginning of 1988, or did not allow (in other Community countries) to make a reasonable profit. The prices of these imports not only denied the Community producer prices increases which normally would have occurred, but obliged the Community producer to decrease its prices since the end of 1987 in an attempt to maintain its sales level and market share.
(21) As far as the situation of the Community producer is concerned, account had to be taken of the following factors:
(a) The Community producer had been forced to have periodic production shutdowns as a result of the low price level of the imports from the USSR and Czechoslovakia. Consequently capacity utilization of the Community producer has decreased during the last three years, to a very low level of 33 %. In addition, stocks over that period amounted on average to nearly 900 tons equivalent to more than seven month's sales.
(b) Although sales by the Community producer of potassium permanganate in the Community market increased slightly from 829 tonnes in the period from July 1986 to June 1987, to 903 tonnes in the following twelve months, they amounted to nearly 515 tonnes during the investigation period. This trend of sales, compared with that of Community consumption, showed, over the same period i.e. July 1986 to June 1989, a decline in the market share held by the Community producer from 27,1 % to 19 %.
(c) The combined effect of this price suppression and despression on the Community producer has been increased losses and a resultant continued precarious financial situation.
(d) Despite the continuous production shutdowns suffered by the potassium permanganate division of the Community producer, employment for the people working in that division has, until now, been maintained through transferring these employees to other areas of the company during the production shutdowns. However, should the degenerating financial situation of the potassium permanganate operation not rapidly improve, it would put at risk the continuity of the employment.
(22) In the light of the trends of the relevant economic factors referred to above, it appears that the situation of the Community producer has been adversely affected. This is especially demonstrated by a loss of profitability, sales and market share. In these circumstances, it is concluded that the Community industry is suffering material injury.
E. CAUSALITY
(23) As far as the causal link between the dumped imports and the material injury is concerned, the Commission found that there is a clear parallelism and simultaneity between the increase in the volume of dumped imports from the USSR and Czechoslovakia and the loss of market share and profitability of the Community producer.
Since potassium permanganate is a price sensitive product, the low price level of imports concerned has an immediate effect on the Community producer as shown in recitals 20 and 21 above. The increase of the Community market share held by imports from the USSR and Czechoslovakia taken together also corresponds to the decrease in the market presence of the Community producer.
(24) The Commission considered whether the injury has been caused by other factors such as changes in demand, a fall in exports by the Community producer to third countries or an increase in imports not subject to antidumping measures. (25) Consumption of potassium permanganate in the Community decreased, during the investigation period, by nearly 24 % when compared to the consumption in the previous 24 months. This trend in consumption could only explain in part the decrease in sales by the Community producer, but not the reduction of its market share. Thus, in that period, while imports from the USSR and Czechoslovakia taken together not only remained stable but gained a Community market share which increased from 6,9 % in the period from July 1987 to June 1988, to 14,6 % during the investigation period, sales by the Community producer in the Community market decreased by 40 %, thus distinctly fast than Community consumption and consequently its market share in the Community also decreased significantly.
(26) Exports by the Community producer to third country markets, which were mainly concentrated in the United States, have remained stable in volume and value, since 1987, and, therefore, could not explain the Community producer's loss of profitability.
(27) Regarding imports not subject to anti-dumping measures, since 1987, they have rapidly increased, reaching a market share of 45,6 % on the Community market during the investigation period. More than 80 % of this market share is held by imports from the United States, Taiwan and Hong Kong.
As regards imports from the United States they have been made at prices far higher than those for the product originating in the USSR and Czechoslovakia and there is no evidence of dumping.
Concerning imports from Taiwan and Hong Kong which taken together held during the investigation period a Community market share of nearly 18 %, they have been excluded from the present proceeding pending the outcome of the Commission invesigation, already in progress, concerning the origin of these imports. There are indications, as potassium permanganate is apparently not produced in these countries, that these imports may originate in countries for which anti-dumping measures are in force.
Given the above market share, injury may also have been caused by exports made by Taiwan and Hong Kong. However, the imports from these two countries would only have contributed in part to the critical situation found and would not affect the considerable injurious impact of dumped imports originating in the USSR and Czechoslovakia, which taken in isolation have to be considered as causing material injury.
(28) In view of the increase in the Community market share held by the dumped imports originating in the USSR and their adverse effects on the Community prices for such a price sensitive product, it has to be concluded that these imports taken in isolation have had a discernible injurious impact on the Community producer and thus contributed to the material injury caused by dumped imports from the USSR and Czechoslovakia.
F. COMMUNITY INTEREST
(29) On the basis of the serious difficulties facing the Community producer concerned, failure to adopt measures to eliminate the injurious effects of the dumped imports originating in the USSR, would put at risk the industry's survival, with resulting adverse consequences for employment.
In addition, the multiple uses of potassium permanganate in environmental, agricultural and other, sometimes strategic fields, makes it advisable for the Community to protect the sole remaining Community producer against the threat to its existence from unfair imports. Moreover, the measures envisaged would have a negligible effect on prices for users in the Community in respect of final products in which potassium permanganate is incorporated.
Therefore, it is concluded that it is in the Community's interest that action should be taken to prevent injury being caused to the Community industry directly concerned during the proceeding, and this action should take the form of a privisional anti-dumping duty.
G. RATE OF THE DUTY
(30) The Commission took into account the minimum ex-factory selling price necessary to cover the Community producer's cost of production and to provide an adequate profit which was determined on the basis of a reasonable return on the investments made by the Comunity producer, and was in proportion to profits made by the manufacturer of the product in the reference country. It also considered the cif at-Community-frontier price, for the imports concerned and determined the amount of duty necessary to eliminate the injury to be 46 %.
However, the elimination of the injury through an increase of import prices up to the level of such minimum Community price would imply exceeding the margin of dumping found during the investigation period. Consequently, the injury can only be removed up to a level not exceeding the dumping margin of 42,3 % (see section C, recital 17). Moreover, in order to prevent increased dumping, as well as injury, through further decreases in export prices, it is considered that the appropriate form of the duty to be imposed should be that of a variable duty.
Therefore, the injury shall be removed at the level of the dumping margin found and the amount of the variable duty shall be based on a reference minimum price of ECU 2,15/kg. This minimum prices is slightly lower than that applicable to imports from Czechoslovakia because of a different distribution in exports to the Community made by Czechoslovakia and the USSR during the two semesters covered by the investigation period (see recital 13).
(31) A period should be fixed within which the parties concerned may make their views known and request a hearing.
HAS ADOPTED THIS REGULATION:
Article 1
1. A provisional antidumping duty is hereby imposed on imports of potassium permanganate falling within CN code ex 2841 60 00 (Taric code 2841 60 00 * 10) and originating in the USSR.
2. The amount of the duty shall be equal to the amount by which the price, per kilogram net, free-at-Comunity-frontier, not cleared through customs, is less than ECU 2,15.
The said free-at-Community-frontier price, not cleared through customs, shall be net if the actual terms and conditions of sales provide that payment shall be made within 30 days of the date of dispatch; it shall be lowered by 1 % for each month by which payment is actually deferred.
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 shall be subject to the provision 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
This Regulation shall enter into force on the day following 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 the expiry of that period.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 May 1990. | [
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Commission Decision
of 27 October 2000
amending for the third time Decisions 1999/466/EC and 1999/467/EC establishing respectively the officially brucellosis-free and tuberculosis-free status of bovine herds of certain Member States or regions of Member States
(notified under document number C(2000) 3133)
(Text with EEA relevance)
(2000/694/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 64/432/EEC on health problems affecting intraCommunity trade in bovine animals and swine(1), as last amended by Directive 2000/20/EC(2), and in particular Annex AI(4) and AII(7) thereto,
Whereas:
(1) Commission Decision 1999/466/EC of 15 July 1999 establishing the officially brucellosis-free status of bovine herds of certain Member States or regions of Member States and repealing Decision 97/175/EC(3), as last amended by Decision 2000/442/EC(4) granted this status to certain Member States and regions thereof until 31 October 2000.
(2) Commission Decision 1999/467/EC of 15 July 1999 establishing the officially tuberculosis-free status of bovine herds of certain Member States or regions of Member States and repealing Decision 97/76/EC(5), as last amended by Decision 2000/442/EC, granted this status to certain Member States and regions thereof until 31 October 2000.
(3) The temporary limitations of the officially-free status with regard to bovine brucellosis foreseen in the above Decisions was introduced due to incoherence of dates in different pieces of legislation relating to the system of identification of bovine animals.
(4) In accordance with Annexes AI(4)(b) and AII(7)(b) of Directive 64/432/EEC, as amended by Directive 2000/20/EC identification of cattle in accordance with Community legislation is required as prerequisite for granting the officially free status for bovine tuberculosis and brucellosis respectively.
(5) Since bovine animals on holdings in the regions Bolzano and Trento in Italy and Great Britain in the United Kingdom are identified in accordance with Community legislation in force, it is appropriate to adapt Decisions 1999/466/EC and 1999/467/EC to the legal situation in force as from the date of publication of Directive 2000/20/EC.
(6) 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
1. The words "until 31 October 2000" are deleted in the title of Annex II to Decision 1999/466/EC.
2. The words "until 31 October 2000" are deleted in the title of Annex II to Decision 1999/467/EC.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 27 October 2000. | [
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COMMISSION REGULATION (EC) No 937/2007
of 6 August 2007
amending Regulation (EC) No 1539/2006 adopting a plan allocating resources to the Member States to be charged against 2007 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, and derogating from Regulation (EEC) No 3149/92
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)
In accordance with Article 2 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 Commission adopted, by Commission Regulation (EC) No 1539/2006 (3), a plan allocating resources to the Member States to be charged against the 2007 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community. The plan lays down in particular, for each of the Member States applying the measure, the maximum financial resources available to carry out its part of the plan, and the quantity of each type of product to be withdrawn from the stocks held by the intervention agencies.
(2)
Article 3(3) of Regulation (EEC) No 3149/92 requires a revision of the annual plan when changes occurring during its implementation by the Member States concern 5 % or more of the quantities or values entered per product in the Community plan.
(3)
The under-utilisation of butter notified to the Commission concerns more than 5 % of the value of the total butter quantity in the annual plan 2007. Furthermore, certain cereals and sugar quantities are no longer required for the 2007 plan.
(4)
In accordance with Article 3(4) of Regulation (EEC) No 3149/92, the newly available resources should be allocated to other Member States on the basis of their applications.
(5)
During the withdrawal operations of rice held in Greek intervention, it was discovered that the available quantities were not sufficient to allow for the full implementation of the annual plan in Greece. It is therefore necessary to adapt the allocation of intervention products or grants for the purchase on the market of products temporarily unavailable in intervention stocks.
(6)
The first and second subparagraphs of Article 3(2) of Regulation (EEC) No 3149/92 set the deadlines for withdrawal of the products from intervention stocks. As the modification of the plan allocates to Poland supplementary quantities of 203 tonnes of cereals and 3 224 tonnes of sugar and to Slovenia a supplementary quantity of 1 000 tonnes of cereals to be withdrawn from intervention stocks, it is appropriate to derogate from those deadlines as regards those quantities.
(7)
Regulation (EC) No 1539/2006 should therefore be amended accordingly.
(8)
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 annexes to Regulation (EC) No 1539/2006 are amended in accordance with the Annex to this Regulation.
Article 2
By way of derogation from Article 3 of Regulation (EEC) No 3149/92, the deadlines provided for in the first subparagraph and in the first and in the fourth sentences of the second subparagraph of that Article shall not apply for the supplementary quantities of 1 203 tonnes of cereals and 3 224 tonnes of sugar allocated pursuant to the Annex to this Regulation.
Article 3
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.
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COUNCIL REGULATION (EEC) No 3482/92 of 30 November 1992 imposing a definitive anti-dumping duty on imports of certain large electrolytic aluminium capacitors originating in Japan and collecting definitively the provisional anti-dumping duty
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 12 thereof,
Having regard to the proposal from the Commission, submitted after consultation within the Advisory Committee as provided for under the above Regulation,
Whereas:
A. PROVISIONAL MEASURES
(1) The Commission, by Regulation (EEC) No 1451/92 (2) (hereafter referred to as the Provisional Duty Regulation) imposed a provisional anti-dumping duty on imports of certain large electrolytic aluminium capacitors with a CV product (capacitance multiplied by rated voltage) between 18 000 and 310 000 mC (micro-coulombs), originating in Japan falling within CN code ex 8532 22 00 (hereafter referred to as 'LAECs'). The Council, by Regulation (EEC) No 2848/92 (3) extended this duty for a period not exceeding two months.
B. SUBSEQUENT PROCEDURE
(2) Following the imposition of the provisional anti-dumping duty, the interested parties, who so requested, were granted an opportunity to be heard by the Commission. They also made written submissions making known their views on the findings.
(3) Upon request, parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive duties and the definitive collection of amounts secured by way of a provisional duty. They were also granted a period within which to make representations subsequent to the disclosure.
(4) The oral and written comments submitted by the parties were considered and, where appropriate, the Commission's findings were modified to take account of them.
(5) One exporting producer cooperated in the first part of the proceeding but failed, after the imposition of provisional duties, to reply to a certain number of requests for information addressed by the Commission concerning export transactions and informed the Commission that he would no longer participate in the investigation. This exporter, when informed by the Commission that final findings might be made on the basis of facts available, confirmed that it would not further participate in the investigation.
This lack of information precluded the Commission from determining, for the purpose of definitive findings, the total number of export transactions and the price of a number of these transactions.
In these circumstances the Commission concluded that it did not have the necessary reliable information available to establish individual conclusions concerning dumping and injury for this exporter. Accordingly, the findings for this exporter were based on the facts available in accordance with Article 7 (7) (b) of Regulation (EEC) No 2423/88.
The Council confirms this conclusion.
(6) Due to the complexity of the proceeding, in particular to the detailed verification of the voluminous data involved and the numerous arguments put forward, the investigation could not be concluded within the normal time limit.
C. COMMUNITY INDUSTRY
(7) The Commission found in recitals 8 to 12 of the Provisional Duty Regulation that the three producers supporting the complaint satisfied the requirements to be regarded as the Community industry within the meaning of Article 4 (5) of Regulation (EEC) No 2423/88 and particularly that no reasonable grounds existed to exclude Nederlandse Philips Bedrijven BV from the Community industry.
(8) One of the cooperating exporters disputed the Commission's conclusions on the definition of the Community industry. Its arguments were the following:
(i) Philips was itself, through one of its companies i.e. Philips Consumer Electronics BV, an importer of the dumped products;
(ii) the price advantages obtained as a result of the purchases of LAEC's in Japan by Philips Consumer Electronics BV must have outweighed the corresponding losses of Nederlandse Philips Bedrijven BV, the LAEC's manufacturing division. Thus, Philips as a whole, had benefitted from dumping and should, consequently, be excluded from the Community industry.
As to these arguments, the Commission recalls its previous general practice to exclude importing Community producers only when they are either shielded from the effect of the dumped imports, draw undue benefits from them or import such quantities in relation to their own production that they cannot be considered any longer as being committed to production in the Community.
Indeed, to include such companies in the injury findings would distort aggregate data bearing on the constitution of the Community industry.
(9) In the light of the above considerations, the Commission has examined whether the imports by Philips Consumer Electronics BV are such as to justify the exclusion of the whole Philips group from the scope of the Community industry. In this respect, the Commission first examined, whether Philips was shielded from or benefitted through the effects of dumping and has concluded, as is shown in recitals 21 and 23 of this Regulation, that Philips Bedrijven BV suffered material injury through the effects of dumping and was therefore, not shielded from the unfair business practices.
The Commission has further found that whatever the advantages obtained by Philips Consumer Electronics BV, these have not offset the disadvantages suffered by Nederlandse Philips Bedrijven BV. In addition to the lost sales to Philips Consumer Electronics BV, the former was indeed not able to benefit from economies of scales and could not make the necessary investments and research and development expenses. It is for these reasons precisely, that Philips has supported the anti-dumping complaint in order to put an end to the injurious dumping practices, an action which Philips would not have taken if the advantages obtained by Philips Consumer Electronics BV had outweighed the damages suffered by Nederlandse Philips Bedrijven BV.
As to the commitment of Philips to continue producing in the Community, the quantities imported by Philips Consumer Electronics BV were small in relation to the production output of Nederlandse Philips Bedrijven BV. In addition, none of the findings in recital 10 of the Provisional Duty Regulation have been contested by any of the parties involved.
(10) These circumstances are considered sufficient by the Commission, in exercising the responsibility for assessing whether certain producers with links to exporters or importers or who are themselves importers of the dumped products should be excluded from the Community industry, to confirm its decision that Nederlandse Philips Bedrijven BV should not be excluded from the Community industry.
For all these reasons the Council confirms the considerations and findings of recitals 9 to 12 of the Provisional Duty Regulation and considers that no reasonable grounds exist to exclude Nederlandse Philips Bedrijven BV from the Community industry.
D. PRODUCT UNDER CONSIDERATION, LIKE PRODUCT
(11) The Commission in recitals 13 to 15 of the Provisional Duty Regulation defined the products forming the subject of the proceeding and concluded that the LAEC's produced and sold by the Community producers formed one single category of product and constituted a like product to the product imported from Japan.
(12) One of the exporters, without objecting to the like product determination of the Commission, claimed that separate injury findings should have been made in respect of DIN type and snap-in type capacitors. This exporter considered that the lack of separation between these two categories prevented a proper assessment of the relationship of its exports, which are mainly of the snap-in type, with the market data put forward by the complainant.
The Commission considers that, insofar as both the snap-in and the DIN type capacitors have been considered like products and are interchangeable in their uses, there is no justification to split the injury findings into two categories, in particular as the exporter making this request did not introduce any arguments or evidence leading to indicate that these two categories cannot be considered as like products. The Community industry manufactures both DIN and snap-in capacitors in a proportion estimated to be of 30 % for DIN types and 70 % for snap-in types while the Japanese exporters export almost exclusively snap-in types. The exporter making this claim has admitted that snap-in capacitors are replacing DIN type capacitors in the Community. This implies that these products are directly competing and therefore that any depression of the prices of the snap-in capacitors inevitably has an effect on the prices of the DIN type capacitors.
All these factual elements lead the Commission to consider that the request of the exporter is not justified.
The Council confirms this conclusion and the findings of the Commission in recitals 13 to 15 of the Provisional Duty Regulation.
E. DUMPING
1. Normal value
(13) No comments from any of the interested parties were received concerning the manner in which normal values had been calculated for purposes of provisional determinations in recitals 16 and 17 of the Provisional Duty Regulation.
For one of the exporters investigated, the Commission observed that a material error had taken place in the calculation of its sales, general and administrative expenses. These were modified and the normal values for the exporter concerned were modified accordingly. The exporter concerned did not object to this course of action.
2. Export price
(14) No comments from any of the interested parties were received concerning the manner in which export prices had been determined for the purpose of the preliminary findings in recital 18 of the Provisional Duty Regulation.
The Council confirms the findings of the Commission.
3. Comparison
(15) None of the parties concerned objected to the Commission's method of comparison between normal values and export prices nor to the decisions of the Commission concerning allowances as set out in recitals 19 to 21 of the Provisional Duty Regulation.
The Council confirms these findings.
4. Dumping margins
(16) Normal values and export prices were compared on a transaction by transaction basis. The final examination of facts shows the existence of dumping in respect of LAECs originating in Japan, the margin of dumping being equal to the amount by which the normal value exceeds the price for export to the Community.
(17) One of the exporters contested the way in which the Commission had calculated the dumping margins by taking only the best selling models of those exported to the Community. The Commission notes that the models selected account for more than 70 % of total export transactions and that it has been standard practice of the institutions in a number of cases where the large number of transactions so required, to consider a significant quantity such as 70 % of the export transactions, in application of
Article 2
(13) of Regulation (EEC) No 2423/88, as being representative. the Commission also notes that this exporter had requested to the Commission to limit the number of domestic transactions being reported during the investigation in view of their extremely large number.
In these circumstances the Commission considers that the use of sampling techniques is well justified in the present case.
The Council confirms these conclusions.
(18) For purposes of definitive findings the Commission took account of new information available concerning the total value of the sales to the Community of the cooperating exporters and the dumping margins were modified accordingly.
(19) The weighted average margins of dumping for each exporter, expressed as a percentage of the total cif value are as follows:
- Eina Co. Ltd. 35,8 %
- Nippon Chemi-con Corporation 11,6 %
- Rubycon Corporation 30,1 %.
(20) As far as the other non-cooperating exporters are concerned, no comments on the conclusions in recitals 23 and 24 of the Provisional Duty Regulation were received by the Commission with the exception of the request received from one exporter to reply to the questionnaire well after the time limit set in the Notice of initiation and shortly before the publication of the Provisional Duty Regulation. This request could not be accepted as the company concerned failed to respect any of the procedural rules applicable to anti-dumping proceedings.
In these circumstances the Council confirms the conclusions as set out in recitals 23 and 24 of the Provisional Duty Regulation. The dumping margin determined for non-cooperating exporters is 75 %.
F. INJURY
(21) The Commission found in recital 33 of the Provisional Duty Regulation, that the Community industry had suffered material injury, within the meaning of Article 4 (1) of Regulation (EEC) No 2423/88, mainly in the form of loss of profitability and loss of market share.
(22) One of the exporters requested that a specific type of capacitor being sold to a client in Italy should be excluded from the scope of the proceeding as, it argued, its sales could not have caused injury to the Community industry. The claim was based on the allegation that this product was being sold at a price higher than that offered by a Community producer and that, being sold in only one Member State it could not cause injury to the Community industry in the rest of the Community. The Commission notes in respect of this request that the consideration of this specific type of capacitors as a like product has not been disputed and that it has been the consistent practice of the Commission and the Council to establish the existence of injury to the industry concerned by assessing the combined effect of all dumped imports of the product concerned into the Community without examining the impact of a particular type of product or a particular transaction.
The Commission cannot therefore accept the request of the exporter.
The Council confirms this conclusion.
(23) No other comments from the interested parties were received concerning the conclusions of the Commission on injury as set out in recitals 25 to 33 of the Provisional Duty Regulation.
These conclusions are confirmed by Council.
G. CAUSALITY
(24) The Commission noted in recital 34 of the Provisional Duty Regulation that the increase in volume and market share of the dumped imports coincided with the deterioration of the situation of the Community industry. The Commission examined whether other factors might have been the cause of the injury to the Community industry and concluded in recital 38 that the dumped imports of Japanese origin had, taken in isolation, caused material injury to the Community industry.
(25) It was argued by one of the exporters that the problems being faced by the Community producers were not the result of the exports originated in Japan but rather of the fact that the Community producers were less cost efficient than the Japanese exporters and that the products put on the market by the Community producers were overspecified in relation to the requirements of the market.
Without examining the issue whether the Japanese exporters actually enjoy some cost advantages it must be stressed that the Community industry, as explained in recital 35 of the Provisional Duty Regulation, has not been able to make use of its extended capacity and to benefit from the economies of scale due to the very substantial price undercutting of the Japanese imports. The Commission considers that, in any case, with such substantial undercutting of prices, which is higher than any presumed cost advantage, these presumed cost advantages are irrelevant.
Moreover, the Commission notes that the exporters concerned by this proceeding consistently sold in the Community below their cost of production is indicated in recitals 26 and 40 of the Provisional Duty Regulation. In these circumstances the Commission considers that, irrespective of the existence of cost advantages even if these were accepted, this flagrant dumping of the exporters causes injury to the Community industry.
It was further argued in particular that Community producers were selling overspecified DIN and snap-in capacitors. The results of the investigation have shown however, that Community producers manufacture these products in accordance with the specifications requested by their customers. The argument cannot, therefore, be considered as substantiated and the allegations of this exporter cannot be accepted.
(26) No other arguments concerning the findings of the Commission on the causation of injury set out in recitals 34 to 38 of the Provisional Duty Regulation have been made. The Commission ratifies these findings.
The Council confirms these conclusions.
H. COMMUNITY INTEREST
(27) In its provisional findings the Commission considered the interest of the Community manufacturing industry, of the user industry and of the final consumers and came to the conclusion in recital 43 of the Provisional Duty Regulation that it was in the interest of the Community to remove the effects of the injury caused to the Community industry by the dumping found.
(28) The Commission has further examined the impact that the proposed duties might have on users of capacitors in the Community. For a popular consumer product, the cost of the LAEC incorporated into one unit accounts for approximately 1,7 % of the cost of the material content, or for approximately 1 % of the ex factory price, including labour, overheads and profit. The impact of a 75 % duty on the material content cost will be an increase of 1,275 % while at the ex factory level the result will be an increase of that price by 0,75 %. The impact of the duty on final consumers will be even less and may therefore be considered as negligible.
(29) Although the Commission recognizes, as indicated in recital 40 of the Provisional Duty Regulation, that every reduction in cost is important for the consumer electronics industry, the Commission must balance all interests involved when considering whether the interest of the Community requires the imposition of measures. In this particular case the Community industry, in view of the consistent under cost pricing of the exporters, might be forced to shut down if fair conditions of trade are not restored and, in such circumstances, the present advantages to the user industry of being supplied at lower prices may disappear.
In these circumstances the Commission considers that the interest of the Community calls for the re-establishment of a fair competitive situation and that any disadvantage which might result are in any event, limited both in scale and in time.
The Council confirms these conclusions.
I. DUTY
(30) In establishing the level of the definitive duties to be imposed the Council confirms the Commission's methodology and findings outlined in recitals 44 to 47 of the Provisional Duty Regulation with regard to imports from cooperating exporters and from exporters which did not reply to the Commission's questionnaire within the established time limit.
No arguments from any interested parties were received by the Commission concerning these findings.
(31) As to the exporter referred to in recital 5 of this Regulation the Commission has concluded that in view of the impossibility of determining its export prices, definitive findings in respect of the level of duty should be made on the basis of the facts available in accordance with Article 7 (7) of Regulation (EEC) No 2423/88 as for the other non-cooperationg exporters. The facts available taken into consideration for the determination of the duty are those referred to in recitals 24 and 47 of the Provisional Duty Regulation.
The Council confirms these conclusions.
J. UNDERTAKINGS
(32) Several exporters offered price undertakings to the Commission. The Commission examined the offers and considered that in view of the wide variety of different types of LAECs and the rapid technology developments, efficient monitoring of the adherence of the exporters to the terms of the undertaking would not be practicable.
In these circumstances the Commission considers that the undertakings cannot be accepted. The exporters have been informed accordingly.
The Council confirms this conclusion.
K. COLLECTION OF PROVISIONAL DUTIES
(33) In view of the dumping margins established and the seriousness of the injury caused to the Community industry, the Council considers it necessary that amounts secured by way of provisional anti-dumping duties should be definitively collected to the extent of the amount of the duty definitively imposed, and for those exporters for which the definitive duty is higher than the provisional duty to the extent of the amount of the provisional duty imposed,
HAS ADOPTED THIS REGULATION:
Article 1
1. A definitive anti-dumping duty is hereby imposed on imports of large electrical capacitors, aluminium electrolytic, with a CV product (capacitance multiplied by rated voltage) between 18 000 and 310 000 mc (micro-coulombs), at a voltage of 160 V or more and with a diameter of 19 mm or more and at a length of 20 mm or more, originating in Japan and falling within CN code: ex 8532 22 00 (Taric codes 8532 22 00 * 11 and 8532 22 00 * 91).
2. The rate of duty shall be 75 % expressed as a percentage of the net, free-at-Community-frontier price, before duty (Taric additional code 8665), except when manufactured by the following companies for which the rate of duty expressed as a percentage of the net, free-at Community-frontier price, before duty shall be as set out below:
Article 2
The amounts secured by way of provisional anti-dumping duty imposed by Regulation (EEC) No 1451/92 shall be definitively collected at the rates of duty definitively imposed in the case of Nippon Chemi-Con Corporation and of Rubycon Corporation and at the rates of provisional duty applicable in all other cases.
Article 3
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 November 1992. | [
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*****
COUNCIL REGULATION (EEC) No 3285/88
of 18 October 1988
fixing for the 1988/89 marketing year the representative market price and the threshold price for olive oil and the percentages of the consumption aid to be retained in accordance with Article 11 (5) and (6) of Regulation No 136/66/EEC
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to 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 2210/88 (2), and in particular the second subparagraph of Article 4 (4) and Article 11 (6) thereof,
Having regard to the proposal from the Commission,
Whereas the representative market price should be fixed in accordance with the criteria laid down in Article 7 of Regulation No 136/66/EEC;
Whereas the threshold price should be fixed in such a way that the selling price for the imported product at the frontier crossing point fixed pursuant to Article 9 of Regulation No 136/66/EEC is the same as the representative market price, account being taken of the effect of the measures referred to in Article 11 (6) of the above Regulation;
Whereas it follows from the application of these criteria, that the representative market price and the threshold price should be fixed at the levels given in Article 1 of this Regulation;
Whereas, under Article 11 (5) and (6) of Regulation No 136/66/EEC, a certain percentage of the consumption aid should be used during each olive marketing year firstly for financing the recognized trade organizations referred to in paragraph 3 of the said Article and, secondly, for financing measures to promote the consumption of olive oil in the Community; whereas the said percentage should be fixed for the 1988/89 marketing year,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1988/89 marketing year, the representative market price and the threshold price for olive oil shall be fixed as follows:
- representative market price: 190,61 ECU per 100 kilograms,
- threshold price: 189,43 ECU per 100 kilograms.
Article 2
1. For the 1988/89 marketing year, the percentage of the consumption aid, referred to in Article 11 (5) of Regulation No 136/66/EEC, is hereby fixed at 1,4 %.
2. For the 1988/89 marketing year, the percentage of the consumption aid to be allocated for the campaigns and projects, referred to in Article 11 (6) of Regulation No 136/66/EEC, is hereby fixed at 4 %.
Article 3
This Regulation shall enter into force on 1 November 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 18 October 1988. | [
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COUNCIL REGULATION (EC) No 686/96 of 10 April 1996 amending Regulation (EC) No 1975/95 on actions for the free supply of agricultural products to the people of Georgia, Armenia, Azerbaijan, Kyrgyzstan and Tajikistan
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1975/95 of 4 August 1995 on actions for the free supply of agricultural products to the peoples of Georgia, Armenia, Azerbaijan, Kyrgyzstan and Tajikistan (1),
Having regard to the proposal from the Commission,
Whereas the shortage of food in Turkmenistan has worsened over past months and has now become a critical situation; whereas this situation has been confirmed by data from the United Nations Food and Agriculture Organization (FAO) and other international organizations; whereas a request for food aid by the Government of Turkmenistan was received at the end of 1995;
Whereas it is advisable, as a result, to supply Turkmenistan with agricultural products in order to improve the food supply situation in that country;
Whereas it is therefore necessary to amend Regulation (EC) No 1975/95 in order to include Turkmenistan among the countries eligible to receive aid under that Regulation;
Whereas it is urgent to start the operation,
HAS ADOPTED THIS REGULATION:
Article 1
The terms 'and Tajikistan` shall be replaced by ',Tajikistan and Turkmenistan` in the title and in Article 1 of Regulation (EC) No 1975/95.
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 (EEC) No 3790/91 of 19 December 1991 on arrangements for imports into Germany, Benelux, United Kingdom, Ireland, Denmark, Greece, Spain and Portugal of certain textile products (category 36) originating in South Korea
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4136/86 of 22 December 1986 on common rules for imports of certain textile products originating in third countries (1), as last amended by Commission Regulation (EEC) No 1215/91 (2), and in particular Article 11 thereof,
Whereas Article 11 of Regulation (EEC) No 4136/86 lays down the conditions under which quantitative limits may be established; whereas imports into the Community of certain textile products (category 36) specified in the Annex hereto and originating in South Korea have exceeded the level referred to in paragraph 2 of the said Article 11;
Whereas imports of these products into France and Italy are already subject to regional quantitative limits for the years 1987 to 1991 by Regulation (EEC) No 4136;
Whereas the Agreement on trade in textile products between South Korea and the Community, applied since 1 January 1987, has been extended until the end of 1992 by an exchange of letters initialled on 16 October 1991 and due to be applied provisionally from 1 January 1992;
Whereas, in accordance with paragraph 5 of the said Article 11 of Regulation (EEC) No 4136/86, on 11 November 1991 South Korea was notified of a request for consultations; whereas, pending a mutually satisfactory solution, the Commission has requested South Korea for a provisional period of three months to limits its exports to Germany, Benelux, United Kingdom, Ireland, Denmark, Greece, Spain and Portugal of products falling within category 36 to the provisional quantitative limits set out in the annex with effect from the date of the request for consultations;
Whereas pending the outcome of the requested consultations quantitative limits identical to those requested of the supplier country should be applied provisionally to imports of the category of products in question;
Whereas Article 11 (13) ensures that the quantitative limits are observed by means of a double-checking system in accordance with Annex VI to Regulation (EEC) No 4136/86;
Whereas the products in question exported from South Korea between 11 November 1991 and the date of entry into force of this Regulation must be set off against the quantitative limits which have been introduced;
Whereas these quantitative limits should not prevent the importation of products covered by them shipped from South Korea before the date of entry into force of this Regulation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Without prejudice to the provisions of Article 2, imports into Germany, Benelux, United Kingdom, Ireland, Denmark, Greece, Spain and Portugal of the category of products originating in South Korea and specified in the Annex hereto shall be subject to the provisional quantitative limits set out in that Annex.
Article 2
1. Products referred to in Article 1 shipped from South Korea to Germany, Benelux, United Kingdom, Ireland, Denmark, Greece, Spain and Portugal before the date of entry into force of this Regulation and not yet released for free circulation, shall be so released subject to the presentation of a bill of lading or other transport document providing that shipment actually took place during that period.
2. The provisional limits referred to in Article 1 shall not prevent the importation of products covered by them but shipped from South Korea before the date of entry into force of this Regulation.
Article 3
1. Imports of products referred to in Article 1, shipped from South Korea to Germany, Benelux, United Kingdom, Ireland, Denmark, Greece, Spain and Portugal after the entry into force of this Regulation shall be subject to the double-checking system described in Annex VI to Regulation (EEC) No 4136/86.
2. All quantities of such products shipped from South Korea to Germany, Benelux, United Kingdom, Ireland, Denmark, Greece, Spain and Portugal on or after 11 November 1991 and released for free circulation shall be deducted from the quantitative limits laid down.
Article 4
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 11 November 1991 until 10 February 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COMMISSION REGULATION (EEC) No 1325/86
of 5 May 1986
amending Regulation (EEC) No 3143/85 on the sale at reduced prices of intervention butter intended for direct consumption in the form of concentrated 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 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 3768/85 (2), and in particular Article 6 (7) thereof,
Whereas Commission Regulation No 3143/85 (3), as last amended by Regulation (EEC) No 715/86 (4), made provision for the sale at reduced prices of intervention butter intended for direct consumption in the form of concentrated butter;
Whereas Article 2 (4) of Regulation (EEC) No 3143/85 lays down, in particular, that the contract of sale of the reduced-price butter should name the establishment where the concentrated butter will be packaged for marketing; whereas experience has shown that operators are having difficulties in fulfilling this contractual obligation; whereas this provision introduces a degree of inflexibility that is not essential for the purposes of the controls provided for; whereas it should therefore be relaxed;
Whereas Article 4 (4) of Regulation (EEC) No 3143/85 sets the time limit for the processing of the butter into concentrated butter and for the packaging of the concentrated butter; whereas the recent unfavourable trend in sales of concentrated butter means that operators are no longer able to meet the time limit laid down without running a considerable commercial risk related to the latest permitted date of use indicated on the packaging of the concentrated butter under national rules; whereas this economic situation is likely to compromise the future of the system; whereas the time limit as fixed should be waived temporarily;
Whereas Article 5 (5) of Regulation (EEC) No 3143/85 lays down that the packs should have a maximum net content of three kilograms; whereas, in the light of the experience gained and, in particular, of demand by restaurants and community establishments, the maximum net content should be increased to 10 kilograms;
Whereas Article 5 (3) of Regulation (EEC) No 3143/85 lays down that nitrogen gas may be added to concentrated butter within certain limits; whereas experience has shown that the permitted increase in volume that results from the treatment referred to in the said Article should be increased for concentrated butter with a minimum butterfat content of 99,8 % whereas, moreover, it seems desirable to relax the provision referred to in the second subparagraph of Article 5 (4) concerning the sealing of the packs;
Whereas the provisions of this Regulation are to the benefit of operators and should, therefore, be applicable to current contracts;
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
Regulation (EEC) No 3143/85 is hereby amended as follows:
1. The following is added to the second subparagraph of Article 2 (4):
'However following agreement by the responsible agency, all of the concentrated butter may be packaged for marketing in an establishment other than stated in the contract of sale.'
2. The following is added to Article 4 (4):
'However, for contracts signed before 1 May 1986, the abovementioned period shall expire on 1 September 1986.'
3. Article 5 is amended as follows:
(a) The following subparagraph is added to paragraph 3:
'However, in the case of concentrated butter with a maximum butterfat content of 99,8 %, the increase in volume from this treatment may not exceed 20 % of the concentrated butter before treatment.'
(b) The words 'hermetically sealed packs' in the second subparagraph of paragraph 4 are replaced by the words 'sealed packs'.
(c) The words 'three kilograms' in paragraph 5 are replaced by the words '10 kilograms'.
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, 5 May 1986
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COMMISSION REGULATION (EEC) No 3635/91 of 13 December 1991 amending Regulation (EEC) No 643/86 laying down detailed rules for the application of the supplementary trade mechanism to the live plants and floriculture products listed in Annex XXII to the Act of Accession and imported into Portugal concerning the target ceilings for the year 1992
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 251 (1) and (2) thereof,
Having regard to Council Regulation (EEC) No 569/86 of 25 February 1986 laying down general rules for the application of the supplementary mechanism applicable to trade (1), as last amended by Regulation (EEC) No 3296/88 (2), and in particular Article 7 (1) thereof,
Whereas Council Regulation (EEC) No 3792/85 (3), as last amended by Regulation (EEC) No 3296/88, lays down the arrangements applying to trade in agricultural products between Spain and Portugal; whereas in view of Article 5 (2), the abovementioned arrangements also apply to the products concerned originating from Spain, as of 1 January 1991;
Whereas Commission Regulation (EEC) No 574/86 (4), as last amended by Regulation (EEC) No 3296/88, lays down detailed rules for the application of the supplementary trade mechanism;
Whereas Commission Regulation (EEC) No 643/86 (5), as last amended by Regulation (EEC) No 1316/91 (6), fixes in particular the target ceilings provided for in Article 251 (1) of the Act of Accession for certain floricultural products falling within CN codes 0602, 0603 and 0604 for the year 1991;
Whereas, in accordance with Article 251 (2) of the Act of Accession, the target ceilings must reflect a certain progress in relation to traditional trade flows so as to ensure a harmonious and gradual opening-up of the market; whereas, to that end, the target ceilings for ornamental plants, roses, carnations and Asparagus plumosus and those for rose bushes should be increased for 1992;
Whereas, in view of experience gained during the six years of application of those arrangements, provision should be made, in order to ensure stability on the Portuguese market, for a seasonal break-down of the ceilings for certain of those products and for their adjustment to seasonal variations in Portuguese production;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Live Plants,
HAS ADOPTED THIS DECISION:
Article 1
Regulation (EEC) No 643/86 is hereby amended as follows:
1. Article 1 (1) is replaced by the following:
'1. The target ceilings provided for in Article 251 (1) of the Act of Accession for the period 1 January to 31 December 1992 shall be as set out in the Annex hereto.';
2. the Annex is replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on 1 January 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 December 1991. | [
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Commission Regulation (EC) No 170/2004
of 29 January 2004
concerning tenders notified in response to the invitation to tender for the import of maize issued in Regulation (EC) No 2315/2003
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2), and in particular Article 12(1) thereof,
Whereas:
(1) An invitation to tender for the maximum reduction in the duty on maize imported into Portugal from third countries was opened pursuant to Commission Regulation (EC) No 2315/2003(3).
(2) Article 5 of Commission Regulation (EC) No 1839/95(4), as last amended by Regulation (EC) No 2235/2000(5), 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 Articles 6 and 7 of Regulation (EC) No 1839/95 a maximum reduction in the duty should not be fixed.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for cereals,
HAS ADOPTED THIS REGULATION:
Article 1
No action shall be taken on the tenders notified from 23 to 29 January 2004 in response to the invitation to tender for the reduction in the duty on imported maize issued in Regulation (EC) No 2315/2003.
Article 2
This Regulation shall enter into force on 30 January 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 January 2004. | [
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COUNCIL DECISION of 19 December 1997 establishing a Community action programme in the field of civil protection (98/22/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Having regard to the opinion of the Committee of the Regions (4),
Whereas the action taken by the Community in this field since 1985 has made it possible progressively to develop cooperation between the Member States; whereas the resolutions adopted since 1987 (5) constitute the basis for this cooperation;
Whereas Community cooperation in the field of civil protection helps to achieve the objectives of the Treaty by promoting solidarity among Member States, raising the quality of life and contributing to preserving and protecting the environment;
Whereas the Community programme of policy and action in relation to the environment and sustainable development (6) presented by the Commission envisages that the Community's activity will be stepped up in the fields of civil protection and environmental emergencies;
Whereas the establishment of a Community action programme providing support measures will help to develop cooperation in this field even more effectively; whereas such a programme should be based to a large extent on experience already gained in this field;
Whereas action to prepare those responsible for, and involved in, civil protection in the Member States is important in order to increase their degree of preparedness;
Whereas it is also important to undertake action targeted at the general public so as to help European citizens to protect themselves more effectively;
Whereas the Permanent Network of National Correspondents on Civil Protection will continue to play an active role for matters relating to civil protection;
Whereas a Committee of Member States' representatives will be established to assist the Commission in the implementation of this Decision;
Whereas, in accordance with the principle of subsidiarity, Community cooperation supports and supplements national policies in the field of civil protection in order to make them more effective; whereas pooling of experience and mutual assistance will help to reduce the loss of human life, injuries and economic and environmental damage throughout the Community;
Whereas it is appropriate to pay particular attention to the outermost or isolated regions of the Community, because of their characteristics;
Whereas the programme should not last for more than two years (1998, 1999);
Whereas a financial reference amount, within the meaning of point 2 of the Declaration by the European Parliament, the Council and the Commission of 6 March 1995, is included in this Decision for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty;
Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,
HAS ADOPTED THIS DECISION:
Article 1
A Community action programme (hereinafter called 'the programme`) in the field of civil protection is hereby established in order to contribute to the protection of persons, environment and property in the event of a natural or technological disaster, without prejudice to the internal division of competences in Member States.
The programme is intended to support and supplement Member States' efforts within the framework of their action on national, regional and local levels in matters of civil protection, as well as to facilitate cooperation between Member States in this field.
This programme excludes any measures aimed at the harmonisation of the laws and regulations of the Member States or of the organising of the national preparedness of the Member States.
Article 2
1. The programme shall start on 1 January 1998 and end on 31 December 1999.
2. A plan to implement the programme, established for two years and to be reviewed annually, shall be adopted, in accordance with the procedure laid down in Article 4 and on the basis, inter alia, of the information supplied by Member States to the Commission.
The financial reference amount for the implementation of the programme shall be ECU 3 million.
The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
3. Actions under the programme, the financial arrangements and an indicative allocation of resources are set out in the Annex.
Article 3
1. The plan for implementing the programme shall contain the individual actions to be undertaken.
2. Individual actions shall be selected primarily on the basis of the following criteria:
(a) contribution to lessening the risk and damage to persons, environment and property in the event of a natural or technological disaster;
(b) contribution to increasing the degree of preparedness of those involved in civil protection in the Member States, in order to increase their ability to respond to an emergency;
(c) contribution to improving techniques and methods of response: pilot projects;
(d) contribution to public information, education and awareness, so as to help citizens to protect themselves more effectively.
3. Each individual action shall be implemented in close cooperation with the competent authorities.
4. Each action shall take account of the results of the Community and national research in the relevant fields.
5. The Commission and Member States shall contribute to the consistency of the programme with other Community actions.
Article 4
For the implementation of the programme, the Commission shall be assisted by a Committee composed of representatives of the Member States and chaired by a representative of the Commission.
The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be adopted by the majority provided for in Article 148(2) of the Treaty for the adoption of decisions which the Council is to take on a proposal from the Commission. The votes of representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event:
(a) the Commission shall defer application of the measures which it has decided for a period of three months from the date of communication;
(b) the Council, acting by a qualified majority, may take a different decision within the time limit referred to in (a).
Article 5
The Commission shall evaluate annually the progress in implementing the plan and present a written evaluation report to the committee referred to in Article 4 accordingly.
Article 6
This Decision shall apply with effect from 1 January 1998.
Article 7
This Decision is addressed to the Member States.
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*****
COMMISSION DECISION
of 20 December 1989
on the establishment of the Community support framework for Community structural assistance in the areas eligible under Objective 2 in the region of Franche-Comté (France)
(Only the French text is authentic)
(90/274/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (1), and in particular Article 9 (9) thereof,
Whereas, in accordance with Article 9 (9) of Regulation (EEC) No 2052/88, the Commission, on the basis of the regional and social conversion plans submitted by the Member States, shall establish, through partnership and in agreement with the Member State concerned, the Community support frameworks for Community structural operations;
Whereas, in accordance with the second subparagraph of that provision, Community support frameworks shall cover in particular the priorities, the forms of assistance, the indicative financing plan, with details of the amount of assistance and its source, and the duration of the assistance;
Whereas Title III, Articles 8 et seq. of Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (2) sets out the conditions for the preparation and implementation of Community support frameworks;
Whereas the French Government submitted to the Commission on 21 April 1989, pursuant to Article 9 (8) of Regulation (EEC) No 2052/88, the regional and social conversion plan for the areas in the region of Franche-Comté which, as decided by Commission Decision 89/288/EEC (3) in accordance with the procedure referred to in Article 9 (3) of the said Regulation, are eligible under Objective 2;
Whereas the plan submitted by the Member State includes a description of the priorities selected and an indication of the use to be made of assistance from the European Regional Development Fund (ERDF), and the European Social Fund (ESF) in implementing the plan;
Whereas this Community support framework has been established in agreement with the Member State concerned through the partnership defined in Article 4 of Regulation (EEC) No 2052/88;
Whereas the EIB has also been involved in the preparation of the Community support framework in accordance with Article 8 of Regulation (EEC) No 4253/88; whereas it has declared its readiness to help implement the framework in accordance with the provisions of its Statute;
Whereas the Commission is prepared to examine the possibility of the other Community lending instruments contributing to the financing of this framework in accordance with the specific provisions governing them;
Whereas this Decision is consistent with the opinion of the Advisory Committee on the Development and Conversion of Regions and of the European Social Fund Committee;
Whereas, in accordance with Article 10 (2) of Regulation (EEC) No 4253/88, this Decision is to be sent as a declaration of intent to the Member State;
Whereas, in accordance with Article 20 (1) and (2) of Regulation (EEC) No 4253/88, the budgetary commitments relating to the contribution from the Structural Funds to the financing of the operations covered by the Community support framework will be made on the basis of subsequent Commission decisions approving the operations concerned,
HAS ADOPTED THIS DECISION:
Article 1
The Community support framework for Community structural assistance in the areas eligible under Objective 2 in the region of Franche-Comté (France), covering the period 1 January 1989 to 31 December 1991, is hereby approved.
The Commission declares that it intends to contribute to the implementation of this Community support framework in accordance with the detailed provisions thereof and in compliance with the rules and guidelines of the Structural Funds and the other financial instruments.
Article 2
The Community support framework shall include the following essential information:
(a) a statement of the priorities for joint action:
- priority 1: improving the attractiveness of the areas concerned,
- priority 2: encouraging the creation and expansion of businesses,
- priority 3: exploiting tourist potential;
(b) an outline of the forms of assistance to be provided, in the form of operational programmes;
(c) an indicative financing plan specifying, at constant 1989 prices, the total cost of the priorities adopted for joint action by the Community and the Member State concerned and, in addition, of existing multiannual national initiatives, that is ECU 52,41 million for the whole period, and the financial arrangements envisaged for budgetary assistance from the Community, broken down as follows:
(in million ecus)
1.2 // // // ERDF // 14,4 // ESF // 3,6 // // // Total for Structural Funds // 18 // //
The resultant national financing requirement, that is approximately ECU 32,27 million for the public sector and ECU 2,14 million for the private sector, may be partially covered by Community loans from the European Investment Bank and the other lending instruments.
Article 3
This declaration of intent is addressed to the French Republic.
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*****
COMMISSION DECISION
of 9 April 1986
approving an amendment to the regional programme for Northern Ireland pursuant to Council Regulation (EEC) No 355/77
(Only the English text is authentic)
(86/173/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 355/77 of 15 February 1977 on common measures to improve the condition under which agricultural and fishery products are processed and marketed (1), as last modified by Regulation (EEC) No 1247/85 (2), and in particular Article 5 thereof,
Whereas the Government of the United Kingdom communicated on 3 May 1985 an amendment to the regional programme for Northern Ireland approved by Commission Decision 80/174/EEC (3), and on 20 August, 2 September and 23 October 1985 supplied additional information;
Whereas the said amendment relates to continuing the modernization, rationalization and expansion of marketing, processing and storage facilities for:
- beef, sheepmeat and pigmeat,
- poultrymeat and eggs,
- by-products,
- milk and milk products,
- cold stores,
- cereals and animal feedingstuffs,
- horticultural and floricultural products,
- potatoes,
- seed,
- flax,
with the aim of continuing the improvements made in the techniques of processing and marketing of the products processed and marketed, thereby raising the value added of the basic products; whereas it therefore constitutes a programme within the meaning of Article 2 of Regulation (EEC) No 355/77;
Whereas in so far as the programme relates to milk and milk products, approval of the programme does not extend to that part which relates to the use of cows'milk;
Whereas in so far as projects in the cereals and animal feedingstuffs sectors are eligible for Community aid under the provisions of Council Regulation (EEC) No 1943/81 (4) as last amended by Regulation (EEC) No 2001/85 (5) approval of the amendment does not extend to approval of those projects pursuant to Regulation (EEC) No 355/77;
Whereas as regards projects for expanding the processing capacity for vegetables and soft fruit, approval of the amendment may be extended only to projects which relate primarily to the processing of basic products obtained in Northern Ireland;
Whereas vehicles for the delivery or distribution of final products are not eligible for Community financing; whereas facilities at the retail level are also excluded from being eligible for financing under the Regulation;
Whereas in so far as the amendment concerns the installation of cold stores, approval may extend only to that part which is connected with processing and marketing facilities and whose purpose is not the storage of intervention products;
Whereas the said amendment contains sufficient of the details listed in Article 3 of Regulation (EEC) No 355/77 (other than for non-Annex II products on which no decision can be taken at this stage), to indicate that the objectives laid down in Article 1 of the said Regulation can be achieved in respect of the abovementioned sectors; whereas the estimated time for the implementation of the programme does not exceed the limit laid down in Article 3 (1) (g) of the Regulation;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure;
HAS ADOPTED THIS DECISION:
Article 1
The amendment to the regional programme for Northern Ireland communicated by the Government of the United Kingdom on 3 May 1985 pursuant to Regulation (EEC) No 355/77 and for which additional information was provided on 20 August, 2 September and 23 October 1985, is hereby approved subject to the reservations set out in the recitals above.
Article 2
This Decision is addressed to the United Kingdom.
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COMMISSION REGULATION (EC) No 1283/1999
of 18 June 1999
amending Regulation (EEC) No 1164/89 laying down detailed rules concerning the aid for fibre flax and hemp
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1308/70 of 29 June 1970 on the common organisation of the market in flax and hemp(1), as last amended by the Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94(2), and in particular Article 4(5) thereof,
(1) Whereas Annex B to Commission Regulation (EEC) No 1164/89(3), as last amended by Regulation (EC) No 1280/1999(4), contains a list of the varieties of hemp eligible for aid; whereas, as a result of the latest analyses done at the production stage, it was found that the "Fedora 19" variety did not systematically produce hemp with a tetrahydrocannabinol content complying with the percentage referred to in the third subparagraph of Article 3(1) of Council Regulation (EEC) No 619/71(5), as last amended by Regulation (EC) No 1420/98(6); whereas the overrun of that percentage is fairly limited but is sufficient reason not to encourage production of the "Fedora 19" variety which, moreover, does not appear to comply with the new percentage permitted from the 2001/02 marketing year;
(2) Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Flax and Hemp,
HAS ADOPTED THIS REGULATION:
Article 1
The variety "Fedora 19" is hereby removed from Annex B to Regulation (EEC) No 1164/89.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from the 2001/02 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 June 1999. | [
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COUNCIL DECISION
of 2 June 2005
concerning the conclusion of a Framework Agreement between the European Community and Bosnia and Herzegovina on the general principles for the participation of Bosnia and Herzegovina in Community programmes
(2005/525/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 13, 71, 80, 95, 127, 137, 149, 150, 151, 152, 153, 157, 166, 175, 280 and 308 in conjunction with the second sentence of the first subparagraph of Article 300(2), the second subparagraph of Article 300(3), and Article 300(4) thereof,
Having regard to the proposal from the Commission,
Having regard to the assent of the European Parliament (1),
Whereas:
(1)(2)(3)(4)(5)(6)(7)(8)(9)
The Thessaloniki European Council of June 2003 approved the ‘Thessaloniki Agenda for the Western Balkans: moving towards European integration’, which provided for Community programmes to be opened up to the Stabilisation and Association Process (SAP) countries along the lines established for the participation of candidate countries.In its communication on ‘Preparing for the participation of the Western Balkan countries in Community programmes and agencies’, the Commission advocated concluding with Albania, Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia and Serbia and Montenegro framework agreements laying down the general principles governing each country’s participation in Community programmes.In accordance with the negotiating directives adopted by the Council on 29 April 2004, the Commission, on behalf of the Community, has negotiated a Framework Agreement with Bosnia and Herzegovina on the general principles for its participation in Community programmes.This Agreement was signed, on behalf of the Community, on 22 November 2004 in Brussels, subject to conclusion at a later date.With regard to some of the programmes covered by the Agreement, the Treaty does not provide for powers other than those under Article 308.The specific terms and conditions regarding the participation of Bosnia and Herzegovina in the Community programmes, including the financial contribution payable, should be determined by the Commission on behalf of the Community. For that purpose the Commission should be assisted by a special committee appointed by the Council.Bosnia and Herzegovina may request financial assistance for participating in Community programmes under Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia (2) or under any similar Regulation providing for Community external assistance for Bosnia and Herzegovina that may be adopted in future.The application of the Agreement should be reviewed periodically.The Agreement should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Framework Agreement between the European Community and Bosnia and Herzegovina on the general principles for the participation of Bosnia and Herzegovina in Community programmes is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision (3).
Article 2
1. The Commission is authorised to determine, on behalf of the Community, the specific terms and conditions applicable to the participation of Bosnia and Herzegovina in any given programme, including the financial contribution payable. The Commission shall be assisted in this task by a special committee appointed by the Council.
2. Where Bosnia and Herzegovina requests external assistance, the procedures provided for in Regulation (EC) No 2666/2000, and in similar Regulations providing for Community external assistance to Bosnia and Herzegovina that may be adopted in the future, shall apply.
Article 3
No later than three years after the date of entry into force of the Agreement, and every three years thereafter, the Commission shall review the implementation of the Agreement and report thereon to the Council. The report shall be accompanied where necessary by appropriate proposals.
Article 4
The President of the Council shall, on behalf of the Community, give the notifications provided for in Article 10 of the Agreement.
Done at Luxembourg, 2 June 2005. | [
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*****
COUNCIL DECISION
OF 7 NOVEMBER 1988
RELATING TO EXCEPTIONAL COMMUNITY AID FOR THE RECONSTRUCTION OF THE AREAS STRICKEN BY EARTHQUAKES WHICH TOOK PLACE IN GREECE IN SEPTEMBER 1986
( 88/561/EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, AND IN PARTICULAR ARTICLE 235 THEREOF,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ),
WHEREAS THOSE LIVING IN CERTAIN AREAS OF GREECE HAVE BEEN SERIOUSLY AFFECTED BY THE EARTHQUAKES OF SEPTEMBER 1986, WITH AN ENSUING NEED TO HELP OFFSET THE EFFECTS OF THIS DISASTER ON THEIR ECONOMIC AND SOCIAL WELL-BEING;
WHEREAS THE AREAS STRICKEN BY THESE EARTHQUAKES EXTEND OVER, IN PARTICULAR, THE TOWN OF KALAMATA AND ITS SURROUNDINGS IN THE NOMOS OF MESSINIA;
WHEREAS STEPS SHOULD BE TAKEN TO DEAL QUICKLY AND EFFICIENTLY WITH THIS QUITE EXCEPTIONAL SITUATION;
WHEREAS THE EUROPEAN INVESTMENT BANK IS ABLE TO GRANT LOANS OUT OF ITS OWN RESOURCES TO HELP ACHIEVE THIS OBJECTIVE;
WHEREAS AN INTEREST SUBSIDY CHARGEABLE TO THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES SHOULD BE PROVIDED ON THESE LOANS;
WHEREAS THE TREATY HAS NOT PROVIDED, FOR THE ADOPTION OF THE MEASURES IN QUESTION, POWERS OTHER THAN THOSE PROVIDED FOR IN ARTICLE 235,
HAS DECIDED AS FOLLOWS :
ARTICLE 1
THE ULTIMATE RECIPIENTS OF THE LOANS GRANTED BY THE EUROPEAN INVESTMENT BANK OUT OF ITS OWN RESOURCES FOR INVESTMENT PROJECTS CARRIED OUT IN THE AREAS DEVASTATED BY THE EARTHQUAKES OF SEPTEMBER 1986 IN GREECE SHALL BE ENTITLED TO AN INTEREST SUBSIDY CHARGEABLE TO THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES, UP TO THE EQUIVALENT OF A CAPITAL VALUE OF ECU 100 MILLION IN ALL .
ON THE BASIS OF PROJECTS PUT FORWARD BY THE GREEK AUTHORITIES, THE COMMISSION SHALL GRANT THIS SUBSIDY AT A RATE OF THREE PERCENTAGE POINTS PER ANNUM FOR UP TO 12 YEARS .
ARTICLE 2
THIS DECISION SHALL TAKE EFFECT FROM 1 JANUARY 1989 .
DONE AT BRUSSELS, 7 NOVEMBER 1988 . | [
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*****
COMMISSION DECISION
of 19 December 1988
relating to a proceeding unde Article 85 of the EEC Treaty (IV/31.291, Uniform Eurocheques)
(Only the English and French texts are authentic)
(89/95/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 Spain and Portugal, and in particular Articles 6 and 8 thereof,
Having regard to the notification submitted on 19 July 1984 pursuant to Article 4 of Regulation No 17 by the Secretary-General of Eurocheque International sc on behalf of the national bank organizations which make up the Eurocheque Assembly, concerning the guidelines for the production of the uniform Eurocheque, for the production of the uniform Eurocheque card and for the finishing of the uniform Eurocheque and uniform Eurocheque card,
Having regard to the summary of the agreements (2) published pursuant to Article 19 (3) of Regulation No 17, which drew no observations from interested third parties,
After consulting the Advisory Committee on Restrictive Practices and Dominant Positions,
Whereas:
I. THE FACTS
(1) This proceeding concerns the agreements, known as 'guidelines', within the Eurocheque Community, relating to the production and finishing of Eurocheques and Eurocheque cards and in particular the selection and prior approval of firms authorized to take part.
(2) On 29 June 1984, the Commission received a complaint from SA Arjomari-Prioux under Article 3 of Regulation No 17 concerning, in particular, the agreements and the way they were applied.
(3) On 19 July 1984, the Secretary-General of Eurocheque International submitted, on behalf of the national organizations making up the Eurocheque Assembly, a notification and application for negative clearance concerning the guidelines for the production of the uniform Eurocheque, the guidelines for the production of the uniform Eurocheque card and the guidelines for the finishing of the uniform Eurocheque and the uniform Eurocheque card, all these guidelines having been approved by the Eurocheque Assembly at its meetings on 19 and 20 May 1983.
Following discussions between Eurocheque International and the Commission, the Eurocheque Assembly adopted amended versions of the guidelines which from the subject of this Decision at its session on 4 and 5 June 1987.
The Eurocheque system
(4) The Eurocheque organization was created in 1968 on the private initiative of European financial bodies. Its aim is to meet the need for international
payment systems resulting from the growth of tourism and business travel within Europe, by making available a means of payment which customers may use both in their country of origin and in other countries.
(5) The Eurocheque system is open to all European banks (1) It is based on two instruments: the Eurocheque and the Eurocheque card. The drawee bank guarantees any payee bank reimbursement of a Eurocheque presented with the corresponding card, up to a predetermined maximum amount.
(6) Eurocheque International estimates that some 9 000 banks issued 32 milion Eurocheque cards to their customers in 1987 in 20 countries, including all the Member States except Greece.
A total of 900 million Eurocheques have been drawn, of which some 46 million were drawn abroad. The customers of many banks which issue Eurocheque cards receive Eurocheques for payments both in their country of residence and when travelling abroad.
(7) Some 15 000 banks and other financial institutions cash uniform Eurocheques at their countries in 40 European and Mediterranean countries. Uniform Eurocheques are also accepted in payment by traders in 28 of those countries. Total annual payments by Eurocheque in both the country of residence and abroad represent some ECU 100 000 milion.
(8) The agreement concluded on 31 October 1980 within the Eurocheque system on Eurocheques drawn abroad in the local currency was granted an exemption pursuant to Article 85 (3) of the EEC Treaty by Commission Decision 85/77/EEC (2).
(9) Within the Eurocheque system, the 'issuing' financial institutions supply their customers with cheques and cards which may be used within the Eurocheque system and cash cheques at their counters, whereas 'accepting' institutions cash guaranteed cheques at their counters made out by customers of 'issuing' banks but do not issue their customers with cards or cheques which may be used within the system.
(10) Of the cheques and cards which may be used in the Eurocheque system, approximately 80 % are uniform Eurocheques and cards, the format and technical characteristics of which are defined in the notified agreements.
The Eurocheque Community
(11) One of the main objectives of the Eurocheque Community which brings together the issuing institutions, is to encourage credit institutions to issue uniform cheques and cheque cards rather than the other, non-uniform instruments that may be used in the sytem, in order to encourage widespread recognition and acceptance of Eurocheques by traders in a large number of countries.
(12) The issuing institutions of each country are grouped together, within the Eurocheque system, in national associations or organizations, to which this Decision is addressed for their information.
(13) Member banks undertake to issue the payment instruments as defined in the guidelines.
(14) The Eurocheque Assembly ('Assembly') is the decision-making, managing and monitoring body of the Eurocheque Community. Its decisions are binding on all members provided they are not contrary to national laws or regulations. The Assembly appoints a Secretary-General who is responsible for the day-to-day running of the Eurocheque Community (Article 20). He manages the permanent secretariat of the organization in Brussels - Eurocheque International.
Security in the Eurocheque system
(15) Because of the guarantee given by the bank, a Eurocheque accompanied by a Eurocheque card is equivalent to a banknote, with a maximum value currently fixed at the equivalent in local currency of approximately ECU 190, provided that certain conditions are fulfilled when the cheque is made out, e.g. the cheque must correspond to the cheque card.
(16) Consequently, the cheque and the card must incorporate certain features and be of uniform quality to protect them from counterfeiting and forgery. As stated in the notification 'the risk inherent in the system is . . . fundamentally tied to the production quality of the payment instruments'.
The manufacturers authorized to participate in the production of Eurocheque instruments must therefore be able to offer a high-quality product. They must also comply with stringent security requirements designed to prevent both the theft of finished or semi-finished products and the equipment or materials used in their production, and the misuse of such equipment.
(17) The security measures usually taken to protect the transport of banknotes are also applied to each production stage and to the transport of cheques and cards.
The products
(18) The agreements concern the production and finishing of Eurocheques and Eurocheque cards. These processes are made up of several operations: production of the special paper for the cheques and cards, printing, lamination of the cards and incorporation of the technical devices and, lastly, personalization of the cheques and cards.
(19) Eurocheque paper belongs to a category of products known as security paper, the chief characteristic of which is to make counterfeiting both difficult and expensive. This can be achieved by several methods, e.g. watermarks, the quality or the 'feel' of the paper itself, or other devices that are difficult to reproduce or imitate. Other security devices can also be incorporated at the manufacturing stage, their main purpose being to make forgery more difficult, e.g. attempts to alter data on documents made from such paper, such as a signature or a figure.
(20) Producers of cheques and cheque cards use highly sophisticated printing techniques. Here too, the object is to prevent counterfeiting, e.g. by including extremely detailed and complex patterns in the design, using a wide range of colours and incorporating devices to prevent forgeries.
Whilst finishing may involve less sophisticated techniques, the security requirements are identical.
(21) In 1983 and 1984, the annual quantity of Eurocheque paper supplied by authorized manufacturers was [ . . . ] (1) tonnes, representing a total value of approximately ECU [ . . . ]. The value of the printed cheques supplied to customers in 1983 was of the order of ECU [ . . . ], to which may be added the value of the 26 million cards issued, estimated at ECU [ . . . ]. Estimates based on the steady increase in the number of Eurocheques and cards issued between 1984 and 1988 indicate a [ . . . ] % increase on the figures given above in the period 1984 to 1988.
The Commission does not have any accurate data on the annual value of finsihing work. This may, however, be estimated, on the basis of the number of cheques used, at ECU [ . . . ], plus a smaller amount for the finishing of cards. The finishing of Eurocheque instruments represented only a very small part of similarly technical work carried out by the printing sector. If one looks at just the work carried out in security conditions similar to these required by the agreements, the market is much larger than simply the finishing of Eurocheque instruments. Firms in this sector are also involved in producing other security documents such as bank cheques, travellers' cheques, identity documents, lottery tickets and securities.
The notified agreements
Guidelines for the production of the uniform Eurocheque
(22) According to the guidelines, the production of Eurocheques may be assigned only to firms (paper mills and printing plants) that have experience in the production of high-security printed instruments (such as banknotes, travellers' cheques, etc.), the necessary technical equipment and effective security and control facilities (Article 2.1).
(23) Applications for authorization must be addressed to Eurocheque International; authorization is granted by the Eurocheque Assembly. The authorization expires if no orders are executed during a period of two years (Article 2 (8)) (three years for Eurocheque cards).
(24) The informations and key materials required for the production of the paper and the printing of the Eurocheques are supplied exclusively by Eurocheque International on receipt of proof of an order. Only these materials may be used (Articles 4, 6 (2) and 7 (2)). The detailed specifications are then communicated immediately, followed by the key materials after an appropriate period for production and delivery, which Eurocheque International envisages will not exceed four weeks save in exceptional circumstances.
In the event of failure to comply with the guidelines, Eurocheque International may demand the surrender of the materials supplied and any means of production deriving from them, as well as any finished or semi-finished products, against reimbursement of the costs (Article 2 (7)).
(1) OJ No 13, 21. 2. 1962, p. 204/62.
(2) OJ No C 156, 15. 6. 1988, p. 2.
(1) In this Decision 'bank' embraces all credit institutions which are members of the Eurocheque system.
(2) OJ No L 35, 7. 2. 1985, p. 43.
(1) In the published version of the Decision, some information has hereinafter been omitted, pursuant to the provisions of Article 21 of Regulation No 17 concerning non-disclosure of business secrets.
(25) Authorization is subject to a prior inspection by representatives of Eurocheque International (Article 2 (3)) Paper manufacturers and printing shops are required, prior to the first production, to submit samples for inspection and approval to Eurocheque International or its representatives (Articles 6 (3) and 7 (4)) Eurocheque International is prepared to come to a decision within a period of two weeks.
(26) Producers (paper mills and printing plants) authorized to produce, store and dispatch Eurocheques and cards must have effective security systems and Eurocheque control measures in order to rule out any improper use or theft of materials, paper or finished or semi-finished products. The measures are detailed in a memorandum annexed to the guidelines.
(27) Eurocheque International or its representatives have the right to inspect at any time the production facilities as well as the books and records in order to ensure that the guidelines are being effectively observed (Article 8 (2)).
(28) Orders for Eurocheques may be accepted by approved printers only if given by institutions whose right to place an order has been confirmed in writing to the printer by the national liaison office of the institution which placed the order (Article 3). A printer's customer is a bank which is a member of the Eurocheque Community. The production of paper may be effected only by order of authorized printers, the names of which have been given to the paper manufacturers by Eurocheque International (Article 6).
Guidelines for the production of the uniforme Eurocheque card
(29) These guidelines concern the production and printing of the special paper and the production of special security features involved in the manufacture of the Eurocheque card. Apart from the difference referred to in point 23, the layout and wording of these guidelines are very similar, mutatis mutandis, to those of the guidelines for the production of cheques.
Guidelines for the finishing of the uniform Eurocheque and the uniform Eurocheque card
(30) Finishing involves the insertion of the bank's name, the personalization and encoding of cheques and cards, lamination of cards, attachment of the signature panel on the cards and other special features, such as the hologram.
(31) Eurocheque instruments can be finished either by member financial institutions or by specialized firms. Authorization is granted under similar conditions to those governing the approval of paper manufacturers and printers: the finishing firms must have the necessary equipment and effective security facilities.
(32) However, applications for authorization must be addressed to the Eurocheque asssociation of the country of the applicant. Where a country has no financial institution which issues uniform Eurocheques (this applies only to Greece among the Member States), the application is addressed to the association of a country which does have such a financial institution. Authorization for the finishing of Eurocheques is given by the national association whereas authorization for the production of instruments is granted by the Eurocheque Assembly and Eurocheque International. Eurocheque International is informed by the national associations of all authorizations granted by them.
(33) Authorization is limited to finishing operations in respect of which the firm fulfils the appropriate requirements. There are at present ( . . . ) firms authorized to carry out one or more finishing operations, in 12 countries, of which seven are EEC Member States.
II. LEGAL ASSESSMENT
A. Article 85 (1)
(34) The guidelines are agreements within the meaning of Article 85 (1) of the EEC Treaty. The agreements between the national associations must be regarded as agreements between undertakings as these agreements determine the conduct of the undertakings which the associations represent.
(35) According to the guidelines, and the agreements concluded between Eurocheque International or the national associations with authorized undertakings, the banks obtain cheques and cards from authorized printers exclusively, and they in turn may only obtain Eurocheque paper exclusively from authorized paper producers. Similarly, banks may only obtain finishing services from untertakings authorized for finishing work.
Conversely, authorized undertakings may only supply Eurocheque instruments, Eurocheque paper or finishing services to member banks or authorized printers, as appropriate.
(36) The Eurocheque system is an international payment system set up by a large number of European credit institutions. It is of the utmost importance to the smooth running of the system and to retain the confidence of customers, whether consumers, traders or member banks, that a high level of security be maintained. That means that the quality of the instruments must not only be high, but also uniform. For these reasons the prior vetting of firms wishing to produce Eurocheque instruments is essential. The selection criteria are objective and qualitative. However, as regards the security of premises in particular, the criteria allow for a fairly wide margin of discretion. It would, for example, be counter-productive for the guidelines to specify electronic protection devices or even to standardize them in any way. Nevertheless the application of these criteria and the processing of applications for authorization by the central bodies of the Eurocheque Community offer certain guarantees as to the uniform application of the guidelines to paper manufacturers and printers.
(37) The Commission considers that both the prior authorization of paper manufacturers and printers and the qualitative criteria applied are justified by the nature of the products or services to be provided, and by the security which is indispensable for the proper operation of the Eurocheque system. The authorization scheme ensures that those undertakings which fulfil the necessary conditions will be authorized if they so request. Banks and printers do not therefore have any legitimate interest in resorting to non-authorized undertakings. Accordingly, the Commission considers that the obligation imposed on banks and on printers to obtain Eurocheque instruments and paper exclusively from authorized printers and paper producers does not amount to a restriction of competition within the meaning of Article 85 (1).
(38) By virtue of the principles governing subcontracting, the obligation imposed on paper producers and printers to supply Eurocheque paper or instruments only to designated purchasers does not amount to a restriction of competition within the meaning of Article 85 (1).
(39) It is necessary to restrict the distribution of technical specifications and materials used in the production of Eurocheque instruments or which could facilitate forgeries by giving them only to firms able to show proof of an order. This measure is not a significant barrier to the access of new firms to the production of Eurocheque instruments, as the firms can make provision in their forecasts for the delays such a measure involves.
(40) all finishing firms are required to address an application for authorization to one national association as stated in point 32. The authorization determines whether the firm is able to provide finishing services not only to the banks in the country where it is given but also to those in all countries of the Eurocheque Community.
(41) When a finishing firm is authorized the national association concerned bears the costs of examining the application and of carrying out the obligatory regular on-the-spot inspections. Furthermore, the association could incur liability in connection with the examination of applications and the obligation to carry out regular checks in the event of a finishing firm failing to comply with security requirements. The Commission's investigations in this case found that national associations regard the above factors as important. These associations are extremely diverse in terms of their financial and human resources and in their likely assessment of the risks and costs which they are ready to bear. There is no doubt that differences will arise in the application of the criteria which involve complex assessments of risk, and that these differences are likely to be significant.
(42) In the light of these considerations, the Commission considers that the obligation on banks to obtain finishing services only from authorized firms amounts to a restriction of competition within the meaning of Article 85 (1), for the authorization scheme does not assure the elaboration of a uniform standard and the authorization of all firms which would meet that standard and wish to provide Eurocheque finishing services. On the contrary, taken as a whole, the prior approval system for finishing firms is inherently liable to lead to discrimination between firms. As a consequence, banks will be unable to obtain finishing services from certain firms which should qualify for authorization.
Effect on trade between Member States
(43) Any lack of uniformity in the application of the system of authorizing finishing firms is inherently liable to affect trade between Member States since the authorization granted by the national Eurocheque association determines the market access of finishing services throughout the member countries of the Eurocheque Community, which currently includes all the Community countries except Greece.
(44) The finishers of Eurocheque instruments can receive orders from banks in other countries, even if the cost of providing security transport means that trade has to be limited chiefly to transactions with neighbouring countries. B. Article 85 (3)
(45) While the prohibition on obtaining finishing services from non-authorized firms falls within the scope of the prohibition in Article 85 (1), the guidelines on finishing may be exempted under Article 85 (3).
The prior authorization of finishing firms does promote economic progress in that it contributes to the security of the Eurocheque system as a means of international payment. Security is an essential factor in the development of the system and in retaining user confidence, which is indispensable in payment systems.
(46) The users of the Eurocheque system obtain a fair share of the resulting benefit since a high level of security reduces the risk of the heavy costs which may result both directly and indirectly from counterfeiting and forgery in payment systems. In addition, Eurocheque bearers benefit from the widespread acceptance of Eurocheques by banks and traders in European and Mediterranean countries which is fostered by the security of the system. Banks, for their part, are free to give finishing work to any authorized firm. They may also carry out the finishing work themselves if they consider it is more advantageous.
(47) The agreement does not impose any restrictions that are not essential in securing the advantages resulting from the agreement. Although implementation of the agreement by the national associations entails a risk of distortion of competition in the application of the authorization criteria, the structure is justifiable. The potential number of finishing firms is far greater than in the case of paper manufacturers and printers. Often these firms operate more on a regional than an international basis. The national associations are therefore in a better position to know and control them, and such decentralized control is also easier and less expensive.
(48) Lastly, the agreement does not afford the parties concerned the possibility of eliminating competition in respect of a substantial part of the products in question. The agreement does not govern trade relations between authorized firms and the member banks that are their customers. Both are entitled to submit or invite tenders in all the member countries. In addition, the finishing of Eurocheque instruments constitutes only a small part of the services that can be provided by firms which may be authorized to finish Eurocheque instruments.
C. Regulation No 17
(49) Pursuant to Article 6 (1) of Regulation No 17, the date on which this Decision shall take effect is set at 5 June 1987, the date of adoption of the modified guidelines. In accordance with Article 8 (1), the duration of the exemption resulting from this Decision shall be 15 years,
HAS ADOPTED THIS DECISION:
Article 1
On the basis of the information at its disposal, there are no grounds for the Commission to intervene under Article 85 (1) of the EEC Treaty with regard to the guidelines for the production of the uniform Eurocheque and the guidelines for the production of the uniform Eurocheque card, adopted by the Eurocheque Assembly at its session on 4 and 5 June 1987.
Article 2
In accordance with Article 85 (3) of the Treaty establishing the European Economic Community, the provisions of Article 85 (1) are hereby declared inapplicable for the period from 5 June 1987 to 4 June 2002 to the guidelines for the finishing of the uniform Eurocheque and the uniform Eurocheque card as approved by the Eurocheque Assembly at its session on 4 and 5 June 1987.
Article 3
This Decision is addressed to:
1. Eurocheque International sc,
Avenue Louise 327, Boîte 1,
B-1050 Bruxelles;
2. Agrupacion Española Eurocheque,
Los Madrazo 28,
E-28014 Madrid;
3. Association for Payment Clearing Services,
Mercury House
Triton Court,
14 Finsbury Square,
UK-London EC21 1BR;
4. Associazione Bancaria Italiana,
Piazza del Gesù,
I-00186 Roma;
5. Bundesverband Deutscher Banken eV,
Mohrenstrasse 35/41,
Postfach 100246,
D-5000 Koeln 1;
6. Communauté Luxembourgeoise Eurocheque,
Boulevard F. D. Roosevelt 14,
L-2450 Luxembourg;
7. Comunidade Portuguesa Eurocheque,
Rua de S. Nicolau 71-5o-dto,
P-1100 Lisboa; 8. Eurocheque Belgium,
Avenue Louise 327, Boîte 6,
B-1050 Bruxelles;
9. Groupement des cartes bancaires,
29 rue de Lisbonne,
F-75008 Paris;
10. Irish Banks' Standing Committee,
Nassau House,
Nassau Street,
IRL-Dublin 2;
11. Pengeinstitutternes Betalingssystemer A/S,
Postboks 500,
Lautrupbjerg 10,
DK-2750 Ballerup;
12. Stichting Bevordering
Chequeverkeer,
Postbus 9120,
NL-1006 CB Amsterdam;
13. Agrupacio Andorrana Eurocheque,
Boîte Postale 60,
Correus Francesos,
AND-Andorra la Vella;
14. Association Suisse des Banquiers,
Aeschenplatz 7,
CH-Bâle;
15. Den Norske Bankforening,
Dronning Maudsgt. 15,
N-0116 Oslo 1;
16. Bank of Cyprus (Holdings) Ltd,
4 Diagoras Street,
Nicosia,
(Cyprus);
17. The Association of Yugoslav Banks,
Masarikova 5/IX,
Yu-11000 Beograd;
18. The Finnish Bankers' Association,
Annankatu 32 A,
SF-00100 Helsinki;
19. Svenska Bankfoereningen,
Box 7603,
S-103 94 Stockholm;
20. Verband Osterreichischer Banken und Bankiers,
Boersegasse 11,
Postfach 132,
A-1013 Wien.
Done at Brussels, 19 December 1988. | [
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*****
COMMISSION DECISION
of 5 July 1982
establishing that the apparatus described as 'GWR - Superconducting Gravimeter, model TT 40, with accessories' may be imported free of Common Customs Tariff duties
(82/478/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 30 November 1981, the Federal Republic of Germany has requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as 'GWR - Superconducting Gravimeter, model TT 40, with accessories', ordered 15 October 1979 and to be used for the determination of periodic and aperiodic changes in the earth's gravitational field, with high precision, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Community;
Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 14 May 1982 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 gravimeter; whereas its objective technical characteristics such as the sensibility and the use to which it is put make it specially suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for scientific activities; whereas it must therefore be considered to be a scientific apparatus;
Whereas, on the basis of information received from Member States, apparatus of equivalent scientific value capable of use for the same purpose is not currently manufactured in the Community; whereas, therefore, duty-free admission of this apparatus is justified,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as 'GWR - Superconducting Gravimeter, model TT 40, with accessories', which is the subject of an application by the Federal Republic of Germany of 30 November 1981, may be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 5 July 1982. | [
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COMMISSION REGULATION (EC) No 1115/94 of 16 May 1994 providing for the grant of compensation to producers' organizations in respect of tuna delivered to the canning industry during the period 1 April to 30 June 1993
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 Council Regulation (EEC) No 1891/93 (2), and in particular Article 18 (8) thereof,
Whereas the compensating allowance referred to in Article 18 of Regulation (EEC) No 3759/92 is granted, under certain conditions, to Community tuna producers' organizations in respect of quantities, of tuna delivered to the canning industry during a calendar quarter for which prices are recorded, where the average quarterly price on the Community market and the free-at-frontier price plus any applicable countervailing charge are both lower than 93 % of the Community producer price for the product in question;
Whereas examination of the situation on the Community market has shown that for all species of the product in question, during the period 1 April to 30 June 1993, both the average quarterly market price and the free-at-frontier price referred to in
Article 18
of Regulation (EEC) No 3759/92 were lower than 93 % of the Community producer price applicable as laid down in Commission Regulation (EEC) No 351/93 adjusting for the 1993 fishing year the Community producer prices for tuna delivered to the industrial production falling within CN code 1604 (3);
Whereas the quantities eligible for the allowance, within the meaning of Article 18 (2) of Regulation (EEC) No 3759/92, may not under any circumstances exceed, for the quarter concerned, the limits laid down in paragraph 4 of that Article;
Whereas the quantities sold and delivered during the quarter concerned to the canning industry established in the customs territory of the Community were higher overall than 62,8 % of the quantities of tuna used by the industry during that quarter and, in the case of albacore, higher than those sold and delivered during the same quarter of the last three fishing years and, in the case of Yellowfin tuna (the two presentations, i.e. weighing less than and more than 10 kg), higher than 110 % of those sold and delivered during the same quarter of the 1984, 1985 and 1986 fishing years; whereas these quantities exceed the limits laid down in the first indent of Article 18 (4) of Regulation (EEC) No 3759/92 for skipjack and bigeye tuna, in the second indent for albacore tuna and in the third indent for Yellowfin tuna (the two presentations); whereas the total quantities of these products that may be eligible for the allowance should be limited and the quantities allocated to the producers' organization concerned should be determined in proportion to their respective production during the same quarter of the 1984, 1985 and 1986 fishing years;
Whereas a decision to grant the compensating allowarice for the period 1 April to 30 June 1993 should be adopted therefore for the products in question;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,
HAS ADOPTED THIS REGULATION:
Article 1
The compensating allowance referred to in Article 18 of Regulation (EEC) No 3759/92 shall be granted for the period 1 April to 30 June 1993 in respect of the products listed below.
"(Ecu/tonne) Yellow tuna, larger than 10 kg Yellow tuna, smaller than 10 kg Skipjack tuna Bigeye tuna Albacore tuna
Article 2
1. For each of the species the total quantities that may be eligible for the allowance are hereby limited as follows:
"(tonnes) Yellow tuna, larger than 10 kg 27 Yellow tuna, smaller than 10 kg 2 Skipjack tuna 10 Bigeye tuna 2 Albacore tuna
2. The allocation of the total quantities amongst the producer' organizations concerned is specified in the Annex hereto.
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 Brussels, 16 May 1994. | [
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Commission Regulation (EC) No 2266/2002
of 19 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 20 December 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2002. | [
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COMMISSION REGULATION (EU) No 1258/2009
of 18 December 2009
laying down rules for the management and distribution of textile quotas established for the year 2010 under Council Regulation (EC) No 517/94
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Community import rules (1), and in particular Article 17(3) and (6) and Article 21(2) thereof,
Whereas:
(1)
Regulation (EC) No 517/94 established quantitative restrictions on imports of certain textile products originating in certain third countries to be allocated on a first come, first served basis.
(2)
Under that Regulation it is possible, in certain circumstances, to use other allocation methods, to divide quotas into tranches, or to reserve a proportion of a specific quantitative limit exclusively for applications which are supported by evidence of the results of past import performance.
(3)
Rules for management of the quotas established for 2010 should be adopted before the quota year begins so that the continuity of trade flows is not affected unduly.
(4)
The measures adopted in previous years, such as those in Commission Regulation (EC) No 1164/2008 of 24 November 2008 laying down rules for the management and distribution of textile quotas established for the year 2009 under Council Regulation (EC) No 517/94 (2), proved to be satisfactory and it is therefore appropriate to adopt similar rules for 2010.
(5)
In order to satisfy the greatest possible number of operators it is appropriate to make the ‘first come, first served’ allocation method more flexible by placing a ceiling on the quantities which can be allocated to each operator by that method.
(6)
To guarantee a degree of continuity in trade and efficient quota administration, operators should be allowed to make their initial import authorisation application for 2010 equivalent to the quantity which they imported in 2009.
(7)
To achieve optimum use of the quantities, an operator who has used up at least one half of the amount already authorised should be permitted to apply for a further amount, provided that quantities are available in the quotas.
(8)
For the sake of sound administration, import authorisations should be valid for nine months from the date of issue but only until the end of the year at the latest. Member States should issue licences only after being notified by the Commission that quantities are available and only if an operator can prove the existence of a contract and can certify, in the absence of a specific provision to the contrary, that he has not already been allocated a Community import authorisation under this Regulation for the categories and countries concerned. The competent national authorities should, however, be authorised, in response to importers’ applications, to extend by three months and up to 31 March 2011 licences of which at least one half has been used by the application date.
(9)
The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee established by Article 25 of Regulation (EC) No 517/94,
HAS ADOPTED THIS REGULATION:
Article 1
The purpose of this Regulation is to lay down rules on the management of quantitative quotas for imports of certain textile products set out in Annex IV to Regulation (EC) No 517/94 for the year 2010.
Article 2
The quotas referred to in Article 1 shall be allocated according to the chronological order of receipt by the Commission of Member States’ notifications of applications from individual operators, for amounts not exceeding the maximum quantities per operator set out in Annex I.
The maximum quantities shall not, however, apply to operators able to prove to the competent national authorities, when making their first application for 2010, that, in respect of given categories and given third countries, they imported more than the maximum quantities specified for each category pursuant to import licences granted to them for 2009.
In the case of such operators, the competent authorities may authorise imports not exceeding the quantities imported in 2009 from given third countries and in given categories, provided that enough quota capacity is available.
Article 3
Any importer who has already used up 50 percent or more of the amount allocated to him under this Regulation may make a further application, in respect of the same category and country of origin, for amounts not exceeding the maximum quantities laid down in Annex I.
Article 4
1. The competent national authorities listed in Annex II may, from 10 a.m. on 7 January 2010, notify the Commission of the amounts covered by requests for import authorisations.
The time fixed in the first subparagraph shall be understood as Brussels time.
2. The competent national authorities shall issue authorisations only after being notified by the Commission pursuant to Article 17(2) of Regulation (EC) No 517/94 that quantities are available for importation.
They shall issue authorisations only if an operator:
(a)
proves the existence of a contract relating to the provision of the goods; and
(b)
certifies in writing that, in respect of the categories and countries concerned:
(i)
he has not already been allocated an authorisation under this Regulation;
(ii)
he has been allocated an authorisation under this Regulation but has used up at least 50 percent of it.
3. Import authorisations shall be valid for nine months from the date of issue, but until 31 December 2010 at the latest.
The competent national authorities may, however, at the importer’s request, grant a three-month extension for authorisations which are at least 50 percent used up at the time of the request. Such extension shall in no circumstances expire later than 31 March 2011.
Article 5
This Regulation shall enter into force on 1 January 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION DECISION
of 10 July 2009
amending Decision 2008/456/EC laying down rules for the implementation of Decision No 574/2007/EC of the European Parliament and of the Council establishing the External Borders Fund for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ as regards Member States' management and control systems, the rules for administrative and financial management and the eligibility of expenditure on projects co-financed by the Fund
(notified under document number C(2009) 5373)
(Only the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic)
(2009/538/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Decision No 574/2007/EC of the European Parliament and of the Council establishing the External Borders Fund for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (1), in particular Articles 25 and 37(4) thereof,
Whereas:
(1)
In the light of the experiences following the launch of the Fund, it is appropriate to extend the eligibility period of the annual programmes in order to enable Member States to implement the Fund in an effective way and to adapt the time schedule for the submission of the final report on the implementation of the annual programme.
(2)
It is also appropriate to adapt the procedure for the submission of revised annual programmes by Member States.
(3)
In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark has implemented Decision No 574/2007/EC in its national law and is therefore bound by this Decision.
(4)
This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (2). and the subsequent Council Decision 2004/926/EC of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland (3) The United Kingdom is therefore not bound by it or subject to its application.
(5)
This Decision constitutes a development of the provisions of the Schengen acquis (4) in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (5) of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis. Ireland is therefore not bound by it or subject to its application.
(6)
As regards Iceland and Norway, Decision No 574/2007/EC constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (6), which fall within the areas referred to in Article 1, points A and B of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (7).
(7)
As regards Switzerland, Decision No 574/2007/EC constitutes a development of the provisions of the Schengen aquis within the meaning of the Agreement signed by the European Union, the European Community and the Swiss Confederation on the latter’s association with the implementation, application and development of the Schengen acquis which fall within the areas referred to in Article 4(1) of the Council Decision on the signing, on behalf of the European Community, and on the provisional application of certain provisions of this Agreement.
(8)
The measures provided for in this Decision are in accordance with the opinion of the common Committee ‘Solidarity and Management of Migration Flows’,
HAS ADOPTED THIS DECISION:
Article 1
Commission Decision 2008/456/EC (8) is amended as follows:
1.
Article 23(1) is replaced by the following:
‘1. In order to revise the annual programme approved by the Commission pursuant to Article 23(4) of the basic act, the Member State concerned shall submit a revised draft annual programme to the Commission at the latest three months before the end of the eligibility period. The Commission shall examine and, as soon as possible, approve the revised programme in accordance with the procedure laid down in Article 23(4) of the basic act.’;
2.
in point 4.1 of Annex V, Part A, the words ‘List of all pending recoveries at 30 June of the year N + 2 (N = year of this annual programme)’ are replaced by the words ‘List of all pending recoveries six months after the eligibility deadline for expenditure’.;
3.
in Annex XI, point I.4.1 is replaced by the following:
‘1.
Costs relating to a project must be incurred and the respective payments (except for depreciation) made after 1 January of the year referred to in the financing decision approving the annual programmes of the Member States. The eligibility period is until 30 June of the year N (9) + 2, meaning that the costs relating to a project must be incurred before this date.
4.
in Annex XI, point V.3 is replaced by the following:
‘3.
Activities linked to technical assistance must be performed and the corresponding payments made after 1 January of the year referred to in the financing decision approving the annual programmes of the Member States. The eligibility period lasts at the latest until the deadline for the submission of the final report on the implementation of the annual programme.’
Article 2
This Decision shall apply to all annual programmes for which the payment of the balance has not been made at the date of its adoption.
Article 3
This Decision is addressed to the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden.
Done at Brussels, 10 July 2009. | [
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COMMISSION REGULATION (EEC) No 2025/93 of 26 July 1993 fixing the reference prices applicable to wine sector products for 1993/94
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 1566/93 (2), and in particular Article 53 (6) thereof,
Whereas Article 53 (1) of Regulation (EEC) No 822/87 provides that a reference price for red wine and a reference price for white wine must be fixed annually; whereas those reference prices must be fixed on the basis of the guide price for the types of red and white table wine most representative of Community production plus the costs incurred in bringing Community wines to the same marketing stage as imported wines;
Whereas the types of table wine most representative of Community production are types R I and A I as defined in Annex III to Regulation (EEC) No 822/87; whereas the guide prices for those types of wine were fixed in Council Regulation (EEC) No 1569/93 (3), at the same levels as those adopted for the previous marketing year;
Whereas the third subparagraph of Article 53 (1) of Regulation (EEC) No 822/87 provides that reference prices are also to be fixed for grape juice (including grape must) Falling within CN codes 2009 60 and 2204 30 91, for concentrated grape juice (including grape must) covered by CN codes 2009 60, 2204 30 91 and 2204 30 99 for fresh grape must with fermentation arrested by the addition of alcohol within the meaning of Additional Note 4 (a) of Chapter 22 of the combined nomenclature, for wine fortified for distillation within the meaning of Additional Note 4 (b) of Chapter 22 of the combined nomenclature and for liqueur wine within the meaning of Additional Note 4 (c) of Chapter 22 of the combined nomenclature;
Whereas, since special reference prices are to be fixed for products in accordance with their special characteristics or uses, such prices should be fixed for wines of the Riesling or Sylvaner variety and for liqueur wines to be used in the preparation of products other than those Falling within CN code 2204; whereas, lastly, standard amounts corresponding to the normal costs of market preparation must be established for addition to the reference prices for the various products in cases where they are put up either in containers of not more than two litres or in containers of more than two but not more than 20 litres;
Whereas the reference prices for liqueur wines, which are fixed per hectolitre, must be established having regard to the price levels ruling in the Community for the product in question; whereas a total dry extract exceeding the limits considered normal is a characteristic feature of certain liqueur wines Falling within CN codes 2204 21 35, 2204 21 39, 2204 29 35 and 2204 29 39; whereas, pursuant to the rules in Additional Note 3 (b) to Chapter 22 of the combined nomenclature, the said liqueur wines are not classified in the category corresponding to their alcoholic strength but in the next higher category and are therefore subject to a higher reference price than that fixed for the category which corresponds to their alcoholic strength; whereas, moreover, the mechanism referred to above does not apply to certain competing liqueur wines Falling within CN codes 2204 21 and 2204 29; whereas, in view of the quantity of imports of such wines, reference prices should be fixed for them so as to ensure equality of treatment between the various liqueur wines;
Whereas the fifth subparagraph of Article 53 (1) of Regulation (EEC) No 822/87 makes provision for the reference price to be adjusted for the non-European parts of the Community; whereas the market situation is such that an adjustment is necessary only for the French overseas department of Réunion;
Whereas the costs incurred in bringing Community wines to the same marketing stage as imported wines, to be established as specified in Article 4 of Council Regulation (EEC) No 344/79 (4), may be assessed at a standard rate;
Whereas the reference prices should be fixed in accordance with the criteria laid down in Regulation (EEC) No 344/79; whereas, having regard to the aims of the Community's wine-growing policy and the contribution which the Community intends to make to the harmonious development of world trade, the reference prices for the 1993/94 marketing year and the standard amount should be fixed at the same levels as those adopted for the previous marketing year;
Whereas Article 9 of Council Regulation (EEC) No 3813/92 (5) provides for the reduction of the prices fixed in ecus at the beginning of the marketing year following a monetary realignment; whereas to implement that reduction, the reducing coefficient provided for in Commission Regulation (EEC) No 537/93 (6), as last amended by Regulation (EEC) No 1331/93 (7), shall be applied;
Whereas 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
For the 1993/94 wine year, the reference prices shall be as follows:
A. Products Falling within CN codes 2204 21 and 2204 29:
1. red and rosé wine:
ECU 4,31 per % vol actual alcoholic strength per hectolitre;
2. white wine other than that specified in point 3 below:
ECU 4,31 per % vol actual alcoholic strength per hectolitre;
3. white wine put up for import under the name Riesling or Sylvaner:
ECU 87,61 per hectolitre;
4. wine fortified for distillation within the meaning of Additional Note 4 (b) to Chapter 22 of the combined nomenclature:
ECU 2,56 per % vol actual alcoholic strength per hectolitre;
5. fresh grape must with fermentation arrested by the addition of alcohol within the meaning of Additional Note 4 (a) of Chapter 22 of the combined nomenclature:
ECU 2,74 per % vol total alcoholic strength per hectolitre;
6. liqueur wine within the meaning of Additional Note 4 (c) of Chapter 22 of the combined nomenclature Falling within the following CN codes:
(a) ex 2204 21 35, ex 2204 21 39, ex 2204 29 35 and ex 2204 29 39: ECU 59,22 per hectolitre;
(b) ex 22 04 21 41, ex 2204 21 49, ex 2204 29 41 and ex 2204 29 49:
(aa) 15 % vol with more than 130 grams but not more than 330 grams of total dry extract per litre: ECU 68,11 per hectolitre,
(bb) other: ECU 74,23 per hectolitre;
(c) ex 2204 21 51, ex 2204 21 59, ex 2204 29 51 and ex 2204 29 59: ECU 90,81 per hectolitre;
(d) ex 2204 21 90 and ex 2204 29 90: ECU 98,02 per hectolitre;
7. liqueur wine within the meaning of Additional Note 4 (c) to Chapter 22 of the combined nomenclature intended for processing into products other than those Falling within CN code 2204:
(a) ex 2204 21 35, ex 2204 21 39, ex 2204 29 35 and ex 2204 29 39: ECU 59,82 per hectolitre;
(b) ex 2204 21 41, ex 2204 21 49, ex 2204 29 41 and ex 2204 29 49: ECU 63,96 per hectolitre;
(c) ex 2204 21 51, ex 2204 21 59, ex 2204 29 51 and ex 2204 29 59: ECU 77,39 per hectolitre;
(d) ex 2204 21 90, ex 2204 29 90: ECU 85,58 per hectolitre.
B. The reference prices for the products referred to under A.1 and A.2 shall be increased by ECU 1 per % vol actual alcoholic strength per hectolitre where the wine is imported into the French overseas department of Réunion.
C. Products Falling within CN codes 2009 60, 2204 30 91 and 2204 30 99 grape juice (including grape must), concentrated or not:
(a) white: ECU 3,93 per % vol potential alcoholic strength per hectolitre;
(b) other: ECU 3,93 per % vol potential alcoholic strength per hectolitre.
D. The standard amount per hectolitre to be added in the case of the products specified in A.1, A.2, A.3 and A.6 shall be:
- ECU 41,75 per hectolitre where they are put in containers of a content not exceeding two litres,
- ECU 20,88 per hectolitre where they are put up in containers of a content of more than two litres but not more than 20 litres.
Article 2
This Regulation shall enter into force on 1 September 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 1993. | [
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COUNCIL REGULATION (EC) No 2474/95 of 23 October 1995 amending Regulation (EC) No 1015/94 imposing a definitive anti-dumping duty on imports of television camera systems originating in Japan
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against dumped imports from countries not members of the European Community (1), and in particular Article 23 thereof,
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 (2), and in particular Article 14 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PREVIOUS PROCEDURE
(1) The Council, by Regulation (EC) No 1015/94 (3), imposed a definitive anti-dumping duty on imports of television camera systems originating in Japan.
(2) The Council specifically excluded from the scope of the anti-dumping duty the professional cameras listed in the Annex to that Regulation (hereinafter referred to as 'the Annex`), representing high-end professional cameras technically falling within the product definition under Article 1 (2) of Regulation (EC) No 1015/94 but which cannot be regarded as broadcast cameras.
B. REVIEW PROCEDURE
(3) Subsequently, several exporters made it known to the Commission that they intended to introduce new models of professional cameras into the Community market, which in their view should be added to the list of camera models in the Annex exempted from the anti-dumping duty.
(4) The Japanese producer, Ikegami, announced the introduction into the Community market of a broadcast camera (HK-466/P) which is furnished with four sensors, charge-coupled devices (CCDs), instead of three CCDs, as described in the product definition for broadcast cameras under Article 1 (2) of Regulation (EC) No 1015/94. The complainant Community producers (hereinafter 'the Community industry`) requested the inclusion of this camera within the scope of the anti-dumping duty since they claimed that it was a like product, and provided technical specifications.
(5) The Commission commenced a review of Regulation (EC) No 1015/94 in June 1994, limited to determining whether the new products fall within the scope of the present proceeding.
C. RESULTS OF THE REVIEW
(a) Successor or new models (6) The Commission informed all parties concerned of the possibility of applying for inclusion in the Annex of new or successor models.
(7) The following companies made applications in respect of the new and the successor models listed below and supplied the relevant technical information.
Successor models (i) Hitachi - camera head HV-C20 and submodel HV-C20M,
- camera head Z-ONE-D and submodels (A), (B) and (C),
- camera control units RU-Z2, RC-Z1, RC-Z11, RC-Z2, RC-Z21,
- camera adaptors CA-Z1, CA-Z2, CA-Z1SJ, CA-Z1SP, CA-Z1M, CA-Z1M2, CA-Z1HB, CA-C10, CA-C10SP, CA-C10SJA, CA-C10M, CA-C10B,
- view finder GM-50 (A).
(ii) Ikegami - camera head HC-390,
- viewfinder VF 15-39,
- camera adaptor CA-390.
(iii) JVC - camera head KY-27CECH,
- camera control unit RM-P27OEG.
(iv) Matsushita - camera head WV-F-565HE,
- viewfinder WV-VF42E,
- remote control units WV-RC550/G and WV-RC550/B.
(v) Sony - camera head family DXC-637 P in the configurations DXC-637PK, DXC-637PL, DXC-637PH, PVW-637PK and PVW-637PL,
- view finders DXF-601CE, DXF-40BCE and DXF-50BCE.
New models:
(vi) JVC - camera head KH-100U: it is intended to be used in a closed circuit system (such as lecture halls, exhibition rooms and theatres). It can only be used in the Japanese high definition standard (Hi-Vision) and cannot be employed under the current European broadcast standard (PAL or Secam).
(8) The Commission provided the Community industry concerned with the technical details of all of the models listed above and asked them to give their comments regarding the classification as professional cameras.
The Community industry confirmed that all of the models mentioned under recital 7 were either successors to professional camera models which were already excluded from the application of the duty or new models of professional cameras.
(9) The Commission carried out a technical examination, which for the successor models included a physical comparison with the predecessor models. On the basis of this technical examination and in the light of the comments made by the interested parties concerned, it is concluded that all models listed in recital 7 are either professional cameras and related equipment which replace or update models previously listed in the Annex, or new models of professional cameras. It follows that they should be exempt from the application of the anti-dumping duty and that the Annex should be amended accordingly.
(b) The four-CCD camera (10) The Commission asked Ikegami to supply information on its new four-CCD camera and to comment on the request of the Community industry. Ikegami provided technical details and explanations regarding the four-CCD camera. On this basis, all interested parties concerned were invited to make their comments.
Ikegami's position (11) From the formal point of view, Ikegami argued that the four-CCD camera was not covered by the anti-dumping proceeding, since no complaint had been lodged in regard to it and it had not submitted to investigation at that time. Regulation (EC) No 1015/94 concerns only camera heads with three sensors. Ikegami further argued that a review could not alter the scope of the proceedings, which was defined in the notice of initiation and in the provisional and definitive duty regulations.
(12) As far as the technical aspects are concerned, Ikegami claimed that the four-CCD camera is not a like product comparable to three-CCD cameras, since a completely new technology was employed. Two of the CCDs are intended to pick up the light for the colour green. Ikegami submitted a memorandum showing that scientific research on the use of two CCDs for the green channel had already started in 1991 and claimed it to be a technical development which had been envisaged before the imposition of the anti-dumping duty and which was therefore not related to the application of the imposed anti-dumping duty.
Ikegami pointed out that the four-CCD system offers a number of advantages over three-CCD cameras:
- a higher resolution of the whole image,
- a better modulation-depth,
- a higher dynamic range,
- less aliasing,
- the reduction of chromatic aberration of the lenses.
(13) From the market perspective, Ikegami claimed that four-CCD cameras formed a separate market segment, being the only products optimized for 16: 9 Pal-Plus production, and that, with the introduction of the new HK-466/P, a new market segment would be created. In conclusion, Ikegami took the view that this product could not cause injury to the three-CCD Community industry.
Comments from other exporters (14) Only one exporter commented stating that the new four-CCD cameras did not show any substantial change as compared with the three-CCD cameras and that except for the four-CCD camera head containing certain new parts, all the other components were identical; the exporter was of the view that this product could therefore be regarded as equivalent to the three-CCD systems.
Comments from the Community industry (15) As regards the technical aspects, the Community industry stated that the addition of one CCD did not have any significant impact on the nature of the product as a broadcast camera. They affirmed that the double CCD in halfpixel offset is only an intermediate solution, merely representing a way of temporarily overcoming technological problems. The four CCD technology may represent an improvement in the performance of Ikegami's cameras, but not in the whole market. The existence of a different approach known as the dynamic pixel management (DPM) technology was mentioned as a way of obtaining the same results in terms of vertical/horizontal resolutions.
(16) From a market perspective, the Community industry asserted that the four-CCD will not create any separate market segment, as it would target the same users as the three-CCD cameras currently do. They conclude that the four-CCD camera is not a new product, nor is it creating a new market segment. Consequently, it should fall within the scope of Regulation (EC) No 1015/94.
Conclusion (17) From a formal point of view, the product definition given under Article 1 (2) of Regulation (EC) No 1015/94 referred to three-CCD cameras solely in order to differentiate the products covered by the proceeding from single-CCD cameras (camcorders), which are excluded. However, four-CCD cameras fall within the single category of product concerned and would have been expressly mentioned in the description of the product subject to the investigation, had they been known then to exist. Thus it is not a question of extension of the scope of the proceeding but merely a clarification of the product definition.
(18) From a technical point of view, the four-CCD camera is a like product. Ikegami's new four-CCD camera offers an equivalent performance, compared to the three-CCD camera system, since the addition of one CCD does not bring any substantial change to the technology employed in three-CCD cameras. It can be concluded that the four-CCD camera is only one possible technical solution to be regarded as an 'internal` evolution which has been developed by one competitor in order to face growing competition and technical complexity in the camera market.
(19) From a market perspective, the four-CCD camera does not target a separate new market segment, being a broadcast product which will be potentially bought by the same users which are currently using three-CCD broadcast cameras.
(20) For the reasons stated above, four-CCD cameras should be subject to the anti-dumping duty imposed. Therefore Regulation (EC) No 1015/94 should be amended accordingly.
(21) Since the scope of the review has been limited to the issue of the classification of new products, the conclusion of this review should not affect the determination of the expiry date of Regulation (EC) No 1015/94 pursuant to Article 15 (1) of Regulation (EEC) No 2423/88,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1015/94 is hereby amended as follows:
1. in point (a) of Article 1 (2), 'three sensors` shall be replaced by 'three or more sensors`;
2. the Annex shall be replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
However, Article 1 (2) shall apply with effect from 1 May 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 23 October 1995. | [
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COUNCIL REGULATION (EEC) No 1566/83 of 14 June 1983 amending Regulation (EEC) No 1418/76 on the common organization of the market in rice
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas Regulation (EEC) No 1418/76 (3), as last amended by the 1979 Act of Accession, does not contain the provisions necessary to ensure provision of detailed knowledge of production and availabilities ; whereas such knowledge is essential to the proper management of the market in rice ; whereas the said Regulation must therefore be supplemented by providing for harvest and stock declarations to be made annually at the start of the marketing year by growers and rice mills.
HAS ADOPTED THIS REGULATION:
Article 1
The following Article is hereby inserted in Regulation (EEC) No 1418/76:
"Article 25a
1. Each year rice growers shall make harvest and stock declarations to the competent authorities of the Member States. Such declarations shall distinguish between round-grained and long-grained rice and shall identify: - the stocks of rice from the previous harvest,
- the quantities of rice from the new harvest,
- where appropriate, the varietal groups.
2. Each year rice mills shall make declarations concerning the stocks of rice they hold to the competent authorities of the Member States. Such declarations shall distinguish between round-grained and long-grained rice and shall identify the different processing stages (paddy, husked, milled). Products imported from third countries shall be mentioned separately.
3. The information supplied pursuant to paragraphs 1 and 2 shall be made known to the Commission.
4. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 27."
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 from 1 September 1983.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 14 June 1983. | [
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*****
COMMISSION REGULATION (EEC) No 3519/86
of 18 November 1986
amending Regulation (EEC) No 1065/86 determining the mountain areas in which the premium for goatmeat producers is granted
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1837/80 of 27 June 1980 on the common organization of the market in sheepmeat and goatmeat (1), as last amended by Regulation (EEC) No 882/86 (2), and in particular Article 5 (1) thereof,
Whereas the second indent of the first subparagraph of paragraph 5 (1) of Regulation (EEC) No 1837/80 provides for the grant of a premium in order to offset, to the extent necessary, the income lost by goatmeat producers in mountain areas within the meaning of Article 3 (3) of Council Directive 75/268/EEC (3), other than the areas specified in Annex III to Regulation (EEC) No 1837/80, provided that it is established that the production of those areas meats the two criteria set out in the second indent of the first subparagraph of Article 5 (1) of Regulation (EEC) No 1837/80;
Whereas Commission Regulation (EEC) No 1065/86 (4) determined the said mountain areas as regards the Member States of the Community as constituted at 31 December 1985; whereas, as regards Spain and Portugal, the mountain areas within the meaning of Article 3 (3) of Directive 75/268/EEC having been fixed by Council Directives 86/466/EEC (5) and 86/467/EEC (6), the areas of the said Member States in which the premium for goatmeat producers may be granted should be determinded; whereas it has been established that the criteria laid down in the second indent of the first subparagraph of Article 5 (1) of Regulation (EEC) No 1837/80 have been satisfied in the case of all these mountain areas within the meaning of Article 3 (3) of Directive 75/268/EEC in Spain and Portugal;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sheep and Goats,
HAS ADOPTED THIS REGULATION:
Article 1
The following points 3 and 4 are hereby added to Article 1 of Regulation (EEC) No 1065/86:
1.2 // '3. Spain: // All the mountain areas within the meaning of Article 3 (3) of Directive 75/268/EEC other than the areas referred to in Annex III to Regulation (EEC) No 1837/80. // 4. Portugal: // All the mountain areas within the meaning of Article 3 (3) of Directive 75/268/EEC other than the areas referred to in Annex III to Regulation (EEC) No 1837/80.'
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 the marketing year which begins in 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 November 1986. | [
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COMMISSION REGULATION (EC) No 37/2005
of 12 January 2005
on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption (1), and in particular Article 11 thereof,
Whereas:
(1)
Commission Directive 92/1/EEC of 13 January 1992 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption (2) provides requirements in order to ensure that temperatures required by Directive 89/108/EEC are fully maintained.
(2)
When Commission Directive 92/1/EEC was adopted, no European standard for instruments for monitoring temperatures in means of transport, warehousing and storage of quick-frozen foodstuffs had been established.
(3)
The European Committee for Standardisation established standards regarding the instruments for recording air temperatures and thermometers in 1999 and 2001. The use of those uniform standards would ensure that the equipment used for monitoring temperatures of foodstuffs complies with a harmonised set of technical requirements.
(4)
In order to facilitate a gradual application of those measures by operators, the use of measuring instruments installed according to legislation in force before the adoption of this Regulation should be allowed during a transitional period.
(5)
Commission Directive 92/1/EEC provides for a derogation as regards transport of quick-frozen foodstuffs by rail. This derogation is no longer justified and should be terminated after a transitional period.
(6)
The imposition of temperature-recording requirements on small equipment used in retail trade would be excessive and therefore the existing derogations for retail display cabinets and small cold chambers used in retail outlets for storing stocks should be maintained.
(7)
It is advisable to ensure the direct applicability of the new standards for measuring equipment and of the technical rules already contained in Directive 92/1/EEC. In the interest of consistency and uniformity of Community legislation it is appropriate to repeal Directive 92/1/EEC and replace it by this Regulation.
(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
Subject matter and scope
This Regulation concerns the monitoring of the temperature in the means of transport, warehousing and storage used for quick-frozen foodstuffs.
Article 2
Monitoring and recording of the temperature
1. The means of transport, warehousing and storage of quick-frozen foodstuffs shall be fitted with suitable recording instruments to monitor, at frequent and regular intervals, the air temperature to which the quick-frozen foodstuffs are subjected.
2. From 1 January 2006, all measuring instruments used for the purpose of monitoring the temperature, as provided for in paragraph 1, shall comply with EN 12830, EN 13485 and EN 13486 standards. Food operators shall keep all relevant documents permitting verification that the instruments referred to above conform to the relevant EN standard.
However, measuring instruments installed up to 31 December 2005, according to legislation in force before the adoption of this Regulation, may continue to be used until 31 December 2009 at the latest.
3. Temperature recording shall be dated and stored by the food operator for a period of at least one year, or for a longer period taking into account the nature and the shelf life of the quick-frozen foodstuffs.
Article 3
Derogations from Article 2
1. By way of derogation from Article 2, the air temperature during storage in retail display cabinets, and in the course of local distribution, shall only be measured by at least one easily visible thermometer.
In the case of open retail cabinets:
(a)
the maximum load line of the cabinet shall be clearly marked;
(b)
the thermometer shall indicate the temperature at the air return side at the level of that mark.
2. The competent authority may grant derogations from the requirement laid down in Article 2 in the case of cold store facilities of less than 10 m3 for storing stock in retail outlets, so as to permit the air temperature to be measured by an easily visible thermometer.
Article 4
Repeal
Commission Directive 92/1/EEC is repealed.
Article 5
Entry into force and applicability
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
However, for transport by rail it shall apply from 1 January 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 January 2005. | [
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COMMISSION DECISION of 28 November 1997 approving the programme for the eradication of rabies for 1998 presented by Luxembourg and fixing the level of the Community's financial contribution (Only the French text is authentic) (98/38/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EC (2), and in particular Article 24 thereof,
Whereas Decision 90/424/EEC provides for the possibility of financial participation by the Community in the eradication and surveillance of rabies;
Whereas, by letter, Luxembourg has submitted a programme for the eradication of rabies;
Whereas it is now desirable to introduce full-scale eradication measures in infected Member States and adjacent third countries in order to prohibit the re-entry of rabies;
Whereas after examination of the programme it was found to comply with all Community criteria relating to the eradication of the disease in conformity with Council Decision 90/638/EEC of 27 November 1990 laying down Community criteria for the eradication and monitoring of certain animal diseases (3), as amended by Directive 92/65/EEC (4);
Whereas this programme appears on the priority list of programmes for 1998 for the eradication and surveillance of animal diseases which can benefit from financial participation from the Community and which was established by Commission Decision 97/681/EC (5);
Whereas in the light of the importance of the programme for the achievement of Community objectives in the field of animal health, it is appropriate to fix the financial participation of the Community at 50 % of the costs incurred by Luxembourg up to a maximum of ECU 70 000;
Whereas a financial contribution from the Community shall be granted in so far as the actions provided for are carried out and provided that the authorities furnish all the necessary information within the time limits provided for;
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 programme for the eradication of rabies presented by Luxembourg is hereby approved for the period from 1 January to 31 December 1998.
Article 2
Luxembourg shall bring into force by 1 January 1998 the laws, regulations and administrative provisions for implementing the programme referred to in Article 1.
Article 3
1. Financial participation by the Community shall be at the rate of 50 % of the costs of implementing the programme by Luxembourg up to a maximum of ECU 70 000.
2. The financial contribution of the Community shall be granted subject to:
- forwarding a report to the Commission every three months on the progress of the programme and the costs incurred,
- forwarding a final report on the technical execution of the programme accompanied by justifying evidence as to the costs incurred by 1 June 1999 at the latest,
- and provided that Community veterinary legislation has been respected.
Article 4
This Decision is addressed to the Grand Duchy of Luxembourg.
Done at Brussels, 28 November 1997. | [
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COUNCIL REGULATION (EC) No 3312/94 of 22 December 1994 amending Regulation (EEC) No 3951/92 on the arrangements for imports of certain textile products originating in Taiwan
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) No 3951/92 of 29 December 1992 on the arrangements for imports of certain textile products originating in Taiwan (1) established quantitative limits on the import of certain textile products originating in Taiwan;
Whereas, according to Article 2 of the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the Union is founded, hereinafter referred to as the Act of Accession, Regulation (EEC) No 3951/92 and, in particular, the limits set out in Annex II to that Regulation shall be applicable in the acceding countries, subject to their accession and on the date of entry into force of the Act of Accession relative to these acceding countries; whereas, in conformity with Article 30 and Article 169 of the Act of Accession, and Annex II thereto, the Community innitiations should none the less proceed with the necessary adaptation of Community legislation;
Whereas it is therefore appropriate to adjust the quantitative limits contained in Regulation (EEC) No 3951/92 to take into account the probable accession of Austria, Finland and Sweden, and to use for this purpose, in order to take into account the existing trade flows, the total level of imports of the products concerned in each of the acceding countries during 1993, the last year for which complete statistical data are available, as a basis for adjustment;
Whereas, therefore, subject to the accession of Austria, Finland and Sweden and from the date of entry into force to the Act of Accession, the quantitative limits for 1995 set out in Annex II to Regulation (EEC) No 3951/92 should be replaced by the quantitatives limits indicated in Annex I to this Regulation, which represent an increase equivalent to the actual quantities imported into the acceding countries in 1993, including an appropriate growth rate;
Whereas, following the entry into force of the Treaty on European Union and the change of name from 'European Economic Community' to 'European Community', it is also appropriate to reflect this change in the model export certificate contained in Annex III to Regulation (EEC) No 3951/92,
HAS ADOPTED THIS REGULATION:
Article 1
The Community quantitative limits set out in Annex II to Regulation (EEC) No 3951/92, for the year 1995, shall be replaced by the quantitative limits, for the enlarged Community, set out in Annex I to this Regulation.
Article 2
Annex III to Regulation (EEC) No 3951/92 shall be replaced by the Annex set out in Annex II to this Regulation.
The Taiwan Textile Federation shall be authorized, during a transitional period that will end on 30 June 1995, to continue issuing the model of the certificate in use in 1994.
Article 3
This Regulation shall enter into force on 1 January 1995 subject to the entry into force, on that date, of the Treaty concerning the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL DECISION of 23 January 1995 appointing the members and alternate members of the Committee of the Regions (95/15/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,
Having regard to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded, and in particular Articles 24 and 160 thereof as they result from the Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union, and in particular Articles 15 and 34 thereof,
Having regard to the Council Decision of 26 January 1994 appointing the members of the Committee of the Regions (1),
Having regard to the proposals of the Austrian, Finnish and Swedish Governments,
Whereas following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, a further 33 members and 33 alternate members, representing regional and local bodies in the new Member States, should be appointed to the Committee of the Regions;
Whereas the Committee must consist of representatives of regional and local bodies,
HAS DECIDED AS FOLLOWS:
Sole Article
The following are hereby appointed to the Committee of the Regions for the period 23 January 1995 to 25 January 1998:
- as members, the persons listed by Member State in Annex I hereto,
- as alternate members, the persons listed by Member State in Annex II hereto.
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COMMISSION REGULATION (EC) No 1369/98 of 29 June 1998 amending Regulation (EEC) No 904/90 laying down detailed rules for the application of the arrangements applicable to imports of certain pigmeat products originating in the African, Caribbean and Pacific States (ACP) or in the overseas countries and territories (OCT), in order to implement the Agricultural Agreement concluded during the Uruguay Round of negotiations
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agriculture sector in order to implement agreements concluded during the Uruguay Round of multilateral trade negotiations (1), as last amended by Regulation (EC) No 1340/98 (2), and in particular Article 3(1) thereof,
Whereas, in order to take account of existing import arrangements in the pigmeat sector and those resulting from the Agricultural Agreement concluded during the Uruguay Round of multilateral trade negotiations, transitional measures are needed to adjust the preferential concessions in the form of exemption from the import duty for certain pigmeat products from the ACP States;
Whereas Commission Regulation (EEC) No 904/90 (3), as last amended by Regulation (EEC) No 1207/97 (4), lays down detailed rules for the application of preferential conditions in the form of a reduction in the import levy for pigmeat quotas; whereas, since the levies are being replaced by customs duties from 1 July 1995, transitional adjustments to these rules have been made;
Whereas the period for the adoption of transitional measures was extended until 30 June 1999 by Regulation (EC) No 3290/94; whereas the adjustments should be extended over the period concerned;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
In Regulation (EEC) No 904/90 the word 'levy` is replaced by the words 'customs duty` each time that it appears.
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 from 1 July 1998 to 30 June 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EC) No 2309/97 of 17 November 1997 amending Regulation (EEC) No 1765/92 establishing a support system for producers of certain arable crops
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas Regulation (EEC) No 1765/92 (3) provides for the grant to producers of durum wheat in traditional production zones of a supplement to the compensatory payment referred to in Title I of that Regulation, in order to offset the extra loss of income to the producers in question, by comparison with producers of other cereals arising from the fixing of a single price for all cereals; whereas the special supplement is restricted to areas down to durum wheat in the traditional zones;
Whereas the process of determining the number of hectares eligible for the supplement to the compensatory payment granted to individual durum wheat producers in traditional production zones has made it necessary to establish a national register of such producers; whereas the introduction of such a register makes it difficult to adjust the structure of durum wheat production to the market situation; whereas the special scheme for durum wheat production aid should therefore be modified;
Whereas a means should be found to ensure that the adjustment produces a durum wheat production level which is sufficient to supply user industries while keeping budgetary expenditure in check; whereas that objective can be achieved by introducing, for each Member State concerned, a maximum area of durum wheat eligible for the supplement covering all the zones eligible for the supplement to the compensatory payment, as referred to in Annexes II and III to Regulation (EEC) No 1765/92; whereas that maximum area should be fixed on the basis of the largest area which received the supplement to the compensatory payment since its introduction, in order to correspond best to production in the Member States concerned; whereas, in the case of Spain, a maximum guaranteed area has already been fixed at 570 000 hectares by Regulation (EC) No 3116/94 (4), i.e. at a level that corresponds best to production in that Member State, whereas, in the case of Portugal, a maximum guaranteed area has already been fixed at 35 000 hectares by Regulation (EC) No 3116/94 in order to reflect best the production potential in that Member State, in view of the existence of a special degressive aid granted to producers of common wheat by Council Regulation (EEC) No 3653/90 of 11 December 1990, introducing transitional measures governing the common organization of the market in cereals and rice in Portugal (5); whereas, in the case of Italy, in view of the size of the area concerned, account should be taken of the land traditionally down to durum wheat that was taken out of cultivation during the reference period under five-year set-aside arrangements in accordance with Council Regulation (EC) No 950/97 of 20 May 1997 on improving the efficiency of agricultural structures (6); whereas the levels of those areas should also be increased to reflect the need to ensure the regular supply of the Community meal industry, in view, in particular, of the unpredictable climatic conditions affecting the traditional production zones; whereas, in order to remain within budgetary limits, the increase in maximum guaranteed areas must be coupled with a reduction in the amount of the supplement;
Whereas any overshoot of those areas must lead to an adjustment in the applications submitted with a view to the grant of the supplement to the compensatory payment;
Whereas, moreover, in some Member States the production of durum wheat is well established in regions outside traditional zones; whereas it is desirable to safeguard a certain level of production in those regions by the grant of special aid;
Whereas Annexes II and III to Regulation (EEC) No 1765/92 should be combined in a single Annex for the sake of clarity;
Whereas it is necessary to ensure that the areas in receipt of special aid for durum wheat produce wheat which satisfies the demands of user industries; whereas this may be achieved by requiring that certified seed be used;
Whereas Regulation (EEC) No 1765/92 should be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1765/92 is hereby amended as follows:
1. In Article 4, paragraphs 3, 4 and 5 shall be replaced by the following:
'3. A supplement to the compensatory payment of ECU 344,5 per hectare shall be paid for the area down to durum wheat in the traditional production zones listed in Annex II, subject to the limits fixed in Annex III.
Should the total of the areas for which a supplement to the compensatory payment is claimed be greater than the limit referred to above during the course of a marketing year, the area per producer for which the supplement may be paid shall be reduced proportionately.
However, subject to the limits per Member State laid down in Annex III, Member States may distribute the areas indicated in that Annex among the production zones as defined in Annex II, or, if necessary, the production regions referred to in Article 3, according to the extent of the production of durum wheat during the period 1993 to 1997. Where this is done, should the total of the areas within a region for which a supplement to the compensatory payment is requested be greater than the corresponding regional limit during the course of a marketing year, the area per producer in that production region for which the supplement may be paid shall be reduced proportionately. The reduction shall be made when, within a Member State, the areas in regions which have not reached their regional limits have been distributed to regions in which those limits have been exceeded.
4. In regions where the production of durum wheat is well established, other than those referred to in Annex II, special aid amounting to ECU 138,9 per hectare shall be granted up to a limit of the number of hectares laid down in Annex IIIa.`
2. In Article 12, the fifth indent shall be replaced by the following:
'- those determining, for durum wheat, the eligibility requirements for the supplement to the compensatory payment referred to in Article 4 (3) and the eligibility requirements for the special aid referred to in Article 4 (4), and in particular determination of the regions to be taken into consideration and the measures to be taken in the event that the limit fixed for the payment of the aid is exceeded; those rules shall stipulate that the grant of the supplement provided for in Article 4 (3) and (4) be subject to the obligation to use certified seed.`
3. Annexes II and III shall be replaced by the corresponding texts in the Annex to this Regulation.
4. Annex IIIa, appearing in the Annex to this Regulation, shall be inserted.
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 from the 1999/2000 crop year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 November 1997. | [
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COMMISSION REGULATION (EC) No 464/1999 of 3 March 1999 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards aid arrangements for prunes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the market in products processed from fruit and vegetables (1), as amended by Regulation (EC) No 2199/97 (2), and in particular Articles 3(3) and 4(9) thereof,
Whereas Title I of Regulation (EC) No 2201/96 introduces a system of production aid for certain products processed from fruit and vegetables; whereas Commission Regulation (EC) No 504/97 of 19 March 1997 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the system of production aid for products processed from fruit and vegetables (3), as last amended by Regulation (EC) No 1590/98 (4), lays down general rules applicable to that system; whereas certain detailed rules should be laid down specifically for prunes, without prejudice to the other provisions of Regulation (EC) No 504/97;
Whereas fruit can be of variable quality; whereas the minimum price and the production aid should be fixed for a specified marketing class, the amounts applicable for the other classes should be derived from that class and these classes should be defined taking into account, for the amounts so derived, the characteristics of the different classes;
Whereas the aim of the minimum quality requirements referred to in Article 4(4)(b) of Regulation (EC) No 2201/96 is to avoid the production of products for which no demand exists or products which would create distortion of the market; whereas those requirements must be based on traditional, fair manufacturing procedures; whereas, to ensure compliance with these provisions, the minimum characteristics required of dried plums purchased by processors and prunes qualifying for aid should be defined;
Whereas this Regulation incorporates the provisions specific to prunes in Article 3 of Commission Regulation (EEC) No 1709/84 of 19 June 1984 on minimum prices payable to producers and amounts of production aid for certain processed fruit and vegetables eligible for production aid (5), as last amended by Regulation (EC) No 1591/98 (6), and in Commission Regulation (EEC) No 2022/85 of 22 July 1985 on minimum quality requirements for dried plums and prunes eligible for production aid (7), updating those provisions in line with legal, technical and economic developments and experience gained; whereas, therefore, Regulation (EEC) No 2022/85 and Article 3 of and Annex IV to Regulation (EC) No 1709/84 should be repealed;
Whereas when products are grown in one Member State and processed in another the authorities of the Member State where the products have been grown should provide proof of payment of the minimum price to the Member State paying the aid;
Whereas the minimum price and the aid are fixed for dried products at a specific stage in the traditional processing process; whereas care must be taken to ensure that prunes which have received aid are actually processed into products ready to be offered for human consumption; whereas, in view of the recent development of semi-dry prunes and their considerable economic potential, those products which do not undergo such drying as part of their processing should not for that reason be denied eligibility for the aid;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of this Regulation:
(a) 'prunes d'Ente` means physiologically ripe fresh plums of the prunes d'Ente variety, of the species Prunus domestica L.;
(b) 'dried plums` means products obtained by dehydration of prunes d'Ente;
(c) 'dry prunes` means prunes obtained from dried plums with a maximum moisture content of 23 %;
(d) 'semi-dry prunes` means prunes obtained by dehydrating prunes d'Ente until a moisture content of 30 to 35 % is achieved, without any rehydration process;
(e) 'lot` means a number of containers presented together by a producer or recognised producer group for acceptance by a processor.
Article 2
To qualify for payment of the aid referred to in Article 2 of Regulation (EC) No 2201/96, prunes must comply with the characteristics set out in Annex I(B) and have been obtained from dried plums complying with the characteristics set out in Annex I(A) for which the minimum price has been paid in full.
Article 3
1. The minimum price payable to producers for dried plums and the production aid for prunes shall be fixed per 100 kilograms net for products with a maximum moisture content of 23 % in the size category corresponding to 66 fruits per 500 g.
For other size categories the minimum price and the aid shall be multiplied by one of the coefficients listed in Annex II.
2. For the purpose of applying the minimum price and production aid to semi-dry prunes, the size and weight shall be taken as the equivalent size and weight of dried plums and dry prunes, multiplying the size by 1,18461 and the weight by 0,84416.
Article 4
Where processing takes place outside the Member State in which the product was grown, that Member State shall furnish proof to the Member State paying the production aid that the minimum price payable to the producer has been paid.
Article 5
1. Verification of the quality requirements for dried plums shall be carried out on the basis of samples taken by the processor from a lot, before sizing and in agreement with the producer. The samples shall be examined by both the processor and the producer and the results of the verification shall be recorded.
2. For prunes during the processing period the processor shall verify by sampling of each lot that the products meet the qualifying requirements for aid. The verification results shall be recorded. The minimum net weight of each sample examined shall be 1 kg.
Article 6
Member States shall take the necessary steps to satisfy themselves, in particular by checking stock records, that prunes which have received aid are subsequently processed into products as referred to in Article 1(2)(c) of Regulation (EC) No 504/97.
Article 7
Article 3 of and Annex IV to Regulation (EC) No 1709/84 and Regulation (EEC) No 2022/85 are hereby repealed.
Article 8
This Regulation shall apply from the 1999/2000 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 956/2001
of 16 May 2001
on surveillance measures regarding imports of certain textile products originating in the Syrian Arab Republic
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Community import rules(1), as last amended by Commission Regulation (EC) No 2878/2000(2), and in particular Article 11(1)(b), thereof,
Whereas:
(1) A surge of imports into the Community in cotton yarn (category 1) originating in Syrian Arab Republic at very low prices has taken place during the last three years. Such imports have risen from almost nil in 1996 to 10 % of Community imports in 2000.
(2) Although Community consumption has remained the same during the last three years, the surge in Syrian imports at prices lower than the general market price causes or threatens to cause serious injury to the Community producers of cotton yarn by depressing normal market prices.
(3) In order to monitor imports into the Community of cotton yarn (category 1) originating in the Syrian Arab Republic while an examination according to Article 7 of Regulation (EC) No 517/94 takes place, it is therefore appropriate to introduce for a period of 18 months a surveillance mechanism. Accordingly, the importation of products shipped from the Syrian Arab Republic and put into free circulation in the Community should enter the Community under the surveillance mechanism and the requirements regarding production of an import document, as set out in Article 14(1)(a), (2), (3) and (4) of Regulation (EC) No 517/94 should apply.
(4) In view of the urgency of the situation, it is desirable that this Regulation enter into force immediately.
(5) These measures are in conformity with the opinion expressed by the committee established by Regulation (EC) No 517/94,
HAS ADOPTED THIS REGULATION:
Article 1
Imports into the Community of cotton yarn (category 1), originating in the Syrian Arab Republic and released for free circulation into the Community, shall be subject to prior Community surveillance.
Paragraph 1 shall not apply when the products referred to therein are shipped to a Community destination before the date of entry into force of this Regulation, provided that it can be shown to the satisfaction of the competent national authorities that these goods have been en route to Community territory on the date of entry into force 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 for a period of 18 months.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 2351/96 of 10 December 1996 setting the trigger levels for additional import duties on tomatoes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Commission Regulation (EC) No 1363/95 (2), and in particular Article 24 (4) thereof,
Whereas Article 2 of Commission Regulation (EC) No 1555/96 of 30 July 1996 on rules of application for additional import duties on fruit and vegetables (3), provides for the trigger levels and periods to be fixed;
Whereas Article 5 (4) of the Agreement on Agriculture (4) lays down the criteria in accordance with which the Commission is to set the trigger levels for additional duties on certain fruit and vegetables; whereas Article 5 (6) permits trigger periods to be set on the basis of the characteristics of perishable and seasonal products;
Whereas, in application of the abovementioned criteria, the trigger levels for tomatoes should be set at the volumes and for the periods given in the Annex hereto;
Whereas the Management Committee for fresh Fruit and Vegetables has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The trigger levels for the additional import duties for tomatoes referred to in Article 2 of Regulation (EC) No 1555/96 for the 1997/98 marketing year shall be as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 1 January 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 605/2009
of 9 July 2009
fixing the maximum export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 164(2), in conjunction with Article 4, thereof,
Whereas:
(1)
Commission Regulation (EC) No 619/2008 of 27 June 2008 opening a standing invitation to tender for export refunds concerning certain milk products (2) provides for a standing invitation to tender procedure.
(2)
Pursuant to Article 6 of Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 7 July 2009.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1
For the standing invitation to tender opened by Regulation (EC) No 619/2008, for the tendering period ending on 7 July 2009, the maximum amount of refund for the product and destinations referred to in Article 1(c) and in Article 2 of that Regulation shall be EUR 25,80/100 kg.
Article 2
This Regulation shall enter into force on 10 July 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 July 2009. | [
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COMMISSION REGULATION (EC) No 1755/96 of 10 September 1996 revising the maximum amount for the B production levy and amending the minimum price for B beet in the sugar sector for the 1996/97 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (1), as last amended by Regulation (EC) No 1599/96 (2), and in particular the second and third indents of Article 28 (8) thereof,
Whereas Article 28 (3) and (4) of Regulation (EEC) No 1785/81 provides that the losses resulting from the obligation to export surpluses of Community sugar are to be covered by production levies on the production of A and B sugar, of A and B isoglucose and of inulin syrup A and B within certain limits;
Whereas Article 28 (5) of Regulation (EEC) No 1785/81 provides that, where the receipts expected from the basic production levy and the B levy, which must not exceed 2 % and 30 % respectively of the intervention price for white sugar for that marketing year, may well fail to cover the foreseeable total loss for the current marketing year, the maximum percentage of the B levy is to be adjusted to the extent necessary to cover the said total loss but without exceeding 37,5 %;
Whereas the foreseeable receipts, prior to adjustment, of the levies to be collected in respect of the 1996/97 marketing year are below the equivalent of the average loss multiplied by the exportable surplus; whereas accordingly, in the light of the data at present available, the maximum amount of the B levy for 1996/97 should be raised to 37,5 % of the intervention price for the white sugar concerned;
Whereas the second subparagraph of Article 5 (2) of Regulation (EEC) No 1785/81 provides that, subject to Article 28 of that Regulation, the minimum price for B beet is 68 % of the basic price for beet; whereas Article 28 (5) of the said Regulation provides that the revised maximum percentage for the B levy should be fixed for the current marketing year before 15 September of that marketing year, together with the corresponding adjustment of the minimum price for B beet set for the 1996/97 marketing year by way of Council Regulation (EC) No 1580/96 (3);
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. For the 1996/97 marketing year the maximum amount referred to in the first indent of Article 28 (4) of Regulation (EEC) No 1785/81 shall be increased to 37,5 % of the intervention price for white sugar for that marketing year.
2. For the 1996/97 marketing year, the minimum price for B beet referred to in the second subparagraph of Article 5 (2) of Regulation (EEC) No 1785/81 shall be 60,5 % of the basic price for beet for that marketing year.
Article 2
For the 1996/97 marketing year the minimum price for B beet shall, pursuant to Article 28 (5) of Regulation (EEC) No 1785/81, be amended to ECU 28,84 per tonne.
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.
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Commission Regulation (EC) No 1626/2001
of 9 August 2001
fixing the representative prices and the additional import duties for molasses in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in sugar(1),
Having regard to Commission Regulation (EC) No 1422/95 of 23 June 1995 laying down detailed rules of application for imports of molasses in the sugar sector and amending Regulation (EEC) No 785/68(2), and in particular Articles 1(2) and 3(1) thereof,
Whereas:
(1) Regulation (EC) No 1422/95 stipulates that the cif import price for molasses, hereinafter referred to as the "representative price", should be set in accordance with Commission Regulation (EEC) No 785/68(3). That price should be fixed for the standard quality defined in Article 1 of the above Regulation.
(2) The representative price for molasses is calculated at the frontier crossing point into the Community, in this case Amsterdam; that price must be based on the most favourable purchasing opportunities on the world market established on the basis of the quotations or prices on that market adjusted for any deviations from the standard quality. The standard quality for molasses is defined in Regulation (EEC) No 785/68.
(3) When the most favourable purchasing opportunities on the world market are being established, account must be taken of all available information on offers on the world market, on the prices recorded on important third-country markets and on sales concluded in international trade of which the Commission is aware, either directly or through the Member States. Under Article 7 of Regulation (EEC) No 785/68, the Commission may for this purpose take an average of several prices as a basis, provided that this average is representative of actual market trends.
(4) The information must be disregarded if the goods concerned are not of sound and fair marketable quality or if the price quoted in the offer relates only to a small quantity that is not representative of the market. Offer prices which can be regarded as not representative of actual market trends must also be disregarded.
(5) If information on molasses of the standard quality is to be comparable, prices must, depending on the quality of the molasses offered, be increased or reduced in the light of the results achieved by applying Article 6 of Regulation (EEC) No 785/68.
(6) A representative price may be left unchanged by way of exception for a limited period if the offer price which served as a basis for the previous calculation of the representative price is not available to the Commission and if the offer prices which are available and which appear not to be sufficiently representative of actual market trends would entail sudden and considerable changes in the representative price.
(7) Where there is a difference between the trigger price for the product in question and the representative price, additional import duties should be fixed under the conditions set out in Article 3 of Regulation (EC) No 1422/95. Should the import duties be suspended pursuant to Article 5 of Regulation (EC) No 1422/95, specific amounts for these duties should be fixed.
(8) Application of these provisions will have the effect of fixing the representative prices and the additional import duties for the products in question as set out in the Annex to this Regulation.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and the additional duties applying to imports of the products referred to in Article 1 of Regulation (EC) No 1422/95 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 10 August 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 1069/2006
of 13 July 2006
fixing the export refunds on milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 31(3) thereof,
Whereas:
(1)
Article 31(1) of Regulation (EC) No 1255/1999 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 on the Community market may be covered by an export refund.
(2)
Given the present situation on the market in milk and milk products, export refunds should therefore be fixed in accordance with the rules and certain criteria provided for in Article 31 of Regulation (EC) No 1255/1999.
(3)
The second subparagraph of Article 31(3) of Regulation (EC) No 1255/1999 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination.
(4)
In accordance with the Memorandum of Understanding between the European Community and the Dominican Republic on import protection for milk powder in the Dominican Republic (2) approved by Council Decision 98/486/EC (3), a certain amount of Community milk products exported to the Dominican Republic can benefit from reduced customs duties. For this reason, export refunds granted to products exported under this scheme should be reduced by a certain percentage.
(5)
The negotiations within the framework of the Europe Agreements between the European Community and Romania and Bulgaria aim in particular to liberalise trade in products covered by the common organisation of the market concerned. For these two countries export refunds should therefore be abolished.
(6)
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
Export refunds as provided for in Article 31 of Regulation (EC) No 1255/1999 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the conditions provided for in Article 1(4) of Commission Regulation (EC) No 174/1999 (4).
Article 2
This Regilation shall enter into force on 14 July 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 July 2006. | [
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COUNCIL REGULATION (EC) No 73/2008
of 20 December 2007
setting up the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines
(Text with EEA relevance)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 171 and 172 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the European Economic and Social Committee (1),
Whereas:
(1)
Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (2) (hereinafter referred to as the Seventh Framework Programme) provides for a Community contribution for the establishment of long-term public private partnerships in the form of Joint Technology Initiatives which could be implemented through Joint Undertakings within the meaning of Article 171 of the Treaty. These Joint Technology Initiatives result from the work of European Technology Platforms, already set up under the Sixth Framework Programme, and cover selected aspects of research in their field. They should combine private sector investment and European public funding, including funding from the Seventh Framework Programme.
(2)
Council Decision/2006/971/EC of 19 December 2006 concerning the specific programme ‘Cooperation’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (3) (hereinafter referred as the Specific Programme Cooperation) underlines the need for ambitious pan-European public private partnerships to accelerate the development of major technologies, large research actions at Community level including, in particular, Joint Technology Initiatives.
(3)
The Lisbon Growth and Jobs Agenda underscores the need to develop favourable conditions for investment in knowledge and innovation in Europe to boost competitiveness, growth and jobs in the Community.
(4)
In its conclusions of 13 March 2003, of 22 September 2003 and of 24 September 2004, the Council highlighted the importance of further developing actions following the 3 % Action Plans, including the development of new initiatives aimed at intensifying cooperation between industry and the public sector in funding research to enhance trans-national public-private links.
(5)
In its conclusions of 4 December 2006 and of 19 February 2007, the Competitiveness Council and in its conclusions of 9 March 2007 the European Council invited the Commission to present proposals for the setting up of Joint Technology Initiatives for such initiatives that have reached an appropriate stage of preparedness.
(6)
The European Federation of Pharmaceutical Industries and Associations (hereinafter referred to as EFPIA) took the lead in establishing the European Technology Platform on Innovative Medicines under the Sixth Framework Programme. It developed a Strategic Research Agenda, based on an extensive consultation with public and private stakeholders. The Strategic Research Agenda described the research bottlenecks in the drug development process and recommends the scientific direction for a Joint Technology Initiative on Innovative Medicines.
(7)
The Joint Technology Initiative on Innovative Medicines responds to the Commission Communication of 1 July 2003‘A Stronger European-based Pharmaceutical Industry for the Benefit of the Patient - A Call for Action’ and in particular to the recommendation regarding access to innovative medicines to secure the development of a competitive innovative-based industry. This Communication was a response to the Report ‘Stimulating Innovation and Improving the EU Science Base’ adopted on 7 May 2002 by the High Level Group on innovation and provision of medicines - G10 Medicines. This Joint Technology Initiative also responds to the Commission Communication of 23 January 2002‘Life Sciences and Biotechnology - a strategy for Europe (2002)’.
(8)
The Joint Technology Initiative on Innovative Medicines also replies to the need for action as identified in the Report ‘Creating an Innovative Europe’ of January 2006. This report identifies pharmaceuticals as a key strategic area and it stresses the need for the Joint Technology Initiative on Innovative Medicines at European level.
(9)
The Joint Technology Initiative on Innovative Medicines should be a public private partnership aiming at increasing investments in the biopharmaceutical sector in Europe in the Members States and countries associated within the Seventh Framework Programme. It should provide socioeconomic benefits for European citizens, contribute to the health of European citizens, increase the competitiveness of Europe and help to establish Europe as the most attractive place for biopharmaceutical research and development.
(10)
The objective of the Joint Technology Initiative on Innovative Medicines should be to foster collaboration between all stakeholders such as industry, public authorities (including regulators), organisations of patients, academia and clinical centres. The Joint Technology Initiative on Innovative Medicines should define a commonly agreed research agenda (hereinafter referred to as Research Agenda) closely following the recommendations of the Strategic Research Agenda developed by the European Technology Platform on Innovative Medicines which identified efficacy, safety, knowledge management and training as important areas.
(11)
The Joint Technology Initiative on Innovative Medicines should propose a coordinated approach to overcome identified research bottlenecks in the drug development process, and to support pre-competitive pharmaceutical research and development, in order to accelerate the development of safe and more effective medicines for patients. In the present context ‘pre-competitive pharmaceutical research and development’ should be understood as research on the tools and methodologies used in the drug development process.
(12)
The Joint Technology Initiative on Innovative Medicines should deliver new approaches, methods and technologies, improve knowledge management of research results and data, and support the training of professionals. To this end, it is necessary to set up a Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines (hereinafter referred to as the IMI Joint Undertaking) as a legal entity.
(13)
The objective of the IMI Joint Undertaking should be achieved through support of research activities by pooling resources from the public and private sectors. To this end, the IMI Joint Undertaking should be capable of organising competitive calls for proposals for supporting the research activities. Such research activities should respect fundamental ethical principles applicable in the Seventh Framework Programme.
(14)
The IMI Joint Undertaking should be set up for a period up to 31 December 2017 to ensure the appropriate management of research activities initiated but not concluded during the Seventh Framework Programme (2007 to 2013).
(15)
The IMI Joint Undertaking should be a body set up by the Community and discharge for the implementation of its budget should be given by the European Parliament, on the recommendation of the Council, in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the budget of the European Communities (hereinafter referred to as the Financial Regulation) (4) taking however into account the specificities resulting from the nature of joint technology initiatives as public-private partnerships and in particular from the private sector contribution to the budget.
(16)
Founding members of the IMI Joint Undertaking should be the Community and EFPIA.
(17)
EFPIA is a non-profit organisation representing the research based pharmaceutical industry in Europe. The aim of EFPIA is to ensure and promote the technological and economic development of the pharmaceutical industry in Europe. EFPIA is open for membership to national associations of research-based pharmaceutical companies, as well as directly to research-based pharmaceutical companies. It applies general principles of openness and transparency for membership ensuring a wide industrial involvement.
(18)
The IMI Joint Undertaking should be open to new members.
(19)
The rules for organisation and operation of the IMI Joint Undertaking should be laid down in the Statutes of the IMI Joint Undertaking as part of this Regulation.
(20)
A letter of commitment concerning the Statutes of the IMI Joint Undertaking has been signed by EFPIA and its research based pharmaceutical companies that are members of EFPIA.
(21)
The research activities should be covered by funding from the Community and at least on an equal level by resources from the research based pharmaceutical companies that are members of EFPIA. Further financing options may be available, inter alia, from the European Investment Bank, in particular through the Risk-Sharing Finance Facility developed jointly with the EIB and the Commission pursuant to Annex III to Decision/2006/971/EC.
(22)
The running costs of the IMI Joint Undertaking should be covered in equal amount by EFPIA and the Community.
(23)
To ensure an equal partnership, the research based pharmaceutical companies that are members of EFPIA activities should not be eligible to receive financial support from the IMI Joint Undertaking.
(24)
The IMI Joint Undertaking should adopt, in accordance with the Financial Regulation and subject to prior consent of the Commission, specific financial rules which take into account its specific operating needs arising, in particular, from the need to combine Community and private funding to support research and development activities in an efficient and timely manner. In order to ensure a harmonised treatment between the participants of the Joint Undertaking research activities and those of the indirect actions of the Seventh Framework Programme, it is appropriate that value added tax should not be an eligible cost for Community funding, in accordance with Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013) (5).
(25)
The need to ensure stable employment conditions and equal treatment of staff, and in order to attract specialised scientific and technical staff of the highest calibre, requires the application of the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities laid down in Regulation (EC, Euratom, ECSC) No 259/68 of the Council (6) to all staff recruited by the IMI Joint Undertaking.
(26)
As a body possessing legal personality, the IMI Joint Undertaking should be accountable for its actions. As regards the resolution of disputes in contractual matters, it should be possible that the contracts concluded by the Joint Undertaking provide that the Court of Justice of the European Communities has jurisdiction.
(27)
Appropriate measures should be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (7), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (8), and the Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations concluded by the European Anti-Fraud Office (OLAF) (9).
(28)
In order to facilitate the setting up of the IMI Joint Undertaking, the Commission should be responsible for the establishment and initial operation of the IMI Joint Undertaking until it has the operational capacity to implement its own budget.
(29)
The IMI Joint Undertaking should be established in Brussels, Belgium. A host agreement should be concluded between the IMI Joint Undertaking and Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the IMI Joint Undertaking.
(30)
Since the objective of this Regulation, namely the establishment of the IMI Joint Undertaking, cannot be sufficiently achieved by the Member States due to the trans-national nature of the great research challenge identified, which requires the pooling of complementary knowledge and financial resources across the sectors and borders and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set our in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective,
HAS ADOPTED THIS REGULATION:
Article 1
Establishment of a Joint Undertaking
1. A Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines is hereby set up for a period up to 31 December 2017 (hereinafter referred to as IMI Joint Undertaking).
2. The seat of the IMI Joint Undertaking shall be located in Brussels, Belgium.
Article 2
Objectives
The IMI Joint Undertaking shall contribute to the implementation of the Seventh Framework Programme and in particular the Theme ‘Health’ of the Specific Programme Cooperation implementing the Seventh Framework Programme. It shall have the objective of significantly improving the efficiency and effectiveness of the drug development process with the long-term aim that the pharmaceutical sector produce more effective and safer innovative medicines. In particular it shall:
(a)
support ‘pre-competitive pharmaceutical research and development’ in the Member States and countries associated with the Seventh Framework Programme via a coordinated approach to overcome the identified research bottlenecks in the drug development process;
(b)
support the implementation of the research priorities as set out by the Research Agenda of the Joint Technology Initiative on Innovative Medicines (hereinafter referred to as ‘Research Activities’), notably by awarding grants following competitive calls for proposals;
(c)
ensure complementarity with other activities of the Seventh Framework Programme;
(d)
be a public-private partnership aiming at increasing the research investment in the biopharmaceutical sector in the Members States and countries associated to the Seventh Framework Programme by pooling resources and fostering collaboration between the public and private sectors;
(e)
promote the involvement of small and medium-sized enterprises (SME) in its activities, in line with the objectives of the Seventh Framework Programme.
Article 3
Legal status
The IMI Joint Undertaking shall be a Community body and shall have legal personality. In each of the Member States of the European Community, it shall enjoy the most extensive legal capacity accorded to legal persons under the laws of those States. It may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings.
Article 4
Statutes
The Statutes of the IMI Joint Undertaking, as set out in the Annex hereto, shall constitute an integral part of this Regulation and are hereby adopted.
Article 5
Community contribution
1. The maximum Community contribution to the IMI Joint Undertaking covering running costs and Research Activities shall be EUR 1 000 million. The contribution shall be paid from the appropriation in the general budget of the European Union allocated to the ‘Health’ theme of the Specific Programme Cooperation implementing the Seventh Framework Programme according to the provisions of Article 54(2)(b) of the Financial Regulation.
2. The arrangements for the Community financial contribution shall be established by means of a general agreement and annual financial agreements to be concluded between the Commission, on behalf of the Community, and the IMI Joint Undertaking.
3. The Community contribution to the IMI Joint Undertaking for the funding of the Research Activities shall be granted following open and competitive calls for proposals.
Article 6
Financial rules
1. The IMI Joint Undertakings shall adopt specific financial rules in accordance with Article 185(1) of the Financial Regulation. They may depart from Commission Regulation (EC, Euratom) No 2343/2002 (10) on the framework Financial Regulation for the bodies referred to in Article 185 of the Financial Regulation where the specific operating needs of the IMI Joint Undertaking so require and subject to prior consent of the Commission.
2. The IMI Joint Undertaking shall have its own internal audit capability.
Article 7
Staff
1. The Staff Regulations of Officials of the European Communities, the Conditions of Employment of Other Servants of the European Communities and the rules adopted jointly by the institutions of the European Communities for the purpose of applying these Staff Regulations and Conditions of Employment shall apply to the staff of the IMI Joint undertaking and its Executive Director.
2. Without prejudice to paragraph 3 of this Article and Article 6(3) of the Statutes, the IMI Joint Undertaking shall exercise the powers conferred on the appointing authority by the Staff Regulations of Officials of the European Communities and on the authority empowered to conclude contracts by the Conditions of Employment of Other Servants of the European Communities in respect of its staff.
3. The Governing Board shall, in agreement with the Commission, adopt the necessary implementing measures referred to in Article 110 of the Staff Regulations of Officials of the European Communities, and the Conditions of Employment of Other Servants of the European Communities.
4. The staff resources shall be determined in the establishment plan of the IMI Joint Undertaking that will be set out in its annual budget.
5. The staff of the IMI Joint Undertaking shall consist of temporary agents and contract agents engaged for a fixed period that may be renewed no more than once for a fixed period. The total period of engagement shall not exceed seven years and shall not in any case exceed the lifetime of the Joint Undertaking.
6. All cost related to the staff shall be borne by the IMI Joint Undertaking.
Article 8
Privileges and immunities
The Protocol on the Privileges and Immunities of the European Communities shall apply to the IMI Joint Undertaking and its staff.
Article 9
Liability
1. The contractual liability of the IMI Joint Undertaking shall be governed by the relevant contractual provisions and by the law applicable to the agreement or contract in question.
2. In the case of non-contractual liability, the IMI Joint Undertaking shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its staff in the performance of their duties.
3. Any payment by the IMI Joint Undertaking in respect of the liability referred to in paragraphs 1 and 2 and the costs and expenses incurred in connection therewith shall be considered as expenditure of the IMI Joint Undertaking and shall be covered by the resources of the IMI Joint Undertaking.
4. The IMI Joint Undertaking shall be solely responsible for meeting its obligations.
Article 10
Jurisdiction of the Court of Justice and applicable law
1. The Court of Justice shall have jurisdiction:
(a)
in any dispute between the Members which relates to the subject matter of this Regulation and/or the Statutes referred to in Article 4;
(b)
pursuant to any arbitration clause contained in agreements and contracts concluded by the IMI Joint Undertaking;
(c)
in actions brought against the IMI Joint Undertaking, including decisions of its bodies, under the conditions provided for in Articles 230 and 232 of the Treaty;
(d)
in disputes related to compensation for damage caused by the staff of the IMI Joint Undertaking in the performance of their duties.
2. For any matter not covered by this Regulation or by other acts of Community law, the law of the State where the seat of the IMI Joint Undertaking is located shall apply.
Article 11
Report, evaluation and discharge
1. The Commission shall present to the European Parliament and to the Council an annual report on the progress achieved by the IMI Joint Undertaking. This report shall contain details of implementation including number of proposals submitted, number of proposals selected for funding, type of participants, including SMEs, and country statistics.
2. By 31 December 2010, as well as by 31 December 2013, the Commission shall carry out interim evaluations of the IMI Joint Undertaking with the assistance of independent experts on the basis of terms of reference established after consultation of the IMI Joint Undertaking. These evaluations shall cover the quality and efficiency of the IMI Joint Undertaking and progress towards the objectives set. The Commission shall communicate the conclusions thereof, accompanied by its observations and, where appropriate, proposals to amend this Regulation, including the possible early termination of the IMI Joint Undertaking, to the European Parliament and the Council.
3. Not later than six months after the end of the Joint Undertaking, the Commission shall conduct a final evaluation of the IMI Joint Undertaking with the assistance of independent experts. The results of the final evaluation shall be presented to the European Parliament and to the Council.
4. Discharge for the implementation of the budget of the IMI Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure provided for by the financial rules of the IMI Joint Undertaking referred to in Article 6.
Article 12
Protection of the financial interests of the Members and anti-fraud measures
1. The IMI Joint Undertaking shall ensure that the financial interests of its Members are adequately protected by carrying out or by allowing the carrying out of appropriate internal and external controls.
2. In case of irregularities committed by the IMI Joint Undertaking or its staff, the Members shall reserve the right to recover amount unduly spent or to reduce or suspend any subsequent contribution to the IMI Joint Undertaking.
3. For the purposes of combating fraud, corruption and other illegal acts, Regulation (EC) No 1073/1999 shall apply.
4. The IMI Joint Undertaking shall carry out on-the-spot checks and financial audits among the participants of the Research Activities funded by the IMI Joint Undertaking.
5. The Commission and/or the Court of Auditors may, if necessary, carry out on-the-spot checks among the recipients of the IMI Joint Undertaking's funding and the agents responsible for allocating it. To that end, the IMI Joint Undertaking shall ensure that grant agreements and contracts provide for the right of the Commission and/or the Court of Auditors to carry out the appropriate controls and, in the event of the detection of irregularities, to impose dissuasive and proportionate penalties.
6. The European Anti-Fraud Office (OLAF) established by Commission Decision 1999/352/EC, ECSC, Euratom (11) shall enjoy the same powers in respect of the IMI Joint Undertaking and its staff as it enjoys in respect of Commission departments. As soon as the IMI Joint Undertaking is established, it shall accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council and the Commission of the European Communities concerning internal investigations by the European Anti-fraud Office (OLAF) (12). The IMI Joint Undertaking shall adopt the necessary measures needed to facilitate internal investigations conducted by OLAF.
Article 13
Confidentiality
Without prejudice to Article 14, the IMI Joint Undertaking shall ensure the protection of sensitive information, the disclosure of which could damage the interests of its Members or of participants in the activities of the IMI Joint Undertaking.
Article 14
Transparency
1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding access to European Parliament, Council and Commission documents (13) shall apply to documents held by the IMI Joint Undertaking.
2. The IMI Joint Undertaking shall adopt the practical arrangements for implementing Regulation (EC) No 1049/2001 by 7 August 2008.
3. Decisions taken by the IMI Joint Undertaking pursuant to Article 8 of Regulation (EC) No 1049/2001 may form the subject of a complaint to the Ombudsman or of an action before the Court of Justice, under the conditions laid down in Articles 195 and 230 of the Treaty respectively.
Article 15
Intellectual property
The IMI Joint Undertaking shall adopt distinct rules governing the protection, use and dissemination of research results based on the principles of Regulation (EC) 1906/2006 as set out in Article 22 of the Statutes which ensure that, where appropriate, intellectual property generated in Research Activities under this Regulation is protected, and that research results are used and disseminated.
Article 16
Preparatory actions
1. The Commission shall be responsible for the establishment and initial operation of the IMI Joint Undertaking until the IMI Joint Undertaking has the operational capacity to implement its own budget. It shall carry out, in accordance with Community law, all necessary actions in collaboration with other Founding Members and the involvement of the Governing Board.
2. For that purpose, until such time as the Executive Director takes up his/her duties following his/her appointment by the Governing Board in accordance with Article 6(3) of the Statutes, the Commission may assign a limited number of its officials, including one to fulfil the functions of the Executive Director, on an interim basis.
3. The interim Executive Director may authorise all payments covered by the credits provided in the budget of the IMI Joint Undertaking once approved by the Governing Board and may conclude contracts, including staff contracts following the adoption of the IMI Joint Undertaking establishment plan. The Commission authorising officer may authorise all payments covered by the credits provided in the general budget of the IMI Joint Undertaking.
Article 17
Support from the host State
A host agreement shall be concluded between the IMI Joint Undertaking and Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the IMI Joint Undertaking.
Article 18
Entry into force
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.
Done at Brussels, 20 December 2007. | [
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COMMISSION REGULATION (EC) No 2572/95 of 31 October 1995 amending Regulation (EC) No 1477/95 laying down certain transitional measures for the implementation of the Uruguay Round Agreement on Agriculture as regards olive oil
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (1), and in particular Article 3 (1) thereof,
Whereas Article 1 of Commission Regulation (EC) No 1477/95 (2) provides that a reduced rate of duty applies to imports of olive oil during the period 1 July to 31 October 1995; whereas the market situation which justified the adoption of that transitional measure remains unchanged; whereas, therefore, a reduced rate of duty should be maintained for those products with effect from the new marketing year; whereas, pursuant to Article 3 (2) of Regulation (EC) No 3290/94, the measure may not apply after 30 June 1996;
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
Article 1 of Regulation (EC) No 1477/95 is replaced by the following:
'Article 1
Notwithstanding Article 2a of Regulation No 136/66/EEC, the rates of duty applicable during the period 1 November 1995 to 30 June 1996 to imports of the products referred to in the Annex shall be as set out therein.`
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 from 1 November 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 October 1995. | [
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COUNCIL REGULATION (EC) No 1533/95 of 29 June 1995 fixing, for the 1995/96 marketing year certain sugar prices and the standard quality of beet
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the market in the sugar sector (1), and in particular Article 2 (3), 3 (4) and 4 (3) thereof,
Having regard to the proposal from the Commission (2),
Having regard to the opinion of the European Parliament (3),
Having regard to the opinion of the Economic and Social Committee (4),
Whereas, when sugar prices are fixed, account should be taken of the objectives of the common agricultural policy; whereas the objectives of the common agricultural policy are in particular to ensure a fair standard of living for the agricultural community, to assure the availability of supplies and ensure that they reach consumers at reasonable prices;
Whereas, in order to attain these objectives, the target price for sugar must be fixed at a level which, taking into account in particular the resultant level of the intervention price, ensures a fair remuneration for beet and sugar cane producers while at the same time respecting consumers' interests, and which is likely to maintain the balance between the prices of the principal agricultural products;
Whereas, as a result of the characteristics of the sugar market, the risks involved in this trade are relatively slight; whereas, consequently, when the intervention price for sugar is being fixed, the difference between the target price and the intervention price may be fixed at a relatively low level;
Whereas the basic price for beet must take account of the intervention price, undertakings' revenue from the sale of molasses which can be assessed as being ECU 7,61 per 100 kilograms, this amount being derived from the price of molasses mentioned in Article 14 (2) of Regulation (EEC) No 1785/81 and which can be assessed as being ECU 8,21 per 100 kilograms, as well as the costs of processing and delivering the beet to factories and be based on an estimated Community yield of 130 kilograms of white sugar per tonne of beet with a 16 % sugar content.
HAS ADOPTED THIS REGULATION:
Article 1
1. The target price for white sugar shall be ECU 66,50 per 100 kilograms.
2. The intervention price for white sugar shall be ECU 63,19 per 100 kilograms for the non-deficit areas of the Community.
Article 2
The basic price applicable in the Community for beet shall be ECU 47,67 per tonne delivered at the collection centre.
Article 3
Standard quality beet shall:
(a) be of sound, genuine and merchantable quality;
(b) have a sugar content of 16 % at the reception point.
Article 4
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall be applicable for the 1995/96 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION DECISION
of 3 June 2008
adopting implementing rules concerning the Data Protection Officer pursuant to Article 24(8) of Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data
(2008/597/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (1), and in particular Article 24(8) and the Annex thereof,
Whereas:
(1)
Regulation (EC) No 45/2001, hereinafter referred to as the ‘Regulation’, sets out the principles and rules applicable to all Community institutions and bodies and provides for the appointment by each Community institution and Community body of a Data Protection Officer.
(2)
Article 24(8) of the Regulation requires that further implementing rules concerning the Data Protection Officer shall be adopted by each Community institution or body in accordance with the provisions in the Annex. The implementing rules shall in particular concern the tasks, duties and powers of the Data Protection Officer.
(3)
Commission Decision C(2002) 510 (2) of 18 February 2002 creates the post of Data Protection Officer (DPO) for the Commission and charges the DPO with proposing further implementing rules following consultation with the Directorates-General according to their needs and experiences,
HAS DECIDED AS FOLLOWS:
SECTION 1
GENERAL PROVISIONS
Article 1
Definitions
For the purpose of this Decision and without prejudice to the definitions provided for by the Regulation:
-
‘Data Protection Coordinator’ (hereinafter referred to as the ‘DPC’) shall mean the staff member within a Directorate-General or Service who has been appointed by the Director-General to coordinate all aspects of the protection of personal data in the Directorate-General,
-
‘Controller’, as defined in Article 2(d) and referred to in Article 25(2)(a), shall mean the official responsible for the organisational unit that has determined the purposes and the means of the processing of personal data.
Article 2
Scope
This Decision defines the rules and procedures for implementation of the function of Data Protection Officer (hereinafter referred to as the ‘DPO’) within the Commission pursuant to Article 24(8) of the Regulation. It shall not apply to the activities of the Commission when defining policies relating to the protection of individuals with regard to the processing of personal data.
SECTION 2
THE DATA PROTECTION OFFICER
Article 3
Appointment and status
1. The Commission shall appoint the DPO (3) and register him with the European Data Protection Supervisor (hereinafter referred to as the ‘EDPS’).
2. The term of office of the DPO shall be five years, renewable once.
3. The DPO shall act in an independent manner with regard to the internal application of the provisions of the Regulation and may not receive any instructions with respect to the performance of his duties.
4. The DPO shall be selected from the staff of the Commission following the relevant procedures. In addition to the requirements of Article 24(2) of the Regulation, the DPO should have a sound knowledge of the Commission services and their structure and administrative rules and procedures. He should have a good knowledge of data protection and information systems, principles and methodologies. He must have the capacity to demonstrate sound judgement and the ability to maintain an impartial and objective stance in accordance with the Staff Regulations.
5. In accordance with the Regulation, the DPO may be dismissed from his post by the Commission, but only with the consent of the EDPS, if he no longer fulfils the conditions required for the performance of his duties. The Commission, upon a proposal from the Secretary-General in agreement with the Director-General for Personnel and Administration, shall establish that the DPO no longer fulfils the conditions required for the performance of his tasks.
6. Without prejudice to the relevant provisions of the Regulation, the DPO and his/her staff shall be subject to the rules and regulations applicable to officials of the European Communities.
Article 4
Tasks
1. Without prejudice to the tasks as described in Article 24 of the Regulation and in its Annex, the DPO shall contribute to creating a culture of protection of personal data within the Commission by raising general awareness of data protection issues while maintaining a just balance between the principles of protection of personal data and transparency.
2. The DPO shall maintain an inventory of all processing operations on personal data of the Commission into which the DPCs introduce, for their respective DG, all processing operations to be notified. The DPCs shall also identify the Controller responsible of such processing operations. The DPO shall help the Controller to assess the risk of the processing operations under his responsibility and monitor implementation of the Regulation in the Commission, in particular through a yearly Data Protection Status Report.
3. The DPO shall organise and chair the regular meetings of the network of DPCs.
4. The DPO shall make the register of processing operations, provided for in Article 26 of the Regulation, available on the internal and external websites of the Commission.
5. The DPO may make recommendations and give advice to the Commission and the Controllers on matters concerning the application of data protection provisions and may perform investigations on request, or upon his own initiative, into matters and occurrences directly relating to his tasks, and report back to the person who commissioned the investigation, in accordance with the procedure described in Article 13 hereof. If the requester is an individual, or if the requester acts on behalf of an individual, the DPO must, to the extent possible, ensure confidentiality governing the request, unless the data subject concerned gives his/her unambiguous consent for the request to be handled otherwise.
6. Processing of personal data by Staff Committees shall fall within the remit of the DPO of the Commission. For the purposes of Article 6 below, the DPO shall provide any information to the President of the Staff Committee concerned instead of the Secretary-General, where any question relating to processing operations by the Staff Committee concerned arises.
7. Without prejudice to the independence of the DPO, the Secretary-General, on behalf of the Commission, can ask him to represent the institution in all data protection issues; this may include the DPO’s participation in relevant committees and bodies at international level.
Article 5
Duties
1. In addition to the general tasks to be fulfilled, the DPO shall:
(a)
submit each year a Data Protection Status Report for the Commission to the Secretary-General and the Director-General for Personnel and Administration for discussion at the appropriate level, such as at the regular meeting of Directors-General; the report shall be made available to the Commission’s staff;
(b)
cooperate in the discharge of his functions with the DPOs of the other institutions and bodies, in particular by exchanging experience and best practices.
2. For processing operations on personal data under his responsibility the DPO shall act as controller.
Article 6
Powers
In performing his tasks and duties and without prejudice to the powers conferred by the Regulation, the DPO:
(a)
may request legal opinions from the Legal Service of the Commission;
(b)
may, in the event of conflict relating to interpretation or implementation of the Regulation, inform the competent management level and the Secretary-General before referring the matter to the EDPS;
(c)
may bring to the attention of the Secretary-General any failure of:
-
a staff member to comply with the obligations under the Regulation,
-
controllers to comply with those Commission Internal Control Standards more specifically related to the obligations under the Regulation,
and suggest that an administrative investigation be launched with a view to possible application of Article 49 of the Regulation;
(d)
may investigate matters and occurrences directly relating to his tasks, applying the appropriate principles for inquiries and audits in the Commission and the procedure described in Article 13 of this Decision;
(e)
shall have access at all times to the data forming the subject matter of processing operations on personal data and to all offices, data-processing installations and data carriers.
Article 7
Resources
The Commission shall provide the DPO with the necessary resources to carry out his duties.
SECTION 3
RULES AND PROCEDURES
Article 8
Information
1. The DPO shall be informed immediately by the lead service whenever an issue, which has data-protection implications, is under consideration in the Commission’s services, and at the latest prior to taking any decision.
2. When the Commission consults and informs the EDPS under the relevant Articles of the Regulation, and in particular pursuant to Article 28(1) and 28(2), the DPO shall be informed. He shall also be informed on direct interactions between the Controllers of the Commission and the EDPS pursuant to the relevant Articles of the Regulation.
3. The DPO shall be informed by the lead service or by the Legal Service, as appropriate, about opinions and position papers of the Legal Service directly relating to internal application of the provisions of the Regulation, as well as about opinions concerning the interpretation or implementation of other legal acts related to the protection of personal data and the processing thereof more particularly related to Inter-Service Consultation, and related to access to information.
Article 9
Controllers
1. Without prejudice to the provisions of the Regulation concerning their obligations, Controllers shall:
(a)
prepare without delay notifications to the DPO for all existing processing operations which have not yet been notified;
(b)
where appropriate, consult the DPO on the conformity of processing operations, in particular in the event of doubt as to conformity;
(c)
cooperate with the DPC to establish the inventory of existing processing operations on personal data of the Directorate-General.
2. The Controller may delegate certain parts of his tasks to other persons acting as a Delegated Controller under his authority and responsibility.
Article 10
Processors
Processors within the Commission, required to process personal data on behalf of Controllers, shall act only on the Controllers’ instructions documented in a written agreement and process such personal data in strict compliance with the Regulation, and any other applicable legislation on data protection. A written agreement between organisational units of the Commission shall be considered equivalent to a legally binding act within the meaning of Article 23(2) of the Regulation.
Formal contracts shall be concluded with external processors; such contracts shall contain the specific requirements mentioned in Article 23(2) of the Regulation.
Article 11
Notifications
Controllers shall use the online notification system of the Commission, accessible through the website of the DPO on the Commission’s Intranet, to submit their notifications to the DPO.
For simple processing operations on non-sensitive personal data, the system shall offer a simplified notification.
Article 12
Register
The electronic register of processing operations of the Commission mentioned in Article 4(4) hereof shall be accessible through the website of the DPO on the Intranet of the Commission for all staff of Community institutions and bodies and on the Europa website for any person having access to the Internet. Extracts of the register can be requested by any person not having access to the Internet in writing to the DPO, who shall reply within 10 working days.
Article 13
Investigation procedure
1. The requests for an investigation mentioned in Article 4(5) hereof shall be addressed to the DPO in writing. Within 15 days upon receipt, the DPO shall send an acknowledgement of receipt to the person who commissioned the investigation, and verify whether the request is to be treated as confidential. In the event of obvious misuse of the right to request an investigation, the DPO shall not be obliged to report back to the requester.
2. The DPO shall request a written statement on the matter from the Controller who is responsible for the data-processing operation in question. The Controller shall provide his/her response to the DPO within 15 working days. The DPO may wish to receive complementary information from him and/or other parties within 15 days. If appropriate he/she may request an opinion on the issue from the Legal Service. The DPO shall be provided with the opinion within 30 working days.
3. The DPO shall report back to the person who commissioned the investigation no later than three months following its receipt. This period may be suspended until the DPO has obtained any further information that he or she may have requested.
4. No one shall suffer prejudice on account of a matter brought to the attention of the DPO alleging a breach of the provisions of the Regulation.
Article 14
Data Protection Coordinators
1. A DPC shall be appointed in each Directorate-General or Service by the Director-General or the Head of Service. Based on a written agreement, several Directorates-General, Services or Offices may, for reasons of coherence or efficiency, decide to appoint a common DPC or share the services of an already appointed DPC.
2. The function of DPC can be combined with other functions as appropriate. To acquire the necessary competences for the functions, he must undergo the compulsory training for DPCs within six months of his appointment.
3. The term of office of the DPC shall not be limited. He should be chosen, at the appropriate hierarchical level, on the basis of his high professional ethics, his knowledge and experience of the functioning of his Directorate-General and his motivation for the function. He should have an understanding of information systems principles.
4. Without prejudice to the responsibilities of the DPO, the DPC shall:
(a)
establish an inventory of processing operations in the Directorate-General, keep it up to date, and help to define an appropriate risk level for each of the processing operations; he shall use the online Inventory Management System for DPCs put in place for those purposes by the DPO on his website on the Commission’s Intranet;
(b)
assist the Director-General or Head of Service to identify the respective Controllers;
(c)
have the right to obtain from the Controllers necessary and adequate information. This shall not include the right to access personal data processed under the responsibility of the Controller.
5. Without prejudice to the responsibilities of the Controller, the DPC shall:
(a)
assist the Controllers in complying with their legal obligations;
(b)
help the Controllers to establish notifications;
(c)
input the simplified notifications into the online notification system of the DPO.
6. The DPC shall participate in the regular meetings of the DPCs’ network, chaired by the DPO, to ensure coherent implementation and interpretation of the Regulation in the Commission and to discuss subjects of common interest.
7. In the execution of his tasks the DPC can ask the DPO for a recommendation, advice or an opinion.
Article 15
Administration and management
1. The DPO shall be administratively attached to the Secretariat-General and his activities shall be integrated into the activity-based budgeting and management process under Activity 7 of the Secretariat-General: Relations with Civil Society, Openness and Information. In this context the DPO shall participate in preparing the Annual Management Plan and the Draft Preliminary Budget of the Secretariat-General.
2. The DPO shall be the reporting officer for the staff of his Secretariat and the Assistant Data Protection Officer. The Deputy Secretary-General shall be the countersigning officer.
3. The DPO shall participate in the management coordination of the Secretariat-General as appropriate.
SECTION 4
FINAL PROVISIONS
Article 16
Entry into force
This Decision enters into force on 3 June 2008.
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COMMISSION DECISION of 19 July 1993 on a procedure for the application of the second paragraph of Article 53 of the EAEC Treaty (Only the Portuguese text is authentic)
(93/428/Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 53 thereof,
Having regard to the letter of 21 December 1990 from the Empresa Nacional de Urânio SA, a company constituted under Portuguese law, to the Commission,
Whereas:
I. THE FACTS (1) The Empresa Nacional de Urânio SA, a company constituted under Portuguese law, hereinafter referred to as ENU, is a mining company which produces natural uranium concentrates in Portugal and which is encountering serious difficulties following the non-renewal of a long-term contract which covers practically three-quarters of its productions.
(2) The ENU approached the Euratom Supply Agency requesting it to resolve the problem of the disposal of the Portuguese output and to exercise its right of option pursuant to Article 57 of the EAEC Treaty on its output. The Agency tried unsuccessfully to find users prepared to take supplies from the ENU.
By letter of 8 December 1989, the Member States of the Commission responsible for energy and the Euratom Supply Agency indicated that the Agency's supply policy should in his view include a 'special course of action' to enable the Portuguese problem to be resolved. The Agency has continued to try to find buyers for the production among Community users but always without success, as the prices asked by the ENU are not competitive in market terms.
(3) On 21 December 1990 the ENU formally requested that the Commission, pursuant to the second paragraph of Article 53 and Article 148 of the EAEC Treaty, direct the Agency to restore the machinery established by Chapter VI of the Treaty, to undertake an investigation into the provision of supplies to users from outside the Community, to discuss compensation to the ENU and to require the Agency to adopt a 'special course of action':
'(a) to order the Agency pursuant to Article 53 of the Treaty . . . to restore the proper functioning of the machinery established by the Treaty under Chapter VI, requiring compliance with the provisions concerning the common supply policy, etc.;
(b) that the Commission immediately undertake an investigation and thereafter take action accordingly - to determine how it was possibile that, without any check by it under Article 66 of the Treaty, the Community users freely obtain supplies of uranium on foreign markets, despite the availability at a reasonable price of the entire output of the ENU . . . and that the Commission, either directly or through the Agency, warn the offending undertakings that it will take action against them if they effect further imports whilst the ENU output remains on sale;
(c) that the Commission discuss . . . with the ENU the amount of the fair compensation which must be paid to the ENU for the damage caused to it by the unlawful failure on the part of the Commission and the Supply Agency to exercise their Community powers;
(d) to require compliance with the Commission's decision, which was not complied with by the Supply Agency, and to direct that the Agency urgently adopt a "special course of action" so as to achieve an immediate resolution of the problem regarding the disposal of the ENU's uranium and to support it in that regard;
(e) that the Commission therefore direct the Agency to implement the Decision which it addressed to it, by finding a satisfactory solution to the problem of the ENU, without prejudice to the application of the provisions of the Treaty, in a manner which will make it possible to lessen the effects of any future difficulties.'
(4) By written application addressed to the Registrar on 3 April 1991 (1), the ENU brought proceedings pursuant to Article 148 of the EAEC Treaty for failure to act (Case C-107/91), claiming that the Court should declare:
'that the Commission has failed to take and address to it the Decision which it had requested of it pursuant to Article 53 of the EAEC Treaty.'
(5) In its judgment of 16 February 1993 (2) the Court found that:
'The Commission has failed, contrary to the second paragraph of Article 53 of the EAEC Treaty, to give a decision in respect of the request submitted to it by the applicant under that provision.'
II. LEGAL ASSESSMENT (6) Pursuant to Article 149 of the EAEC Treaty, the Commission is required to take the necessary measures to comply with the judgment of the Court.
(a) Point (a) of the ENU's application
(7) The machinery established by Chapter VI of the EAEC Treaty, such as the European Supply Agency's right of option and its exclusive right to conclude supply contracts, has never been repealed. The procedure provided for in the rules of the Euratom Supply Agency of 5 May 1960 determining the manner in which demand is to be balanced against the supply of ores, source materials and special fissile materials (3), as amended by the Regulation of the Euratom Supply Agency of 15 July 1975 (4), adopted under the sixth paragraph of Article 60 of the EAEC Treaty, provides a mechanism for balancing supply and demand. These rules take account of the prevailing conditions of supply and provide for the Agency to exercise its rights to conclude contracts and its right of option by signing contracts negotiated directly between users and producers.
It is therefore necessary to state in reply to point (a) of the ENU's application that the proper functioning of the machinery established by Chapter VI of the EAEC Treaty is ensured by the abovementioned rules of the Euratom Supply Agency.
(b) Point (b) of the ENU's application
(8) Article 5a of the rules of the Euratom Supply Agency of 5 May 1960 authorizes Community users to negotiate with the producers of their choice, both within the Community and outside, without the EAEC Treaty or the abovementioned rules laying down a 'Community preference'.
(9) Article 66 of the EAEC Treaty does not apply in the present case. It covers only crisis situations in which the Agency is not in a position to supply users except at excessively high prices, with the consequence that users may, under certain conditions, be granted the right to obtain supplies from outside the Community without any intervention whatsoever for the Agency.
It should be noted that the ENU's tenders were at prices which were too high to be competitive and that no Community user accepted them.
(10) No action should therefore be taken against Community users who obtain supplies from outside the Community and submit their contracts to the Agency for signature for the purpose of their conclusion.
(c) Point (c) of the ENU's application
(11) A claim for damages is the subject of an action for compensation which was brought before the Court by a written application to the Registrar on 20 October 1992 (Case C-380/92) (5), pursuant to the second paragraph of Article 188 and Article 151 of the EAEC Treaty and which is pending.
(d) Points (d) and (e) of the ENU's application
(12) Points (d) and (e) of the ENU's application both concern the 'special course of action' for the disposal of the Portuguese production and should be dealt with jointly.
The 'special course of action' which, according to the letter of 8 December 1989 from the Member of the Commission responsible for the Supply Agency, should be included in the common supply policy for nuclear fuels should form part of the framework of the EAEC Treaty and the applicable rules. As stated above, the applicable rules authorize Community users to negotiate with the producers of their choice. Neither the EAEC Treaty nor the secondary legislation provide for 'Community preference', and the Agency is therefore not required to order Community users to obtain supplies from Community producers before they can conclude supply contracts with non-Community suppliers.
Against this background, the 'special course of action' can only consist of serious and sustained efforts on the part of the Supply Agency to encourage Community users to obtain supplies from the ENU. The Agency has undeniably been doing this since 1987,
HAS ADOPTED THIS DECISION:
Article 1
The requests submitted by the Empresa Nacional de Urânio in its letter of 21 December 1990 are rejected.
Article 2
This Decision is addressed to:
Empresa Nacional de Urânio SA, a company constituted under Portuguese law,
Urgeiriça, Concelho de Nelas,
P-3525 Canas de Senhorim
Portugal.
Done at Brussels, 19 July 1993. | [
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Council Decision 2003/484/CFSP
of 27 June 2003
implementing Common Position 2003/280/CFSP in support of the effective implementation of the mandate of the International Criminal Tribunal of the former Yugoslavia (ICTY)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Common Position 2003/280/CFSP of 16 April 2003 in support of the effective implementation of the mandate of the ICTY(1), and in particular Article 2 thereof, in conjunction with Article 23(2) of the Treaty on European Union,
Whereas:
(1) By Common Position 2003/280/CFSP the Council adopted measures to prevent the entry into, or transit through, the territories of Member States of individuals who are engaged in activities which help persons at large continue to evade justice for crimes for which the ICTY has indicted them.
(2) Following recommendations from the office of the High Representative for Bosnia and Herzegovina, further individuals should be targeted by those measures,
HAS DECIDED AS FOLLOWS:
Article 1
The list of persons set out in the Annex to Common Position 2003/280/CFSP is hereby replaced by the list set out in the Annex to this Decision.
Article 2
This Decision shall take effect on the date of its adoption.
Article 3
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 27 June 2003. | [
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*****
COMMISSION REGULATION (EEC) No 2426/85
of 28 August 1985
amending Regulation (EEC) No 2365/84 laying down detailed rules for the application of the special measures for peas, field beans and sweet lupins
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1431/82 of 18 May 1982 laying down special measures for peas, field beans and sweet lupins (1), as last amended by Regulation (EEC) No 1485/85 (2), and in particular Article 3 (7) thereof,
Whereas the arrangements for submitting the declaration of processing set out in Article 19 (3) of Commission Regulation (EEC) No 2365/84 (3), as last amended by Regulation (EEC) No 1970/85 (4), should be made clearer and more flexible; whereas an undertaking should not necessarily lose its entire entitlement to aid if it fails to submit that declaration at regular intervals;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Dried Fodder,
HAS ADOPTED THIS REGULATION:
Article 1
Article 19 (3) of Regulation (EEC) No 2365/84 is hereby replaced by the following:
'3. The undertaking shall submit at regular intervals a processing declaration concerning the quantities processed during a period the length of which shall be determined by the competent agency of the Member State in which processing has taken place, but which shall be no longer than one month. The declaration shall be submitted to the competent agency by a date which that agency shall specify but within a period that shall not in any case exceed two months.
However, if the processing of a single lot of peas, field beans or sweet lupins takes place over a number of months, the undertaking may submit the declaration referring to that lot at the latest at the end of the second month following completion of processing.
The declaration must indicate at least for each product and processing method the quantity of product processed by gross weight and also, it required, by weight adjusted according to the method set out in Annex I.
If an undertaking fails to submit a declaration by the date on which it is due, the competent agency of the Member State in which processing has taken place shall deduct 2 % of the aid to which that undertaking would otherwise be entitled for each working day by which submission of the declaration is delayed.'
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities, within the exception of the new text of the last subparagraph of Article 19 (3) of Regulation (EEC) No 2365/84, which shall, at the request of the parties concerned, also apply to cases pending.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 August 1985. | [
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COMMISSION DIRECTIVE 92/105/EEC of 3 December 1992 establishing a degree of standardization for plant passports to be used for the movement of certain plants, plant products or other objects within the Community, and establishing the detailed procedures related to the issuing of such plant passports and the conditions and detailed procedures for their replacement
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by Commission Directive 92/10/EEC (2), and in particular Article 2 (1) (f) second subparagraph, and Article 10 (4) thereof,
Whereas the application of the Community plant-health system to the Community as an area without internal frontiers will necessitate plant-health checks on potentially hazardous Community products before their movement within the Community; whereas the most appropriate place for carrying out these checks is the place of production of producers listed in an official register;
Whereas, if the result of these checks is satisfactory, instead of the phytosanitary certificate used in international trade, a plant passport adapted to the type of product must be attached to the plants, to their packaging or to the vehicle transporting them, to ensure its free movement throughout the Community or those parts thereof for which it is valid;
Whereas, in the case of plants, plant products or other objects originating outside the Community, which have successfully undergone the required plant-health checks on first introduction into the Community, a plant passport must also be attached for the same purpose;
Whereas it is necessary to provide for a standardized layout for the different types of plants or plant products;
Whereas, however, during an initial phase a system making use of a simplified plant passport with a degree of standardization should be used in order to make it possible for plants, plant products or other objects to be moved, as from 1 January 1993; whereas this system will be reconsidered on the basis of an assessment of the gained during the said phase;
Whereas, if one plant passport is to be replaced by another, a special mark must be defined for the replacement passport;
Whereas, with a view to ensuring that the movement of plants, plant products or other objects by Member States is properly monitored, it is necessary to establish more detailed and more uniform procedures for the issuing and replacement of plant passports;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Member States shall ensure that the conditions laid down in paragraph 2 are met when a plant passport referred to in Article 2 (1) (f), first subparagraph, of Council Directive 77/93/EEC is prepared by their responsible official bodies for use in accordance with the provisions of Articles 2 and 3 of this Directive.
2. The following conditions shall be met:
(a) the plant passport shall consist of an official label and an accompanying document containing the required information as laid down in the Annex hereto. The label shall not have previously been used and shall be of suitable material. The use of official adhesive labels shall be authorized. The 'accompanying document' shall mean any document which is normally used for trade purposes. This document shall not be necessary if the required information as laid down in the Annex is set out on the said label;
(b) the required information shall preferably be printed and shall be in at least one of the official languages of the Community;
(c) in the case of a plant passport for tubers of Solanum tuberosum L., intended for planting, it shall be the official label as specified in Council Directive 66/403/EEC (3). Compliance with the provisions governing the introduction of seed potatoes into, and their movement within, a protected zone recognized in respect of harmful organisms relating to seed potatoes, shall be noted either on the label or on any other trade document.
3. Member States shall require that when the plant passport consists of the label and the accompanying document:
(a) the part of the plant passport consisting of the label shall provide at least the particulars required under items 1 to 5 of the Annex; and
(b) the part of the plant passport consisting of the accompanying document shall provide at least the particulars required under items 1 to 10 of the Annex.
4. Any particulars other than those listed in the Annex, of relevance for labelling purposes under Council Directives 91/682/EEC (4), 92/33/EEC (5) or 92/34/EEC (6) may also be provided on the said accompanying document, but shall be clearly separated from the information specified in the Annex.
Article 2
1. Member States shall ensure that the conditions laid down in paragraph 2 are met when a plant passport is produced, printed and stored.
2. The plant passport shall be produced, printed and/or subsequently stored either by the responsible official bodies referred to in Article 1 (1) directly, or - under their control - by the producer referred to in Article 6 (4), third subparagraph, or person referred to in Article 10 (3), second indent, or importer referred to in Article 12 (6), second subparagraph of Directive 77/93/EEC.
Article 3
1. Member States shall ensure that the conditions laid down in paragraph 2 are met when a plant passport is issued and attached to plants, plant products or other objects, to their packaging or to the vehicles transporting them.
The issuing includes the preparation of the passport, in particular the filling-in of the information, and the action necessary to make the plant passport available for use by the applicant.
2. For the purpose of paragraph 1, the responsible official bodies referred to in Article 1 (1) shall, without prejudice to the requirements laid down in Directive 77/93/EEC:
(a) ensure that the producer, person or importer referred to in Article 2 (2) applies to them for the issuance of a plant passport, or for the replacement of a plant passport;
(b) determine, where appropriate, on the basis of examinations provided for in Article 6 (1) (2) and (3) of Directive 77/93/EEC and carried out in accordance with Article 6 (4) or on the basis of the requirements laid down in Article 10 (3) or 12 (6) of the said Directive, the restrictions applicable to the plants, plant products or other objects, and accordingly the territorial validity of the plant passport, or determine the replacement of the said plant passport, as well as the information to be filled in.
If the producer, person or importer referred to in Article 2 (2) intends to dispatch a plant, plant product or other object into a protected zone referred to in Article 2 (1) (h) of the said Directive for which he does not have a valid plant passport, the said responsible official bodies shall take the necessary steps and determine accordingly whether the product is qualified for the relevant protected zone. The said responsible official bodies shall ensure that the producer, person or importer referred to in Article 2 (2) shall notify the abovementioned intention to them within a reasonable period of time prior to dispatch and shall apply simultaneously for the corresponding plant passport;
(c) ensure that the information is filled in, either entirely in capital letters if the plant passport is pre-printed, or in capital letters or entirely in typescript in all other cases. The botanical name of the plants or plant products shall be indicated in Latin characters; uncertified alterations or erasures shall invalidate the said plant passport;
(d) ensure that if a plant, plant product or other object has received the qualification by them for a specific protected zone(s), the code for the protected zone(s) shall be indicated on the plant passport, against the distinctive marking 'ZP' (zona protecta) indicating that the said plant passport covers a plant, plant product or other object qualified for a protected zone(s);
(e) ensure that if a plant passport is to be delivered for a plant, plant product or other object originating outside the Community, the plant passport shall be used, with the indication of the name of the country of origin or, where appropriate, the consignor country on the said plant passport;
(f) ensure that if a plant passport is to be replaced by another plant passport, the plant passport referred to in Article 1 (1) shall be used; the code for the originally registered producer or importer shall be indicated on the said plant passport, against the distinctive marking 'RP' ('replacement passport') indicating that the said plant passport replaces another plant passport;
(g) depending on where the said plant passport is physically stored, either deliver the said plant passport, or authorize the producer, person or importer referred to in Article 2 (2) to use it accordingly;
(h) ensure that the part of the said plant passport consisting of the label be attached under the responsibility of the producer, person or importer referred to in Article 2 (2), to the plants, plant products or other objects, to their packaging or to the vehicles transporting them in such a manner that it cannot be reused.
Article 4
The system whereby the plant passport referred to in Article 1 (1) is used shall be reconsidered not later than 30 June 1994.
The use of the plant passport referred to in Article 1 (2) (c) shall apply for a period expiring on 30 June 1993.
Article 5
1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive on the date referred to in Article 3 (1) of Council Directive 91/683/EEC (7). They shall forthwith inform the Commission thereof.
2. When Member States adopt these measures, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
3. Member States shall immediately communicate to the Commission all provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.
Article 6
This Directive is addressed to the Member States. Done at Brussels, 3 December 1992. | [
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Commission Regulation (EC) No 366/2004
of 27 February 2004
amending Regulation (EC) No 2259/2003 as regards the available quantity for which import licence applications for certain pigmeat products may be lodged for the period 1 to 30 April 2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EEC) No 2759/75 of the Council of 29 October 1975 on the common organisation of the market in pigmeat(1),
Having regard to Council Decision 2003/18/EC of 19 December 2002 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions(2),
Having regard to Council Decision 2003/286/EC of 8 April 2003 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions(3),
Having regard to Commission Regulation (EC) No 1898/97 of 29 September 1997 laying down rules of application in the pigmeat sector for the arrangements under the Europe Agreements with Bulgaria, the Czech Republic, Slovakia, Romania, Poland and Hungary(4), and in particular Article 4(4) thereof,
Whereas:
(1) The accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union on 1 May 2004 should enable those countries to qualify for the tariff quotas for pigmeat provided for under the arrangements established by Decisions 2003/18/EC and 2003/286/EC under fair conditions compared with those applicable to the existing Member States. Economic operators in those countries must be given the possibility therefore of participating fully in those quotas upon accession.
(2) In order not to create disturbance on the market before and after 1 May 2004, the timetable for the tranches provided for products originating in Bulgaria and Romania in 2004 has been altered and the allocation of quantities adjusted by Commission Regulation (EC) No 333/2004 of 26 February 2004(5). It is therefore necessary to amend Commission Regulation (EC) No 2259/2003 of 22 December 2003 determining the extent to which applications lodged in December 2003 for import licences for certain pigmeat products under the regime provided for by the Agreements concluded by the Community with the Republic of Poland, the Republic of Hungary, the Czech Republic, Slovakia, Bulgaria and Romania can be accepted(6),
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2259/2003 is hereby amended as follows:
(a) Article 1(2) is replaced by the following:
"2. For the period 1 to 30 April 2004, applications for import licences for products originating in Bulgaria and Romania may be lodged pursuant to Regulation (EC) No 1898/97 for the total quantity referred to in Annex II."
(b) Annex II is replaced by the text contained in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 March 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 February 2004. | [
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Commission Decision
of 20 July 2001
amending Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway
(notified under document number C(2001) 2215)
(2001/644/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 2238/2000(2), and in particular Article 8 thereof,
Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community(3), and in particular Article 13 thereof,
After consulting the Advisory Committee,
Whereas:
A. PREVIOUS PROCEDURE
(1) On 31 August 1996, by means of two separate notices published in the Official Journal of the European Communities, the Commission announced the initiation of an anti-dumping proceeding(4) and an anti-subsidy proceeding(5) in respect of imports of farmed Atlantic salmon originating in Norway.
(2) These proceedings resulted in anti-dumping and countervailing duties being imposed by Council Regulations (EC) No 1890/97(6) and (EC) No 1891/97(7) in September 1997, in order to eliminate the injurious effects of dumping and subsidisation.
(3) In parallel to this, by Decision 97/634/EC(8), as last amended by Decision 2000/744/EC(9), the Commission accepted undertakings from 190 Norwegian exporters and imports of farmed Atlantic salmon originating in Norway ("the product concerned") exported to the Community by these companies were exempted from the said anti-dumping and countervailing duties.
(4) The form of the duties was later reviewed and Regulations (EC) No 1890/97 and 1891/97 were replaced by Regulation (EC) No 772/1999(10), as last amended by Council Regulation (EC) No 1677/2001(11).
B. BREACHES OF THE UNDERTAKING
(5) The undertakings offered by the Norwegian companies oblige them, inter alia, to provide the Commission with regular and detailed information in a quarterly report of all sales transactions of farmed Atlantic salmon sold by them (or any of their related importers in the Community), to unrelated customers in the Community.
(6) The text of the undertakings also provides that failure to submit a such quarterly report within 30 days of the end of the quarter in question would, except in case of force majeure, be construed as a violation of the undertaking.
(7) For the fourth quarter of 2000, two Norwegian companies, Marstein Seafood AS (UT No 1/93, TARIC additional code 8197 ) and Westmarine AS (UT No 1/192, TARIC additional code 8625 ), failed to present their sales reports. The companies were given in writing an opportunity to inform the Commission of any reasons which may have prevented their reports from being received within the due deadline and to request hearings, however, neither of them reacted.
(8) As breaches of the undertakings appeared to have occurred, the companies were then informed in writing of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive duties against them. The companies were also given a further opportunity to submit comments, however, as before, neither of them reacted.
(9) In view of the above and in the absence of any reasons showing that the non-receipt of the reports in question was caused by reasons beyond their control, it is considered necessary to withdraw acceptance of the undertakings offered by Marstein Seafood AS and Westmarine AS and to impose definitive anti-dumping and countervailing duties against them. Accordingly, the names of these companies should be deleted from the Annex to Decision 97/634/EC which lists the companies from which undertakings are accepted.
C. NEW EXPORTERS
(10) Since the original imposition of definitive anti-dumping and countervailing duties, certain Norwegian companies have made themselves known to the Commission, claiming to be new exporters, and requested, in accordance with Article 2 of Regulation (EC) No 772/1999 in conjunction with Article 11(4) of Regulation (EC) No 384/96 and Article 20 of Regulation (EC) No 2026/97, that the exemption to the duties be extended to them.
(11) In this regard, two such exporters, Atlantis AS and Cape Fish AS demonstrated that they had not exported the product concerned to the Community during the investigation period which led to the current anti-dumping and countervailing duties.
(12) The companies also showed that they are not related to any of the companies in Norway which are subject to anti-dumping and countervailing duties. In addition, they provided evidence that they had entered into irrevocable contractual obligations to export a significant amount of the product concerned to the Community.
(13) The companies have offered undertakings which are identical to those previously accepted from other Norwegian companies exporting farmed Atlantic salmon originating in Norway. By doing so, both of them have agreed to respect the minimum import prices laid down therein and to provide the Commission with regular and detailed information concerning their exports to the Community.
(14) Since the undertakings offered by the companies concerned can be monitored effectively by the Commission, and they eliminate the injurious effects of dumping and subsidisation, the offers are considered acceptable. Atlantis AS and Cape Fish AS have been informed of the essential facts, considerations and obligations upon which this acceptance is based.
(15) The names of Atlantis AS and Cape Fish AS should therefore be added to the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC.
D. CHANGES OF NAME
(16) One Norwegian exporter with an undertaking, Mesan Seafood AS (UT No 1/194, TARIC additional code A034), advised the Commission that the group of companies to which it belonged had been reorganised that another company within the group, Mesan Holding AS, was now responsible for exports to the Community. The company therefore requested that its name be replaced by that of Mesan Holding AS on the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC.
(17) Two other exporters, Rolf Olsen Seafood AS (UT No 1/144, TARIC additional code 8254 ) and Fjord Domstein A/S (UT No 1/167, TARIC additional code 8278 ) advised the Commission that their names had changed to Olsen Seafood AS and Fjord Seafood Sales AS respectively and requested that the list of companies from which undertakings are accepted be amended accordingly.
(18) Having verified the nature of the requests, the Commission considers that they are all acceptable since the modifications do not entail any substantive changes which would affect the reassessment of dumping or subsidisation, nor do they affect any of the considerations on which the acceptance of the undertaking was based.
(19) Consequently, the names of Mesan Seafood AS, Rolf Olsen Seafood AS and Fjord Domstein A/S should be changed to Mesan Holding AS, Olsen Seafood AS and Fjord Seafood Sales AS respectively on the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC.
E. AMENDMENT OF THE ANNEX TO DECISION 97/634/EC
(20) In view of the above changes, the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC should be amended accordingly.
(21) The Advisory Committee has been consulted on all of the above changes and has raised no objections.
(22) For the sake of clarity, an updated version of the Annex to that Decision is published herewith, showing all the exporters whose undertakings are currently in force.
(23) In parallel to this Decision, the Council, by Regulation (EC) No 1677/2001 has also withdrawn the exemption from the anti-dumping and countervailing duties granted to Marstein Seafood AS and Westmarine AS, granted exemption to those duties to Atlantis AS and Cape Fish AS, and changed the names of Mesan Seafood AS, Rolf Olsen Seafood AS and Fjord Domstein A/S to Mesan Holding AS, Olsen Seafood AS and Fjord Seafood Sales AS respectively, by amending the Annex to Regulation (EC) No 772/1999,
HAS DECIDED AS FOLLOWS:
Article 1
The Annex to Decision 97/634/EC is replaced by the Annex hereto.
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
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*****
COMMISSION REGULATION (EEC) No 456/89
of 23 February 1989
laying down certain provisions relating to the issue of STM certificates for seed potatoes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 85 (3) thereof,
Whereas by Commission Regulation (EEC) No 3998/88 (1) the Commission adopted interim protective measures relating to the suspension of the issue of STM certificates for certified seed potatoes falling within CN code 0701 10 00, applications for which were submitted after 22 December 1988;
Whereas the indicative ceiling has been exceeded; whereas that suspension should be extended until the end of the marketing year;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Seed,
HAS ADOPTED THIS REGULATION:
Article 1
The issuing of STM certificates for certified seed potatoes falling within CN code 0701 10 00 is hereby suspended until 30 September 1989.
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, 23 February 1989. | [
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*****
COUNCIL REGULATION (EEC) No 3207/89
of 23 October 1989
amending Regulation (EEC) No 3034/80 fixing the quantities of basic products considered to have been used in the manufacture of goods covered by Regulation (EEC) No 3033/80
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3033/80 of 11 November 1980 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), as amended by Regulation (EEC) No 3743/87 (2), and in particular Article 4 (1) thereof,
Having regard to the proposal from the Commission,
Whereas experience has shown that, for goods with a milkfat content of between 3 and 40 %, certain quantities of basic products mentioned in Annex II to Regulation (EEC) No 3034/80 (3), as last amended Regulation (EEC) No 4091/87 (4), must be changed; whereas this measure calls for a modification of the table with the additional codes in Annex III to that Regulation;
Whereas the parameter 'milk proteins' used for calculating the variable component to be charged on importation must be further defined,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 3034/80 is hereby amended as follows:
1. Annex II, Part A, with respect to the milkfat contents of between 3 and 40 %, is amended as shown in Annex I to this Regulation.
2. Annex III is replaced by the Annex appearing in Annex II to this Regulation.
Article 2
This Regulation shall enter into force on 1 January 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 23 October 1989. | [
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*****
COMMISSION DECISION
of 15 November 1988
relating to aid which the Belgian Government has granted to a petrochemicals company at Ottignies/Louvain-la-Neuve (SA Belgian Shell)
(Only the French and Dutch texts are authentic)
(89/254/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular the first subparagraph of Article 93 (2) thereof,
Having given notice in accordance with the above Article to interested parties to submit their comments, and having regard to those comments,
Whereas:
I
By letter dated 22 December 1987, received on 4 January 1988, the Belgian Government notified a plan to grant investment aid to SA Belgian Shell at Ottignies/Louvain-la-Neuve under the Expansion Law of 17 July 1959.
The investment aid is to be granted for the creation of a research laboratory for the development of new, technologically advanced petrochemical products and the improvement of existing products such as epoxy resins, polyurethanes, elastomers, polypropylene, polyethylene, polybuthylene, polyvinyl chloride and expansible polystyrene. The research will also investigate new applications for these productsd. It is not planned to start production at Louvain-la-Neuve.
In view of the considerable volume of trade in petrochemicals between Community countries, the Commission considered that the measure in question was an aid pursuant to Article 92 (1) of the EEC Treaty and that, according to the information at its disposal and that made available by the Belgian authorities, it did not prima facie satisfy the conditions for exemption pursuant to Aticle 92 (3). It therefore opened the procedure provided for in Article 93 (2) in respect of that aid.
By letter dated 11 February 1988 it gave the Belgian Government notice to submit its comments. Comments were also invited from the other Member States by letter dated 29 April and from other interested parties by letter dated 3 May 1988.
II
The Belgian Government, in reply to the opening of the Article 93 (2) procedure, sent its comments by letter dated 7 April 1988, received on 14 April 1988.
It argued that the laboratory to be assisted had been specifically designed to undertake basic and experimental applied research in order to identify and assess new potential applications and to develop, at the stage of basic industrial research, innovative high technology products capable of satisfying new, predetermined needs.
Within the framework of the procedure, four other Member States, an enterprise in the relevant sector and one association submitted observations.
III
The measures proposed by the Belgian authorities consist in a direct grant of 15,6 % of planned investment (Bfrs 217 015 million in aid for an investment of Bfrs 1 391 125 million) and in a five-year exemption from property tax with a net grant equivalent of 9,56 %. The Community petrochemicals market is characterized by strong competition and considerable intra-Community trade.
The petrochemicals industry in Europe comprises a large number of companies, both independent and subsidiaries of national and multinational chemical and oli companies, located in various Member States and emnploying between 550 000 and 600 000 pesons.
In 1987, total turnover in the Community petrochemicals industry reached ECU 99 180 million. Exports to Member States accounted for ECU 39 800 million, or 40,13 % of turnover.
In 1986, intra-Community trade in unsaturated ethylene and propene not for carburation or combustion attained a volume of ECU 693 million and 294 million respectively. The figures for unsaturated butenes, butadienes and methylbutadienes, and styrene were ECU 204 million and 457 million.
The recipient of the planned aid, Belgian Shell, is one of the trading firms belonging to the Royal Dutch-Shell Group that are established in the Member States and market petroleum and petrochemical products manufactured at the Group's production centres in Europe. Thus the chief market for Belgian Shell is Belgium (94 % of petroleum products and 68 % of petrochemical products are sold in Belgium). The company obtains 17,4 % of its turnover from petrochemical products, of which 32 % were exported to other Member States in 1986.
In view of the above considerations, the situation in the market in question and the position of the firm in question on that market, the aid envisaged is liable to affect trade between Member States and distort competition within the meaning of Article 92 (1) of the EEC Treaty by favouring the undertaking concerned.
When a State aid strengthens the position of some undertakings in relation to their competitors in the Community, it must be regarded as affecting such competitors.
The aid in question distorts competition by reducing the cost of investing in the laboratory which gives the undertaking concerned a competitive advantage over other producers in the petrochemicals industry.
IV
Article 92 (1) provides that aid meeting the criteria laid down therein is in principle incompatible with the common market. The exceptions provided for in Article 92 (2) are not applicable in this case because of the nature of the proposed assistance and its objectives.
According to Article 92 (3) of the Treaty, aid which may be regarded as compatible with the common market must be determined in the context of the Community as a whole and not in that of a single Member State. In order to ensure the proper functioning of the common market and having regard to the principle embodied in Article 3 (f) of the Treaty, the exceptions provided for in Article 92 (3) must be construed narrowly when any aid scheme or any individual aid award is scrutinized.
In particular, the exceptions may be invoked only when the Commission is satisfied that, without the aid, market forces alone would be insufficient to encourage the recipients to attain one of the objectives of the exceptions.
Applying the exceptions to cases not contributing to such an objective or where aid is not needed to this end would mean conferring advantages on the industries or undertakings of certain Member States, thus artificially strengthening their financial position, adversely affecting trading conditions between Member States and distorting competition without any justification based on grounds of the ocmmon interest referred to in Article 92 (3).
The Belgian Government was unable to provide, and the Commission to find, any reason for classifying the aid in any of the categories of exception pursuant to Article 92 (3).
Article 92 (3) (a) and (c) allows exceptions for aid that promotes or facilitates the development of certain areas, but there is no region in Belgium which has an abnormally low standard of living or serious underemployment within the meaning of subparagraph (c); as regards the exception in subparagraph (c), the Ottignies/Louvain-la-Neuve area in the province of Brabant where the investment in question is located, was not included in special regional aid zones in Commission Decision 82/740/EEC (1) on the definition of development areas in Belgium.
As for the exceptions provided for in subparagraph (b) of Article 92 (3), it is clear that the aid is not intended to promote the execution of a project of common European interest or to remedy a serious disturbance in the Belgian economy. A specific aid for a single company in the petrochemicals sector would not remedy the type of situaitons described in Article 93 (3) (b), and the Belgian Government has not put forward any such justification for the aid in question. The Commission has therefore come
to the same conclusions as those contained in the Court of Justice Judgment of 8 March 1988 in joined Cases 62/87 and 72/87, point 22 et seq.
As to the exception in Article 92 (3) (c) for aid to facilitate the development of certain economic activities, it must be concluded that whilst the aid facilitates the development of the undertaking in question, at the same time it affects trading conditions to an extent contrary to the common interest.
As the Community framework for State aids for research and development shows (1), the Commission is in favour of aid for research or development projects.
The aid in question, however, is not aimed at financing certain specific R & D projects but contributes essentially to the purchase of land and the construction of a building to house the laboratory in question (86,9 % of total cost of project). The purchase of scientific and data-processing equipment, however, represents only 13,1 % of total costs. Furthermore, although the laboratory will be carrying out so-called 'experimental' industrial basic and applied research, in the sense that its planned to establish a permanent dialogue with universities and industry, it will initially be given traditional petrochemical development work, including techniques for the application of polymers.
The activities of the company building the laboratory to be assisted are limited to marketing the petroleum and petrochemical products of Royal Dutch-Shell. As a result, the exploitation of the results of the research conducted in the laboratory will be entrusted to the Group's various production centres. Thus aid granted to the laboratory would benefit not Shell but also the whole Royal Dutch-Shell group.
The Community petrochemicals market is affected by a certain degree of instability reflected in large cyclical fluctuations of supply and demand. The overcapacity which arose in the second half of the 1970s led to a crisis in the early 1980s entailing extensive losses. Although the sector has now returned to profit, following capacity cuts and a rise in demand, capacity increases in certain sub-sectors such as propylene and ethylene and the emergence of new non-Community producers (Gulf countries, South-East Asia, Eastern Europe) is liable to lead once again to overcapacity.
It is in the interest of any company in the sector wishing to maintain or improve its position on the market to identify and assess new potential applications for petrochemical products and to design new products.
In view of the difficult market situation that could arise with the appearance of overcapacity and the arrival of new producers, approval of the proposal to grant aid for the Belgian Shell laboratory would mean putting its competitors at a disadvantage which could cause an unjustified drop in their sales and/or compel them in the medium term to withdraw from the market.
Taking account of the financial position of the parent company and its interest in having the laboratory, it is concluded that the aid in question is not necessary and that market forces alone should suffice for the investment to be achieved without an aid grant.
Consequently, the aid in question does not facilitate the development of the industry in question and alters trading conditions to an extent contrary to the common interest within the meaning of Article 92 (3) (c).
The aid proposed by the Belgian Government does not therefore meet the conditions required for application of any of the exceptions provided for in Article 92 (3) of the Treaty,
HAS ADOPTED THIS DECISION:
Article 1
Belgium shall not implement the proposal notified to the Commission by letter dated 22 December 1987 to grant aid for an investment programme implemented at Ottignies/Louvain-la-Neuve by SA Belgian Shell.
Article 2
Belgium shall inform the Commission, within two months of the notification of this Decision, of the measures it has taken to comply therewith.
Article 3
This Decision is addressed to the Kingdom of Belgium.
Done at Brussels, 15 November 1988. | [
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COMMISSION REGULATION (EC) No 1393/2006
of 21 September 2006
determining the extent to which applications lodged in September 2006 for import licences for certain poultrymeat products under the regime provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for poultrymeat and certain other agricultural products can be accepted
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1431/94 of 22 June 1994, laying down detailed rules for the application in the poultrymeat sector of the import arrangements provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for poultrymeat and certain other agricultural products (1) and in particular Article 4(4) thereof,
Whereas:
The applications for import licences lodged for the period from 1 October to 31 December 2006 are greater than the quantities available and must therefore be reduced by a fixed percentage to ensure a fair distribution,
HAS ADOPTED THIS REGULATION:
Article 1
Applications for import licences for the period 1 October to 31 December 2006 submitted pursuant to Regulation (EC) No 1431/94 shall be met as referred to in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 October 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 September 2006. | [
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Commission Regulation (EC) No 1198/2001
of 19 June 2001
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1498/98(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
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 20 June 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 June 2001. | [
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COUNCIL DECISION of 21 December 1988 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Economic Community and the Kingdom of Norway concerning reciprocal trade in cheese (88/650/EEC) (88/650/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas in the Agreement between the European Economic Community and the Kingdom of Norway concerning reciprocal trade in cheese (1), signed on 31 January 1986, the tariff quotas to be opened by the Community and Norway respectively were laid down for only 1986 to 1988; whereas the Agreement should therefore be renewed and the quotas for subsequent years should be laid down;
Whereas the Commission has conducted the relevant negotiations with the Kingdom of Norway and whereas these negotiations have culminated in an agreement,
HAS DECIDED AS FOLLOWS:
Article 1 The Agreement in the form of an Exchange of Letters between the European Economic Community and the Kingdom of Norway concerning reciprocal trade in cheese is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
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.
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Commission Regulation (EC) No 1563/2001
of 31 July 2001
amending Regulation (EC) No 1520/2000 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products(1), as last amended by Regulation (EC) No 2580/2000(2), and in particular the first subparagraph of Article 8(3) thereof,
Whereas:
(1) It is necessary to clarify and fine-tune certain provisions regarding refund certificates and certain provisions regarding the use of Annex D as provided for in Commission Regulation (EC) No 1520/2000(3), as amended by Regulation (EC) No 2390/2000(4).
(2) In order to make the use of refund certificates more efficient, they must be made transferable without, however, promoting an increase in the number of applications for purposes of speculation. The transferee should be designated before a certificate is applied for.
(3) Operators retain their refund right if they have complied with the applicable rules and have not made a specific refund application within three months of the date on which the customs authority accepted the export declaration. In such cases, the guarantee or part thereof corresponding to the refund certificate is retained.
(4) There must be specific provisions covering refund certificates in the case of an open invitation to tender in a non-member country in order to enable European operators to submit a bid on competitive terms. However, for the sake of simplification, the procedure must be based largely on what is already provided for in Article 49 of Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products(5), as last amended by Regulation (EC) No 1095/2001(6).
(5) For reasons of administrative simplification, special procedures should be laid down for the release of the guarantee, including in particular the conditions for partial release and a threshold below which a guarantee that should have been retained may be released.
(6) In order to make full use of the scope for exporting agricultural products that benefit from refunds, there must be provisions similar to those set out in Article 35 of Regulation (EC) No 1291/2000 and operators must be encouraged to swiftly return certificates that have not been fully used throughout the budget period.
(7) Because of the amendments under this Regulation, the references to the Articles of Regulation (EC) No 1291/2000 will need to be adapted.
(8) With a view to more efficient use of the funds available, particularly in view of the need for the Community to meet its international commitments, there must be procedures for adapting the threshold above which the exemption from presenting certificates for certain exporters no longer applies. It is also necessary to make special arrangements to enable operators that no longer wish to take advantage of the exemption from presenting certificates when a budgetary period is changed to make efficient use of the threshold provided for in Article 14(2) of Regulation (EC) No 1520/2000. Furthermore, in order to ensure that the Community's international commitments have been met by the end of a budget year, there must be procedures for suspending payments in connection with refund certificates issued during the corresponding budget period.
(9) Given the experience acquired since the introduction of refund certificates, the procedures provided for in Annex F to Regulation (EC) No 1520/2000 need to be adapted.
(10) It has to be possible to apply some of the provisions of this Regulation as from 9 July. The date of entry into force therefore has to be as soon as possible after the date of publication.
(11) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee on Horizontal Questions Concerning Trade in Processed Agricultural Products Not Listed in Annex I,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1520/2000 is amended as follows:
1. Article 6(3) is replaced by the following: "3. Without prejudice to the provisions set out in Article 6a, the refund certificate shall not be transferable. It shall be used by the holder."
2. The following Article 6a is inserted: "Article 6a
1. Obligations deriving from licences or certificates shall not be transferable. Rights deriving from licences or certificates may be transferred by their titular holder during the period of their validity, provided that such transfer is made in favour of a single transferee only for each certificate or extract therefrom and the name and address of the transferee who accepts it are entered in box 20 of the application form for a refund certificate no later than at the time of lodging the application. Such transfer shall relate to the amounts not yet attributed to the certificate or to all the extracts therefrom.
Before the certificate is issued, the following shall be entered in box 22 and completed in accordance with the details of the application: 'The rights may possibly be transferred to... (name and address of the transferee)'
If no name and address of a possible transferee were specified in the application for the certificate, box 6 shall be deleted.
2. Transferees may not further transfer their rights but may transfer them back to the titular holder.
In such cases, one of the following entries shall be made by the issuing body in section 6 of the certificate:
- retrocesión al titular, el ...
- tilbageføring til indehaveren den ...
- Rückübertragung auf den Bescheinigungsinhaber am ...
- εκ νέου παραχώρηση στο δικαιούχο στις ...
- rights transferred back to the titular holder on [date]
- rétrocession au titulaire le ...
- retrocessione al titolaire in data ...
- aan de titularis geretrocedeerd op ...
- retrocessão ao titular em ...
- palautus todistuksenhaltijalle ...
- återbördad till licensinnehavaren den ...
3. In the event of a request for transfer by the titular holder or transfer back to the titular holder by the transferee, the issuing body or the agency or agencies designated by each Member State shall enter the following on the certificate or, where appropriate, the extract therefrom:
(a) the name and address of the transferee as indicated in accordance with paragraph 1 or the entry referred to in paragraph 2;
(b) the date of such entry certified by the stamp of the body or agency.
4. The transfer or transfer back to the titular holder shall take effect from the date of the entry."
3. In Article 7, the following paragraph 5 is added: "5. A refund requested on the basis of a specific application which is not the export declaration shall be granted on the applicable terms, particularly those set out in Article 6.
Without prejudice to the previous subparagraph, if the time limit of three months specified in paragraph 4 is not complied with, the obligation referred to in paragraph 3 cannot be deemed to have been met and consequently, the security provided for in Article 11 shall be retained in respect of the amount in question."
4. The following Article 10a is inserted: "Article 10a
1. This Article shall apply to refund certificates applied for fixing the refund in advance, on the day the application is lodged, in connection with an invitation to tender issued in an importing non-member country.
The expression 'invitation to tender' shall be understood to mean open invitations issued by public agencies in third countries, or by international bodies governed by public law, to submit by a given date tenders on which a decision will be taken by those agencies or bodies.
For the purposes of this Article, the armed forces referred to in Article 36(1)(c) of Regulation (EC) No 800/1999 shall be regarded as an importing country.
2. Exporters who have submitted or wish to submit a tender in response to an invitation to tender as referred to in paragraph 1 may, by way of derogation from Article 8(5), (6) and (9), subject to the conditions set out in paragraph 10, and provided the conditions specified in paragraph 3 are fulfilled, apply for one or more certificates, which will be issued subject to the exporter being awarded a contract.
3. This Article shall apply only if the following particulars at least are specified in the invitation to tender:
- the importing country and the agency issuing the invitation to tender,
- the closing date for the submission of tenders,
- the specific quantity of products covered by the invitation to tender.
The party concerned shall communicate these particulars to the issuing agency when applying for the certificate.
An application or applications for a certificate may not be lodged more than 15 days before the closing date for the submission of tenders but must be lodged at the latest by 1 p.m. on that closing date.
The amount in respect of which the certificate or certificates are applied for may not exceed the corresponding quantity applying the rate fixed in advance in accordance with the first subparagraph of paragraph 1, specified in the invitation to tender. No account shall be taken of tolerances or options provided for in the invitation to tender.
4. Notwithstanding Article 15(2) of Regulation (EC) 1291/2000, the security need not be lodged when the certificate is applied for.
5. Within 44 days of the closing date for submitting tenders, except in case of force majeure, the applicant shall inform the issuing body by letter or by written telecommunication, to reach the issuing body no later than the date of expiry of the 44-day time limit:
(a) either that he has himself been awarded a contract;
(b) or that he has not been awarded a contract;
(c) or that he has not submitted a tender;
(d) or that he is not in a position to know the outcome of the invitation to tender within the time limit specified for reasons which may not be ascribed to him.
6. Applications for certificates shall not be accepted where, during the period of issue to which applications for refund certificates are subject, the issue of a certificate has been suspended in accordance with the second subparagraph of Article 8(8).
No special measure taken subsequent to the expiry of the said period may prevent the issue of one or more certificates in respect of the invitation to tender in question where the applicant has fulfilled the following conditions:
(a) the information referred to in the first subparagraph of paragraph 3 is evidenced by the appropriate documents;
(b) proof is furnished of the applicant's having been awarded a contract;
(c) the contract is presented; or
(d) where absence of the contract is justified, documentation is submitted attesting the obligations entered into with the other contracting party or parties, including confirmation from his or their bank of the opening of an irrevocable documentary letter of credit by the purchaser's financial institution relating to the agreed delivery;
(e) the security required for the issue of the certificate is lodged.
The certificate or certificates shall be issued only for the country referred to in the first indent of the first subparagraph of paragraph 3. The invitation to tender shall be mentioned thereon.
The total amount for which the certificate or certificates are issued shall be the corresponding total quantity applying the rate fixed in advance in accordance with the first subparagraph of paragraph 1, for which the applicant was awarded the contract and has presented the contract or documentation referred to in point (d); such amount may not exceed the amount applied for.
By way of exemption from Article 9(1) and the first and second subparagraphs of Article 9(2), refund certificates issued in accordance with this article shall be valid with effect from the day on which they are issued within the meaning of Article 23(2) of Regulation (EC) No 1291/2000. Refund certificates shall be valid for no longer than the end of the eighth month following the month of issue or until 30 September of each year, which ever is the sooner. Rates fixed in advance are therefore valid until the last day of the certificate's validity.
No certificate may be issued for the amount corresponding to the quantity for which the applicant has not been awarded a contract or has failed to comply with any of the conditions specified in point (a), (b), (c) and (e) of the second subparagraph or, as the case may be, point (a), (b), (d) and (e) of the second subparagraph.
The holder of the certificate or certificates shall be held primarily liable for the repayment of any refund incorrectly paid where it is established that the certificate or certificates was or were issued on the basis of a contract or obligation, specified in point (d), not corresponding to the invitation to tender opened by the non-member country.
7. In the cases referred to in paragraph 5(b), (c) and (d), no certificate shall be issued in connection with the application referred to in paragraph 3.
8. Where the applicant for a certificate fails to comply with paragraph 5, no certificate shall be issued.
However, where the applicant furnishes proof to the issuing body that the closing date for the submission of tenders has been deferred:
- by no more than 10 days, the application shall remain valid and the period of 44 days for notifying the particulars specified in paragraph 5 shall run with effect from the new closing date for the submission of tenders,
- by more than 10 days, the application shall no longer be valid.
9. (a) If the successful tenderer demonstrates to the satisfaction of the competent authority that the agency that issued the invitation to tender has cancelled the contract for reasons which are not attributable to the tenderer and are not considered to constitute force majeure, the competent authority shall release the security in cases where the rate of the refund fixed in advance in respect of the basic product corresponding to the largest refund compared with the other basic products used is higher than or equal to the rate of the refund valid on the last day of the certificate's validity.
(b) If the successful tenderer demonstrates to the satisfaction of the competent authority that the agency that issued the invitation to tender has obliged him to accept changes to the contract for reasons that are not attributable to him and are not considered to constitute force majeure, the competent authority may extend the validity of the certificate and the duration of advance fixing up to 30 September.
(c) If the successful tenderer furnishes proof that the invitation to tender or the contract concluded following the award provided for a downward tolerance or option of more than 5 % and that the agency that issued the invitation to tender is invoking the relevant clause, the obligation to export shall be deemed to have been fulfilled where the quantity exported is not more than 10 % less than the quantity corresponding to the amount for which the certificate was issued, on condition that the rate of the refund fixed in advance in respect of the basic product corresponding to the largest refund compared with the other basic products used is higher than or equal to the rate of the refund valid on the last day of validity of the certificate. In such cases the rate of 95 % referred to in Article 12(4) shall be replaced by 90 %.
(d) In comparing the rate of the refund fixed in advance with that of the refund valid on the last day of validity of the certificate, account shall be taken, where applicable, of other amounts provided for under Community rules.
10. By way of exemption from Article 8, applications for refund certificates may be submitted in accordance with this article from 1 October of each budget period. Member States shall immediately inform the Commission of the particulars referred to in the first subparagraph of paragraph 3, and of the amounts and date and time of submission of each certificate applied for. The Commission shall inform the Member State within two working days of such notification whether the third subparagraph of paragraph 12 is applicable.
11. In the case of applications which have not yet been submitted, the Commission may suspend application of paragraph 2 under the conditions set out in the second and third subparagraphs of Article 8(8).
12. For the purposes of applying the first subparagraph of paragraph 6, the Commission may consider that there is no danger of international commitments not being met if the sum of the amounts corresponding to a single invitation to tender for which one or more applications for certificates have been made by one or more operators and for which no certificate has yet been issued does not exceed EUR 2 million.
However, this limit may be increased to EUR 4 million if none of the reduction coefficients published since the beginning of the budgetary period and referred to in Article 8(5) exceeds 50 %.
Refund certificates shall not be issued to operators if the amount concerned, added to the amounts for which certificates have been applied for as part of the same invitation to tender, exceed the applicable limit."
5. Article 12 is replaced by the following: "Article 12
1. If a reduction coefficient is applied pursuant to Article 8(5) and (8), part of the security equal to the amount lodged multiplied by the reduction coefficient shall be released immediately.
2. Should the applicant withdraw his application for a certificate, as provided for in Article 8(6), 94 % of the security shall be released.
3. The security shall be released in full once the holder of the certificate has applied for refunds totalling 95 % of the amount for which the certificate was issued. On application by the titular holder, Member States may release the security by instalments in proportion to the quantities of products for which proof as referred to in Article 7(4) has been produced, provided that proof has been produced that an amount equal to at least 5 % of that indicated on the certificate has been applied for.
4. Where the refund certificate has been used for less than 95 % of the amount for which it was issued, part of the security equal to 25 % of the difference between 95 % of the amount for which the certificate was issued and the amount of refunds actually used shall be forfeited.
Furthermore, if the total amount of the security which would be forfeited comes to EUR 60 or less for a given certificate, the Member State concerned shall release the whole of the security.
5. However,
- where the certificate or an extract from the certificate is returned to the issuing body within a period corresponding to the initial two thirds of its term of validity, the corresponding amount of security to be forfeited shall be reduced by 40 %; for this purpose, any part of a day counts as a whole day;
- where the certificate or extract from the certificate is returned to the issuing body within a period corresponding to the last third of its term of validity or during the month following the expiry date, the corresponding amount of security to be forfeited shall be reduced by 25 %.
The above paragraph shall apply only to certificates and extracts from certificates returned to the issuing body during the budgetary period in respect of which the certificates have been issued, provided that they are returned more than 30 days before the end of that period."
6. In Article 14, paragraphs 2 and 3 are replaced by the following: "2. The provisions of this Article are applicable to exports by operators that have not held a refund certificate since the beginning of the budgetary period in question and do not hold such a certificate on the date of export. The applications submitted by the operator on the terms set out in Annex F-VI, paragraph 2, during the budget year and before the submission of the application for the export in question must total less than EUR 50000.
For the application of the previous subparagraph, if the specific application is regarded by the competent authority as being the customs declaration within the meaning of Article 5(1) of Regulation (EC) No 800/1999, the date of the application may, if the competent authority agrees, be the date on which the customs authority accepted the export declaration in question.
This Article is applicable only in the Member State in which the goods are manufactured or assembled.
3. Member States shall notify the Commission no later than the fifth day of each month of the amounts of the refunds granted pursuant to this Article from the sixteenth day to the end of the previous month, and no later than the twentieth day of each month of the amounts of the refunds granted pursuant to this Article from the first to the fifteenth day of the current month.
If the sum of the amounts notified by the Member States reaches 20 million euro, the Commission can suspend the application of paragraphs 1 and 2 of this Article to exports not covered by a refund certificate.
Taking into account both the amounts notified by Member States in application of the first subparagraph and the European Community's meeting of international commitments, the Commission may adjust the amount provided for in the second subparagraph in respect of a budgetary period, in which case it shall publish the new amount in the Official Journal of the European Communities."
7. Article 15(2) is replaced by the following: "2. By way of derogation from paragraph 1, the following provisions of Regulation (EEC) No 1291/2000 shall not apply to the refund certificates referred to in this Regulation:
- Articles 9, 12, 14, 21, 24, 32, 33, 35, 42, 46, 47, 49 and 50,
- Article 8(2),
- Article 8(4),
- Article 18(1),
- Article 36(5)."
8. Article 16 is amended as follows:
(a) In paragraph 3, the second subparagraph is replaced by the following: "However, if the goods concerned are listed in columns 1 and 2 of Annex D, the party concerned may, at his express request, be granted a refund, the nature and quantity of the basic products taken into consideration for the calculation of such refund being determined from an analysis of the goods to be exported and in accordance with the conversion table in Annex D. The competent authority shall decide on the conditions under which the analysis is to be carried out."
(b) Paragraph 8 is replaced by the following: "8. As regards exports effected between 1 October and 15 October of each year, refunds may not be paid before 16 October.
As regards exports effected with presentation of a refund certificate issued in respect of a budgetary period, and where the Commission considers that there is a danger that the Community may not meet its international commitments, refund payments scheduled after the end of that period may not be made before 16 October, in which case the time limit referred to in the first subparagraph of Article 49(8) of Regulation (EC) No 800/1999 may be temporarily extended to three months and 15 days.
If the previous subparagraph is applied, the Commission shall publish this provision before 20 September in the Official Journal of the European Communities."
9. Annex F is amended as follows:
(a) in section I, paragraph 2 is replaced by the following: "2. The 'Export licence or advance fixing certificate' shall be stamped 'Refund certificate non-Annex I'. This information may be computerised.
Applicants must complete boxes 4, 8, 17 and 18 and, where appropriate, 7. In boxes 17 and 18, the amount shall be entered in euro;
Boxes 13 to 16 shall not be completed.
In box 20, applicants must state whether they plan to use the refund certificate only in the Member State which issued it or whether they require a refund certificate which is valid throughout the Community.
Applicants must enter in box 20 the words 'Article 8-1', or other words to the satisfaction of the competent authority, if the application refers to a certificate provided for under Article 8(1) or the words 'Article 8-8', or other words to the satisfaction of the competent authority, if it refers to a certificate provided for under Article 8(8) to (10).
Applicants must enter the place and date of application and sign the application.
If the application concerns food aid, they must also enter in box 20 one of the indications mentioned in Article 10 of this Regulation or in Article 3 of Commission Regulation (EC) No 259/98(7)."
(b) In section II, paragraph 3 is replaced by the following: "3. Application for an extract from a refund certificate
Any holder of a refund certificate may request an extract from the certificate for an amount not exceeding the amount not yet recorded on the original certificate on the date on which the extract is issued, particularly if the refund applications for the planned exports will not be submitted in the Member State which issued the refund certificate. In this case, the amount for which an extract is requested shall be recorded on the original certificate and an extract shall be issued, based on an application drawn up on the form set out in Annex I to Regulation (EC) No 1291/2000 and containing the following information:
- in boxes 1 and 2, the name of the agency which issued the refund certificate from which an extract is requested and the number of the original certificate,
- in box 4, the name of the holder of the refund certificate,
- in boxes 17 and 18, the amount of the extract requested in euro."
(c) Section IV is replaced by the following: "IV. Issue of refund certificates without advance fixing for use throughout the Community
These refund certificates shall be completed in the same way as the certificates referred to in Section III.
Box 21 shall be deleted.
Should the holder of such a refund certificate subsequently request advance fixing of the refund rates, he must return the original certificate and any extracts already issued. 'Refund valid on [date], fixed in advance on [date]' shall be entered and completed in box 22 of the certificate."
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
Article 1(2) and (5) shall apply to certificates applied for as from 9 July 2001 and corresponding to exports effected as from 1 October 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 July 2001. | [
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COUNCIL DECISION of 19 April 1995 authorizing the automatic renewal or maintenance in force of provisions governing matters covered by the common commercial policy contained in the friendship, trade and navigation treaties and trade agreements concluded between Member States and third countries (95/133/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2) thereof,
Having regard to Council Decision 69/494/EEC of 19 December 1969 on the progressive standardization of agreements concerning commercial relations between Member States and third countries and on the negotiation of Community agreements (1), and in particular Article 3 thereof,
Having regard to the proposal from the Commission,
Whereas the automatic renewal or extension beyond the transitional period of the treaties, agreements and protocols listed in the Annex was last authorized by Decision 93/679/EC (2);
Whereas the Member States concerned have again requested authorization for the automatic renewal or maintenance in force of provisions governing matters covered by the common commercial policy within the meaning of Article 113 of the Treaty and contained in the friendship, trade and navigation treaties and similar agreements with third countries listed in the Annex, in order to avoid interrupting their contractual commercial relations with the third countries concerned;
Whereas, however, most of the matters covered by these provisions of national treaties and agreements will in future be governed by Community agreements; whereas, in that case, authorization should be given only in respect of those matters not covered by Community agreements; whereas, in addition, such authorization does not absolve the Member States from the obligation of avoiding and, where appropriate, eliminating any incompatibility between such treaties and agreements and the provisions of Community law;
Whereas the provisions of the treaties and agreements to be automatically renewed or maintained in force must not, furthermore, during the period under consideration, constitute an obstacle to the implementation of the common commercial policy;
Whereas the Member States concerned have stated that the automatic renewal or maintenance in force of these treaties and agreements should not be such as to constitute an obstacle to the opening of Community commercial negotiations with the relevant third countries or the transfer of the commercial fields covered by current bilateral agreements to Community agreements;
Whereas, at the conclusion of the consultation provided for in Article 2 of Decision 69/494/EEC, it was established, as the aforesaid statements by the Member States confirm, that the provisions of the relevant treaties and bilateral agreements will not, during the period under consideration, constitute an obstacle to the implementation of the common commercial policy;
Whereas, nevertheless, the Member States concerned have stated that they would be willing to adapt and, if necessary, terminate those treaties and agreements should it be found, during the period under consideration, that the automatic renewal or maintenance in force of the provisions thereof relating to matters covered by Article 113 of the Treaty hinders the implementation of the common commercial policy;
Whereas the treaties and agreements involved contain termination clauses requiring a period of notice of between three and 12 months;
Whereas, therefore, there is no reason for not authorizing the automatic renewal or maintenance in force, until 30 April 1996, of the provisions in question;
Whereas the automatic renewal or extension of the treaties and trade agreements between the Member States and the EFTA countries was considered inappropriate, except for those concluded with Switzerland and Norway, as the countries concerned have become members of the European Union from 1 January 1995 or are already members of the European Economic Area,
HAS ADOPTED THIS DECISION:
Article 1
The provisions governing matters covered by the common commercial policy within the meaning of Article 113 of the Treaty and contained in the friendship, trade and navigation treaties and trade agreements listed in the Annex hereto may be automatically renewed or maintained in force until 30 April 1996 as regards those areas not covered by agreements between the Community and the third countries concerned in so far as their provisions do not conflict with existing common policies.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 19 April 1995. | [
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COMMISSION REGULATION (EC) No 2795/1999
of 29 December 1999
concerning the classification of certain goods in the Combined Nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European 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 Commission Regulation (EC) No 2626/1999(2), and in particular Article 9 thereof,
(1) Whereas in order to ensure uniform application of the Combined Nomenclature annexed to the said Regulation, it is necessary to adopt measures concerning the classification of the good referred to in the Annex to this Regulation;
(2) Whereas Regulation (EEC) No 2658/87 has set down the general rules for the interpretation of the Combined Nomenclature and these rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivisions to it and which is established by specific Community provisions, with a view to the application of tariff or other measures relating to trade in goods;
(3) Whereas, pursuant to the said general rules, the good described in column 1 of the table annexed to the present Regulation must be classified under the appropriate CN codes indicated in column 2, by virtue of the reasons set out in column 3;
(4) Whereas it is appropriate that binding tariff information issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature and which do not conform to the rights established by this Regulation, can continue to be invoked under the provisions in Article 6 of Commission Regulation (EEC) No 3796/90(3), as amended by Regulation (EEC) No 2674/92(4), for a period of three months by the holder if a binding contract has been concluded such as is envisaged in Article 14(3)(a) or (b) of Council Regulation (EEC) No 1715/90(5);
(5) 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 good described in column 1 of the annexed table is classified within the Combined Nomenclature under the appropriate CN code indicated in column 2 of the said table.
Article 2
Binding tariff information issued by the customs authorities of Member States which do not conform to the rights established by this Regulation can continue to be invoked under the provisions of Article 6 of Regulation (EEC) No 3796/90 for a period of three months by the holder if a binding contract has been concluded as envisaged in Article 14(3)(a) or (b) of Regulation (EEC) No 1715/90.
Article 3
This Regulation shall enter into force on the 21st day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 1321/2008
of 19 December 2008
on the issuing of import licences for applications lodged during the first seven days of December 2008 under tariff quotas opened by Regulation (EC) No 616/2007 for poultry meat
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
Having regard to Commission Regulation (EC) No 616/2007 of 4 June 2007 opening and providing for the administration of Community tariff quotas for poultry meat originating in Brazil, Thailand and other third countries (3), and in particular Article 5(5) thereof,
Whereas:
(1)
Regulation (EC) No 616/2007 opened tariff quotas for imports of products in the poultry meat sector.
(2)
The applications for import licences lodged during the first seven days of December 2008 for the subperiod 1 January to 31 March 2009 relate, for some quotas, to quantities exceeding those available. The extent to which licences may be issued should therefore be determined and an allocation coefficient laid down to be applied to the quantities applied for.
HAS ADOPTED THIS REGULATION:
Article 1
The quantities for which import licence applications have been lodged pursuant to Regulation (EC) No 616/2007 for the subperiod 1 January to 31 March 2009 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 20 December 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2008. | [
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Commission Regulation (EC) No 2706/2000
of 11 December 2000
amending Regulation (EC) No 1455/1999 laying down the marketing standard for sweet peppers
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables(1), as last amended by Regulation (EC) No 1257/1999(2), and in particular Article 2(2) thereof,
Whereas:
(1) Commission Regulation (EC) No 1455/1999(3) lays down the marketing standard for sweet peppers.
(2) It is not possible in practice to establish a distinction between types of sweet pepper. It should therefore be specified that all sweet peppers are varieties (cultivars) grown from Capsicum annuum L. var. annuum, and the derogation with respect to the minimum size for Capsicum annuum L. var. longum, also known as "peperoncini", should be deleted.
(3) Sales of small elongated sweet peppers (pointed) are growing. The minimum size applicable to this type of pepper should therefore be lowered.
(4) Where sweet peppers are presented in a mixture of colours, uniformity of origin is not required. It is therefore necessary to provide, where appropriate, for indication of the different countries of origin.
(5) Sales of miniature peppers have grown in recent years. Special provisions concerning sizing should therefore be laid down for those products, which are below the minimum size, along with the corresponding provisions concerning labelling and presentation.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 1455/1999 is amended as follows:
1. The first paragraph of Title I (Definition of produce) is replaced by the following:
"This standard applies to sweet peppers of varieties (cultivars) grown from Capsicum annuum L. var. annuum, to be supplied fresh to the consumer, sweet peppers for industrial processing being excluded."
2. The first indent of the third paragraph of Title III (Provisions concerning sizing) is replaced by the following:
"- elongated sweet peppers (pointed): 20 mm."
3. The fifth paragraph of Title III (Provisions concerning sizing) is replaced by the following with the associated footnote:
"The size requirements shall not apply to miniature produce(4)."
4. The following paragraph is inserted after the fourth paragraph of point A (Uniformity) of Title V (Provisions concerning presentation):
"Miniature sweet peppers must be reasonably uniform in size. They may be mixed with other miniature products of a different type and origin."
5. The third indent of point B (Nature of produce) of Title VI (Provisions concerning marking) is deleted.
6. The first indent of point C (Origin of produce) of Title VI (Provisions concerning marking) is replaced by the following:
"- Country or, where appropriate, countries of origin and, optionally, district where grown or national, regional or local place name."
7. The following indent is inserted after the second indent in point D (Commercial specifications) of Title VI (Provisions concerning marking):
"- Mini peppers, baby peppers, or other appropriate term for miniature produce. Where several types of miniature produce are mixed in the same package, all products and their respective origins must be mentioned."
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from the first day of the third month following that of its entry into force.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 December 2000. | [
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COMMISSION REGULATION (EEC) No 2974/92 of 14 October 1992 reducing the basic and buying-in prices for mandarins and satsumas for the 1992/93 marketing year following the monetary realignments of 13 to 17 September 1992 and the overrun in the intervention threshold for 1991/92
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EEC) No 1754/92 (2), and in particular Article 16b (4) thereof,
Having regard to Council Regulation (EEC) No 1677/85 of 11 July 1985 on monetary compensatory amounts in agriculture (3), as last amended by Regulation (EEC) No 2205/90 (4), and in particular Article 6 (3) thereof,
Whereas Article 6 of Regulation (EEC) No 1677/85 provides that agricultural prices fixed in ecus are to be reduced at the time that the adjustment of the agricultural conversion rates resulting from the dismantlement of transferred monetary gaps and occurring at the beginning of the marketing year following a monetary realignment takes effect; whereas, within the framework of the automatic dismantlement of the negative monetary gaps created by the realignments of 13 to 17 September 1992, it is necessary to divide the prices in ecus by the coefficient reducing agricultural prices fixed at 1,002650 by Article 2 of Commission Regulation (EEC) No 2735/92 (5);
Whereas Commission Regulation (EEC) No 3150/91 (6) fixes the intervention thresholds for the 1991/92 marketing year at 35 800 tonnes for mandarins and 34 500 tonnes for satsumas;
Whereas, pursuant to Article 16a (1) of Regulation (EEC) No 1035/72, if, during a marketing year, intervention measures taken for mandarins and satsumas involve quantities exceeding the intervention thresholds fixed for those products and for that marketing year, the basic and buying-in prices fixed for those products for the following marketing year are to be reduced by 1 % for each 3 000 tonnes in the case of mandarins and each 3 100 tonnes in the case of satsumas by which those thresholds are exceeded;
Whereas, pursuant to Article 3 of Council Regulation (EEC) No 1123/89 of 27 April 1989 amending Regulation (EEC) No 2601/69 with respect to the processing aid scheme and amending the rules for applying the intervention thresholds for certain citrus fruits (7), the quantities of mandarins and satsumas delivered for processing under Council Regulation (EEC) No 2601/69 (8) are to be treated in the same way as a quantity qualifying for an intervention measure for the ascertainment of any overrun in the intervention threshold;
Whereas, according to information supplied by the Member States, the intervention measures taken by the Community for the 1991/92 marketing year related to 95 278 tonnes for mandarins and 156 529 tonnes for satsumas; whereas the Commission therefore notes an overrun in the intervention thresholds fixed for that marketing year of 59 478 tonnes for mandarins and 122 029 tonnes for satsumas;
Whereas, consequently, the basic and buying-in prices for mandarins and satsumas for the 1992/93 marketing year, as fixed by Council Regulation (EEC) No 1378/92 of 21 May 1992 fixing for the 1992/93 marketing year certain prices and other amounts in the fruit and vegetables sector (9), must be reduced by 19 % for mandarins and by 20 % for satsumas; whereas the reductions must be added to those resulting from the monetary realignments of 13 to 17 September 1992; whereas the resulting total reduction is 19,21 % for mandarins and 20,21 % for satsumas;
Whereas, pursuant to Article 18b (2) of Regulation (EEC) No 1035/72, withdrawals on the territory of the former German Democratic Republic before the end of the 1991/92 marketing year are not to be taken into consideration in determining whether intervention thresholds have been exceeded;
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 basic and buying-in prices for mandarins and satsumas for the 1992/93 marketing year, as fixed by Regulation (EEC) No 1378/92, shall be reduced by 19,21 % for mandarins and 20,21 % for satsumas and shall be as set out in the Annex.
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 (EEC) No 2290/88
of 26 July 1988
re-establishing the levying of customs duties on flags and paving falling within CN codes 6908 10 and 6908 90, originating in Brazil, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3635/87 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3635/87 of 17 November 1987 applying generalized tariff preferences for 1988 in respect of certain industrial products originating in developing countries (1), and in particular Article 16 thereof,
Whereas, pursuant to Articles 1 and 14 of Regulation (EEC) No 3635/87, suspension of customs duties shall be accorded to each of the countries or territories listed in Annex III, other than those listed in column 4 of Annex I, within the framework of the preferential tariff ceiling fixed in column 9 of Annex I;
Whereas, as provided for in Article 14 of that Regulation as soon as the individual ceilings in question are reached at Community level, the levying of customs duties on imports of the products in question originating in each of the countries and territories concerned may at any time be re-established;
Whereas, in the case of flags and paving falling within CN codes 6908 10 and 6908 90, the individual ceiling was fixed at 3 650 000 ECU;
Whereas, on 15 July 1988, imports of these products into the Community originating in Brazil reached the ceiling in question after being charged thereagainst;
Whereas it is appropriate to re-establish the levying of customs duties in respect of the products in question against Brazil,
HAS ADOPTED THIS REGULATION:
Article 1
As from 30 July 1988, the levying of customs duties, suspended pursuant to Regulation (EEC) No 3635/87, shall be re-established on imports into the Community of the following products originating in Brazil:
1.2.3 // // // // Order No // CN code // Description // // // // 10.0710 // 6908 10 6908 90 // Glazed ceramic flags and paving, hearth or wall tiles, glazed ceramic mosaic cubes and the like, whether or not on a backing // // //
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 2004/16/EC
of 12 February 2004
laying down the sampling methods and the methods of analysis for the official control of the levels of tin in canned foods
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption(1), as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council(2), and in particular Article 1 thereof,
Whereas:
(1) Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs(3), as last amended by Regulation (EC) No 242/2004(4) fixes maximum limits for inorganic tin in canned foodstuffs and makes reference to measures laying down the sampling and analysis methods to be used.
(2) Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs(5), as amended by Regulation (EC) No 1882/2003, introduces a system of quality standards for laboratories entrusted by the Member States with the official control of foodstuffs.
(3) It seems necessary to fix general criteria, which the method of analysis has to comply with in order to ensure that laboratories, in charge of the control, use methods of analysis with comparable levels of performance. It is also of major importance that analytical results are reported and interpreted in a uniform way in order to ensure a harmonised enforcement approach across the European Union. These interpretation rules are of application for the analytical result obtained on the sample for official control. In case of analysis for defence or referee purposes, the national rules apply.
(4) The provisions for the sampling and methods of analysis have been drawn up on the basis of present knowledge and they may be adapted to take account of advances in scientific and technological knowledge. Methods to analyse for total tin are appropriate for controls on inorganic tin. The possible presence of organic forms of tin are considered to be negligible in relation to the maximum levels set for inorganic tin.
(5) 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
The Member States shall take all measures necessary to ensure that the sampling for the official control of the levels of tin in foodstuffs is carried out in accordance with the methods described in Annex I to this Directive.
Article 2
The Member States shall take all measures necessary to ensure that sample preparation and methods of analyses used for the official control of the levels of tin in foodstuffs comply with the criteria described in Annex II to this Directive.
Article 3
The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive by 31 December 2004. 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, their provisions shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 4
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Directive is addressed to the Member States.
Done at Brussels, 12 February 2004. | [
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Commission Regulation (EC) No 2334/2001
of 30 November 2001
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 (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Commission Regulation (EC) No 1666/2000(2), and in particular the third subparagraph of Article 13(2) thereof,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(3), as last amended by Regulation (EC) No 1987/2001(4), 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(5) 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 (EEC) No 1766/92 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 December 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 November 2001. | [
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COUNCIL DIRECTIVE of 14 April 1975 concerning the restriction of the use of petroleum products in power stations (75/405/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 103 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (1);
Having regard to the Opinion of the Economic and Social Committee (2);
Whereas the implementation of a Community energy policy is one of the objectives that the Communities have set themselves ; whereas security of supply is a priority of Community energy policy;
Whereas electricity is a form of energy vital to modern society and its contribution to the Community's total energy requirements is on the increase;
Whereas the security of electricity supplies in the Member States of the Community can be improved by limiting the use of petroleum products in power stations;
Whereas the construction and the conversion of power stations using exclusively or mainly oil products should therefore be subject to an authorization by the authorities of the Member States;
Whereas electricity can be produced economically from various sources of primary energy;
Whereas conventional power stations can be equipped with multi-firing boilers using two or more fuels, including coal,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. The contruction of new power stations which will use oil fuels exclusively or mainly as well as the conversion of existing power stations to burn such fuels exclusively or mainly shall be subject to prior authorization by the authorities of the Member State responsible for this power station.
2. Authorization may be granted only in the following cases: - if the power station has a capacity of less than 10 MWe or is intended exclusively for the production of peak or reserve energy;
- if the petroleum products are used solely to ignite and to maintain the combustion of other products and if their total energy contribution remains small;
- if the petroleum fuel is a residual product that cannot be more efficiently employed for other purposes;
- if supplies of other fuels cannot be ensured or if their use cannot be considered for economic, technical or safety reasons;
- if special reasons relating to the protection of the environment necessitate the use of petroleum products in a power station.
3. Before granting authorization, the authorities of the Member States shall determine whether it is advisable, with a view to security of fuel supply, to equip the power station concerned for dual-firing, allowing the use of coal as a substitute fuel.
Article 2
Any authorization granted by a Member State pursuant to Article 1 shall be notified to the Commission, accompanied by a detailed statement of the reasons justifying the action taken.
Article 3
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1975 and shall inform the Commission thereof. (1)OJ No C 125, 16.10.1974, p. 59. (2)OJ No C 93, 7.8.1974, p. 79.
Article 4
More stringent national measures restricting the use of petroleum products in power stations and conforming with the provisions of the Directive may be maintained or adopted.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 14 April 1975. | [
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Council Decision
of 12 July 2002
authorising the Hellenic Republic to apply a measure derogating from Articles 2 and 28a of the Sixth Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes
(2002/736/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment(1), and in particular Article 27(1) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) By letter registered with the Secretariat-General of the Commission on 15 November 2001, the Greek Government requested authorisation to apply special tax measures to the recyclable waste sector.
(2) The other Member States were informed of that request on 22 November 2001.
(3) The derogation in question is to exempt the supplies and intra-Community acquisitions of recyclable waste, such as scrap iron, waste of iron and steel, glass, paper and board, by taxable persons whose sales of such products in the previous year amounted to less than EUR 900000. In addition, it is intended to exempt the supplies and intra-Community acquisitions of non-ferrous metal waste, regardless of the trader's gross turnover.
(4) Taxable persons whose transactions are covered by the exemptions set out in the special tax measures may, subject to the conditions laid down by the Hellenic Republic, be authorised not to apply the exemptions to their transactions.
(5) These special tax measures constitute an effective fraud-prevention measure in a sector in which collecting VAT is rendered particularly awkward by the difficulty of identifying and supervising activities.
(6) These special tax measures therefore satisfy the conditions laid down in Article 27 of Directive 77/388/EEC.
(7) In its communication of 7 June 2000 to the European Parliament and the Council, the Commission published a strategy to improve the operation of the VAT system in the short term including a rationalisation of the large number of derogations currently in force. In some cases, however, this rationalisation could involve extending particularly effective derogations to all Member States.
(8) It therefore seems advisable to grant the derogation until 31 December 2003, thereby permitting an assessment of its compatibility with the overall approach to the system of VAT, and in particular the rationalisation of derogations.
(9) The derogation has no adverse impact on the European Communities' own resources accruing from VAT,
HAS ADOPTED THIS DECISION:
Article 1
By way of derogation from Directive 77/388/EEC, the Hellenic Republic is hereby authorised to apply until 31 December 2003 special measures for the taxation of recyclable waste (hereafter called "the special regime").
Article 2
By way of derogation from Article 2 of Directive 77/388/EEC, the following shall be exempt from VAT:
(a) supplies of recyclable waste, such as scrap iron, waste of iron and steel, glass, paper and board, by traders with a turnover of less than EUR 900000;
(b) supplies of non-ferrous metals.
Article 3
By way of derogation from Article 28a(1)(a) of Directive 77/388/EEC, the following shall be exempt from VAT:
(a) intra-Community acquisitions of recyclable waste, such as scrap iron, waste of iron and steel, glass, paper and board, by traders with a turnover of less than EUR 900000;
(b) intra-Community acquisitions of non-ferrous metals.
Article 4
In order to calculate the ceiling of EUR 900000 under Articles 2 and 3, the turnover for non-ferrous metals may be disregarded.
Article 5
The Hellenic Republic shall allow those taxable persons who so request it, not to apply the special regime to their supplies and intra-Community acquisitions, under such conditions as it may see fit to ensure that the VAT obligations of the taxable person are properly met.
Article 6
This Decision is addressed to the Hellenic Republic.
Done at Brussels, 12 July 2002. | [
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COMMISSION REGULATION (EC) No 211/2007
of 27 February 2007
amending Regulation (EC) No 809/2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards financial information in prospectuses where the issuer has a complex financial history or has made a significant financial commitment
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC (1), and in particular Article 5(5) thereof,
Whereas:
(1)
Commission Regulation (EC) No 809/2004 of 29 April 2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards information contained in prospectuses as well as the format, incorporation by reference and publication of such prospectuses and dissemination of advertisements (2) sets out in detail the information which must be included in a prospectus, for different kinds of securities, in order to comply with Article 5(1) of that Directive. Those detailed information requirements cover, among other things, the financial information concerning the issuer which must be included in a prospectus in order to enable investors to understand the financial position of the issuer.
(2)
However, there are cases where the financial position of the issuer is so closely linked with that of other entities that financial information concerning those entities is indispensable for the purposes of giving full effect to Article 5(1) of Directive 2003/71/EC, that is to say, for complying with the obligation to include in the prospectus all the information necessary to enable the investor to make an informed assessment of the issuer’s financial position and prospects. Such cases may arise where the issuer has a complex financial history and those where the issuer has made a significant financial commitment.
(3)
In order to ensure, therefore, that Article 5(1) of Directive 2003/71/EC is not deprived of useful effect in those cases and to introduce a greater measure of legal certainty in this regard, it should be made clear that the information requirements laid down in Annex I to Regulation (EC) No 809/2004 are to be construed in that context as relating also to financial information concerning entities other than the issuer, where the omission of that information could prevent an investor from making an informed assessment of the issuer’s financial position.
(4)
In view of the fact that, under Article 3 of Regulation (EC) No 809/2004, the competent authorities may not request the inclusion of information for which no express provision is made in the Annexes, it is necessary to clarify the responsibilities of the competent authorities in this context.
(5)
Where an issuer has a complex financial history, the entire business undertaking of the issuer may not be covered by historical financial information relating to the issuer, but will be covered instead by financial information drawn up by another entity. This is likely to be the case where the issuer has made a significant acquisition not yet reflected in its own financial statements; where the issuer is a newly incorporated holding company; where the issuer is composed of companies that were under common control or ownership but which never formed a legal group; or where the issuer has been formed as a separate legal entity following the division of an existing business). In such cases, all or part of the business undertaking of the issuer will have been carried on by another entity during the period for which the issuer is required to provide historical financial information.
(6)
However, it is not currently possible to provide a comprehensive list of cases that should be treated as issuers with a complex financial history. It is likely that new and innovative forms of transaction might be developed that would fall outside the cases specified in any such list. It is therefore appropriate to provide a broad definition of the circumstances in which an issuer should be treated as having a complex financial history.
(7)
An issuer should be treated as having made a significant financial commitment where it has entered into a binding agreement to acquire or dispose of a significant entity or business, which is not yet completed at the date of the approval of the prospectus. It is appropriate that such cases should be subject to the same information requirements as apply where the issuer has already completed an acquisition or disposal, provided that the agreed transaction, on completion, would give rise to a significant gross change in the assets and liabilities and earnings of the issuer.
(8)
Since cases where the issuer has a complex financial history or has made a significant financial commitment are atypical, and indeed may be unique, it is not possible to specify the information needed to fulfil the standard specified by Directive 2003/71/EC for every conceivable case. Accordingly, the supplementary information to be required should be whatever is necessary, in each particular case, to ensure that the prospectus satisfies the obligation laid down in Article 5(1) of Directive 2003/71/EC. It is therefore appropriate that the competent authority of the issuer should determine on a case by case basis the information required (if any). The fact that a competent authority may request such additional information should not require the competent authority to apply a higher standard of scrutiny to that information, or to the prospectus in general, than that which may be derived from Article 13 of Directive 2003/71/EC.
(9)
Given the complexity of circumstances of each specific case, it would be neither practicable nor efficient to specify detailed rules to be applied by competent authorities uniformly to all cases. It is necessary to provide for a flexible approach so as to ensure, on the one hand, that disclosure requirements are effective and proportionate and, on the other hand, that the investor is adequately protected through the provision of sufficient and appropriate information.
(10)
Supplementary financial information should not be requested in cases where the financial information provided in the audited consolidated financial statements of the issuer itself, in any pro forma information, or in any financial information prepared using merger accounting (where permitted by the applicable accounting standards) is likely to be sufficient to enable investors to make an informed assessment of the assets and liabilities, financial position, profit and losses, and prospects of the issuer and of any guarantor, and of the rights attaching to such securities.
(11)
It is appropriate, given the fact that the need for further information can arise only where the prospectus concerns shares or other securities giving rights to shares, that, when determining whether such a need has arisen in the individual case, the competent authorities should base their examination on the requirements laid down in item 20.1 of Annex I to Regulation (EC) No 809/2004 as regards the content of financial information and the applicable accounting and auditing principles. A competent authority should not impose requirements that go beyond those laid down in item 20.1 of Annex I, or make them more onerous. However, it should be possible to adjust their application of those requirements in the light of characteristics of the individual case relating to the precise nature of the securities, the economic substance of the transactions by which the issuer has acquired its business undertaking, the specific nature of that undertaking, and the range of information that is already included in the prospectus.
(12)
When making that determination, competent authorities should have regard to the principle of proportionality. In cases where there are alternative ways of satisfying the obligation laid down in Article 5(1) of Directive 2003/71/EC through the disclosure of different kinds of supplementary financial information, or the presentation of that information in different formats, the competent authority should not require the issuer to satisfy that obligation in a way that is more costly or onerous than an adequate alternative.
(13)
Furthermore, competent authorities should have regard to whether an issuer has access to financial information relating to another entity: it would not be proportionate to require the inclusion of such information where the issuer cannot obtain that information with reasonable effort. This consideration is likely to be relevant, in particular, in the context of a hostile takeover. Similarly, it may not be proportionate to require the inclusion of financial information which does not exist at the time when the prospectus is drawn up, or to require the auditing or restatement of supplementary financial information if the costs to the issuer of complying with that requirement outweigh any potential benefit to the investor.
(14)
Regulation (EC) No 809/2004 should therefore be amended accordingly.
(15)
The Committee of European Securities Regulators (CESR) has been consulted for technical advice,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 809/2004 is amended as follows:
1.
In the second paragraph of Article 3, the second sentence is replaced by the following:
‘Subject to Article 4a(1), a competent authority shall not request that a prospectus contain information items which are not included in Annexes I to XVII.’
2.
The following Article 4a is inserted:
‘Article 4a
Share registration document schedule in cases of complex financial history or significant financial commitment
1. Where the issuer of a security covered by Article 4(2) has a complex financial history, or has made a significant financial commitment, and in consequence the inclusion in the registration document of certain items of financial information relating to an entity other than the issuer is necessary in order to satisfy the obligation laid down in Article 5(1) of Directive 2003/71/EC, those items of financial information shall be deemed to relate to the issuer. The competent authority of the home Member State shall in such cases request that the issuer, the offeror or the person asking for admission to trading include those items of information in the registration document.
Those items of financial information may include pro forma information prepared in accordance with Annex II. In this context, where the issuer has made a significant financial commitment any such pro forma information shall illustrate the anticipated effects of the transaction that the issuer has agreed to undertake, and references in Annex II to “the transaction” shall be read accordingly.
2. The competent authority shall base any request pursuant to paragraph 1 on the requirements set out in item 20.1 of Annex I as regards the content of financial information and the applicable accounting and auditing principles, subject to any modification which is appropriate in view of any of the following factors:
(a)
the nature of the securities;
(b)
the nature and range of information already included in the prospectus, and the existence of financial information relating to an entity other than the issuer in a form that might be included in a prospectus without modification;
(c)
the facts of the case, including the economic substance of the transactions by which the issuer has acquired or disposed of its business undertaking or any part of it, and the specific nature of that undertaking;
(d)
the ability of the issuer to obtain financial information relating to another entity with reasonable effort.
Where, in the individual case, the obligation laid down in Article 5(1) of Directive 2003/71/EC may be satisfied in more than one way, preference shall be given to the way that is the least costly or onerous.
3. Paragraph 1 is without prejudice to the responsibility under national law of any other person, including the persons referred to in Article 6(1) of Directive 2003/71/EC, for the information contained in the prospectus. In particular, those persons shall be responsible for the inclusion in the registration document of any items of information requested by the competent authority pursuant to paragraph 1.
4. For the purposes of paragraph 1, an issuer shall be treated as having a complex financial history if all of the following conditions apply:
(a)
its entire business undertaking at the time that the prospectus is drawn up is not accurately represented in the historical financial information which it is required to provide under item 20.1 of Annex I;
(b)
that inaccuracy will affect the ability of an investor to make an informed assessment as mentioned in Article 5(1) of Directive 2003/71/EC; and
(c)
information relating to its business undertaking that is necessary for an investor to make such an assessment is included in financial information relating to another entity.
5. For the purposes of paragraph 1, an issuer shall be treated as having made a significant financial commitment if it has entered into a binding agreement to undertake a transaction which, on completion, is likely to give rise to a significant gross change.
In this context, the fact that an agreement makes completion of the transaction subject to conditions, including approval by a regulatory authority, shall not prevent that agreement from being treated as binding if it is reasonably certain that those conditions will be fulfilled.
In particular, an agreement shall be treated as binding where it makes the completion of the transaction conditional on the outcome of the offer of the securities that are the subject matter of the prospectus or, in the case of a proposed takeover, if the offer of securities that are the subject matter of the prospectus has the objective of funding that takeover.
6. For the purposes of paragraph 5 of this Article, and of item 20.2 of Annex I, a significant gross change means a variation of more than 25 %, relative to one or more indicators of the size of the issuer's business, in the situation of an issuer.’
3.
In the first paragraph of item 20.1 of Annex I, and items 20.1 and 20.1 bis of Annex X, the following sentence is inserted in each case after the first sentence:
‘If the issuer has changed its accounting reference date during the period for which historical financial information is required, the audited historical information shall cover at least 36 months, or the entire period for which the issuer has been in operation, whichever is the shorter.’
4.
In the first paragraph of item 13.1 of Annex IV, items 8.2 and 8.2 bis of Annex VII, item 11.1 of Annex IX, and item 11.1 of Annex XI, the following sentence is inserted in each case after the first sentence:
‘If the issuer has changed its accounting reference date during the period for which historical financial information is required, the audited historical information shall cover at least 24 months, or the entire period for which the issuer has been in operation, whichever is the shorter.’
Article 2
Entry into force
This Regulation shall enter into force the day after 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 DECISION of 18 April 1997 adjusting the boundaries of the less-favoured areas in Spain within the meaning of Council Directive 75/268/EEC (Only the Spanish text is authentic) (97/306/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (1), as last amended by Regulation (EEC) No 797/85 (2), and in particular Article 2 (3) thereof,
Whereas Council Directive 86/466/EEC of 14 July 1986 concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (3), as last amended by Directive 91/465/EEC (4), identifies the parts of Spain included in the Community list of less-favoured areas within the meaning of Article 3 (3), (4) and (5) of Directive 75/268/EEC;
Whereas the Spanish Government has requested, in accordance with Article 2 (1) of Directive 75/268/EEC, modification of the boundaries of the less-favoured areas listed in the Annexes to Directive 86/466/EEC and to Commission Decision 89/566/EEC (5) in order to take account of administrative changes in the areas concerned;
Whereas the inclusion of new communes in the lists of areas within the meaning of Article 3 (3) and (5) of Directive 75/268/EEC and the transfer of certain communes from the lists of areas within the meaning of Article 3 (4) and (5) thereof to the list of areas within the meaning of the said Article 3 (3) respect the indices and values used, as stated in Directive 86/466/EEC, to demarcate the respective areas;
Whereas the amendments sought by the Spanish Government pursuant to Article 2 (3) of Directive 75/268/EEC do not result in an increase in the utilized agricultural area of the less-favoured areas and thus do not affect the limit set in that Article;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Committee on Agricultural Structures and Rural Development,
HAS ADOPTED THIS DECISION:
Article 1
The list of less-favoured areas in Spain in the Annex to Directive 86/466/EEC, as amended by the Annex to Decision 89/566/EEC and by Directive 91/465/EEC, is hereby supplemented by the list in the Annex to this Decision.
Article 2
This Decision is addressed to the Kingdom of Spain.
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*****
COUNCIL DIRECTIVE
of 19 September 1983
amending for the fifth time (asbestos) Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations
(83/478/EEC)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the use of asbestos and certain products containing it can release, to the detriment of human health, fibres and dusts which can cause asbestosis and cancer;
Whereas prevention is the best way of protecting human health;
Whereas a very effective way of protecting human health and the environment is to prohibit the use of certain fibres, such as crocidolite (blue asbestos), which according to some scientific sources are particularly dangerous;
Whereas, however, there is at present no possibility of a total ban on crocidolite; whereas it would be unreasonable to suggest that all products containing it should be withdrawn from the market in view of the fact that the handling of these products for the purpose of withdrawing or destroying them would be a source of danger to human health, because fibres would be released in the process;
Whereas certain products containing crocidolite such as seals and asbestos-cement pipes or torque converters cannot wholly be replaced in the near future at Community level by substitutes with at least equivalent properties;
Whereas it is necessary to provide for special labelling indicating the risks involved in using products containing asbestos fibres;
Whereas the labelling of these products is subject in some Member States to regulations which differ as to the conditions for marketing;
Whereas this Directive restricts the placing on the market and use of crocidolite and products containing crocidolite fibres;
Whereas restrictions on the placing on the market and use of other asbestos fibres and of products containing those fibres may further increase protection of human health; whereas, pending Community provisions on such restrictions, harmonization measures relating to those fibres or products are confined to provisions relating to labelling;
Whereas it is necessary to review periodically the exemption system laid down in this Directive in the light of technical and scientific progress and taking into account the possibility of substituting less-dangerous substances for crocidolite, with a view to making appropriate amendments where necessary;
Whereas prohibitions on certain asbestos fibres and the various provisions on labelling imposed by certain Member States affect the functioning of the common market; whereas it is therefore necessary to approximate the relevant laws, regulations and administrative provisions in the Member States and to amend accordingly the Annex to Directive 76/769/EEC (4), as last amended by Directive 83/264/EEC (5),
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Annex to Directive 76/769/EEC shall become Annex I.
Article 2
The following point 5 is hereby added to Annex I to Directive 76/769/EEC:
'5. Asbestos fibres
1.2 // 5.1. Crocidolite CAS No 12001-28-4 (*) // 5.1. The placing on the market and use of this fibre and of products containing it shall be prohibited. // // Each Member State may, however, allow products containing this fibre to be placed on the market until 30 June 1988, provided that they have been manufactured before 1 January 1986. // // Each Member State may also be exempt from the prohibition on use of products containing this fibre provided that they have been manufactured, placed on the market or used before 1 January 1986. // // Without prejudice to the provisions contained in other Community Directives, Member States may also exclude from this prohibition the products below, including fibres and semi-finished products essential to their manufacture: // // (a) asbestos-cement pipes; // // (b) acid and temperature-resisting seals, gaskets, gland packings and flexible compensators; // // (c) torque converters. // 5.2. All asbestos fibres: Crocidolite, CAS No 12001-28-4 Chrysotile, CAS No 12001-29-5 Amosite, CAS No 12172-73-5 Anthopyllite, CAS No 77536-67-5 Actinolite, CAS No 77536-66-4 Tremolite, CAS No 77536-68-6 // 5.2. Without prejudice to point 5.1, the placing on the market and the use of products containing these fibres may be permitted only if the products bear a label in accordance with the provisions of Annex II.
(*) Number in the register of the Chemical Abstract Service.'
Article 3
The following Annex II is hereby added to Directive 76/769/EEC:
'ANNEX II
Special provisions on the labelling of products containing asbestos
1. All products containing asbestos or the packaging thereof shall bear the label defined as follows:
(a) the label conforming to the specimen below shall be at least 5 cm high (H) and 2,5 cm wide;
(b) it shall consist of two parts:
- the top part (h1 = 40 % H) shall include the letter 'a' in white, on a black background,
- the bottom part (h2 = 60 % H) shall include the standard wording in white and/or black, on a red background, and shall be clearly legible;
(c) if the product contains crocidolite, the words 'contains asbestos' used in the standard wording shall be replaced by 'contains crocidolite/blue asbestos'.
Member States may exclude from the provision of the first subparagraph hereof products intended to be placed on the market in their territory. The labelling of these products must however bear the wording 'contains asbestos';
1.2 // // White 'a' on a black background // // Standard wording in white and/or black on a red background
(d) if labelling takes the form of direct printing on the products, a single colour contrasting with the background colour is sufficient.
2. The label mentioned in this Annex shall be affixed in accordance with the following rules:
(a) on each of the smallest units supplied;
(b) if a product has asbestos-based components, it is sufficient for these components only to bear the label. The labelling may be dispensed with if smallness of size or unsuitability of packaging make it impossible for a label to be affixed to the component.
3. Labelling of packaged products containing asbestos
3.1. The following particulars shall appear on clearly legible and indelible labelling on the packaging of packaged products containing asbestos:
(a) the symbol and relevant indications of danger in accordance with this Annex;
(b) safety instructions which must be selected in accordance with the particulars in this Annex, inasmuch as they are relevant for the particular product.
Where additional safety information is provided on the packaging, this shall not weaken or contradict the particulars given in accordance with (a) and (b).
3.2. Labelling in accordance with 3.1 shall be effected by means of:
- a label firmly affixed to the packaging, or
- a (tie-on) label securely attached to the package, or
- direct printing of the packaging. 3.3. Products containing asbestos and which are packaged only in loose plastic wrapping or the like shall be regarded as packaged products and shall be labelled in accordance with 3.2. If products are separated from such packages and placed on the market unpackaged, each of the smallest units supplied shall be accompanied by labelling particulars in accordance with 3.1.
4. Labelling of unpackaged products containing asbestos
For unpackaged products containing asbestos, labelling in accordance with 3.1 shall be effected by means of:
- a label firmly affixed to the product containing asbestos,
- a (tie-on) label securely attached to such product,
- direct printing on the products,
or, if the abovementioned is not reasonably practicable as in the case of, for example, smallness of size of the product, the unsuitable nature of the product's properties or certain technical difficulties by means of a hand-out with labelling in accordance with 3.1.
5. Without prejudice to Community provisions on safety and hygiene at work, the label affixed to the product which may, in the context of its use, be processed or finished, should be accompanied by any safety instructions which may be appropriate for the product concerned, and in particular by the following:
- operate if possible out of doors or in a well-ventilated place,
- preferably use hand tools or low-speed tools equipped, if necessary, with an appropriate dust-extraction facility. If high-speed tools are used, they should always be equipped with such a facility,
- if possible, dampen before cutting or drilling,
- dampen dust and place it in a properly closed receptacle and dispose of it safely.
6. The labelling of any product intended for domestic use which is not covered by 5 and which is likely, during use, to release asbestos fibres should, if necessary, contain the following safety instruction: 'replace when worn'.
7. Member States may make the placing on the market in their territory of products containing asbestos subject to the use of their official language or languages on the labelling.'
Article 4
1. Member States shall bring into force the provisions necessary to comply with this Directive within 30 months of its notification (1). They shall forthwith inform the Commission thereof.
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 5
This Directive is addressed to the Member States.
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Commission Regulation (EC) No 870/2002
of 24 May 2002
on the issuing of A1 export licences for 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 1961/2001 of 8 October 2001 on detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables(1), and in particular Article 2(3) thereof,
Whereas:
(1) Commission Regulation (EC) No 2428/2001(2) sets the quantities for which A1 export licences, other than those requested in the context of food aid, may be issued.
(2) Article 2 of Regulation (EC) No 1961/2001 sets the conditions under which special measures may be taken by the Commission with a view to avoiding an overrun of the quantities for which A1 licences may be issued.
(3) The Commission has received information which indicates that those quantities, reduced or increased by the quantities referred to in Article 2(3) of Regulation (EC) No 1961/2001, would be exceeded if A1 licences were issued without restriction for shelled almonds in response to applications submitted since 17 May 2002. Therefore, one percentage should be fixed for the issuing of licences for quantities applied for on 17 May 2002 and applications for A1 licences submitted later in that application period should be rejected,
HAS ADOPTED THIS REGULATION:
Article 1
A1 export licences for shelled almonds for which applications were submitted on 17 May 2002 pursuant to Article 1 of Regulation (EC) No 1184/2001 shall be issued for 80,7 % of the quantities applied for.
Applications for A1 export licences submitted after 17 May 2002 and before 22 June 2002 for this product shall be rejected.
Article 2
This Regulation shall enter into force on 25 May 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 97/2004
of 21 January 2004
correcting Regulations (EC) No 2281/2003 and (EC) No 2299/2003 determining the world market price for unginned cotton
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Protocol 4 on cotton (1), annexed to the Act of Accession of Greece,
Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton (2), and in particular Article 4 thereof,
Whereas:
(1)
The average dollar rates on which Commission Regulations (EC) No 2281/2003 (3) and (EC) No 2299/2003 (4) are based are wrong. The said Regulations should therefore be corrected.
(2)
It should be possible at the request of the interested party for the corrections to apply from the date of entry into force of the corrected Regulations,
HAS ADOPTED THIS REGULATION:
Article 1
Article 1 of Regulation (EC) No 2281/2003 is hereby replaced by the following:
‘Article 1
The world price for unginned cotton as referred to in Article 4 of Regulation (EC) No 1051/2001 is hereby determined as equalling EUR 32,077/100 kg.’
Article 2
Article 1 of Regulation (EC) No 2299/2003 is hereby replaced by the following:
‘Article 1
The world price for unginned cotton as referred to in Article 4 of Regulation (EC) No 1051/2001 is hereby determined as equalling EUR 31,820/100 kg.’
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
At the request of the interested party, Article 1 shall apply from 23 December 2003.
At the request of the interested party, Article 2 shall apply from 24 December 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 January 2004. | [
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COMMISSION DECISION of 24 July 1981 amending for the sixth time Decision 78/360/EEC authorizing several Member States to sell butter at a reduced price in the form of concentrated butter (Only the German text is authentic) (81/641/EEC)
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 the Act of Accession of Greece, and in particular Article 6 (7) thereof,
Having regard to Council Regulation (EEC) No 985/68 of 15 July 1968 laying down general rules for intervention on the market in butter and cream (2), as last amended by the Act of Accession of Greece, and in particular Article 7a thereof,
Whereas Commission Regulation (EEC) No 649/78 (3), as last amended by Regulation (EEC) No 3474/80 (4), provides that the Member States may be authorized to sell butter at a reduced price from public storage or to grant aid in respect of butter from private storage for the purpose of its release for direct consumption as concentrated butter;
Whereas several Member States were authorized by Commission Decision 78/360/EEC (5), as last amended by Decision 81/125/EEC (6), to sell butter at a reduced price in the form of concentrated butter ; whereas the Federal Republic of Germany has requested authorization to sell a further quantity of 1 250 tonnes of butter in order to continue the operation ; whereas the said Member State is in a position to guarantee that the butter in question will reach its prescribed destination ; whereas it is necessary to accede to this request, and accordingly to amend the said Decision;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 1 (2) of Decision 78/360/EEC, the quantity of 15 000 tonnes shown for the Federal Republic of Germany is replaced by the quantity of 16 250 tonnes.
Article 2
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 24 July 1981. | [
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COMMISSION REGULATION (EEC) No 86/93 of 19 January 1993 on detailed rules for the application of Council Regulation (EEC) No 2077/92 concerning inter-branch organizations and agreements in the tobacco sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2077/92 of 30 June 1992 concerning inter-branch organizations and agreements in the tobacco sector (1), and in particular Article 12 thereof,
Whereas, in order to be sufficiently representative of the region it covers, an inter-branch organization must cover at least one-third of the quantities produced, processed or purchased by the member of each of the branches; whereas to avoid imbalances between regions it must, if it operates in a number of regions, meet this requirement in all of them;
Whereas it should be specified that trade in tobacco covers, in addition to the business of tobacco merchants, direct purchase of baled tobacco by its final users;
Whereas the information that inter-branch organizations must provide to the Commission, when it is responsible for their recognition, should be specified;
Whereas withdrawal of recognition must in general be made effective from the time at which the requirements for recognition ceased to be met; whereas it should, however, be made possible for this retroactive effect to be restricted as the circumstances warrant;
Whereas it should be specified that the minimum degree of representation of inter-branch organizations operating inter-regionally must be the same as that laid down for regional inter-branch organizations;
Whereas subscriptions imposed on non-members under Articles 9 (7) or (10 (1) of Regulation (EEC) No 2077/92 must be determined on a sound and verifiable basis;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Tobacco,
HAS ADOPTED THIS REGULATION:
Article 1
An inter-branch organization shall be considered representative at regional level for the purposes of Article 3 (1) (b) of Regulation (EEC) No 2077/92 if it accounts for at least one-third of the quantities produced, processed or purchased by the members of each of the branches it covers who are engaged in the production or first processing of, or trading in, the tobacco or groups of tobacco varieites covered by the organization's activities.
If an organization is inter-regional or Community-wide in scope, it must meet these requirements in each of the regions in question.
Trade in tobacco shall include the manufacture of tobacco products.
Article 2
Pursuant to Article 4 of Regulation (EEC) No 2077/92 applications for recognition made by inter-branch organizations carrying out their activities throughout, or in part of, the territories of several Member States or throughout the Community shall be addressed to the Commission and accompanied by documentation showing
- that they pursue a number of the activities listed in Article 3 of that Regulation,
- the geographical scope of their activities,
- that they have been established under the legislation of a Member State of under Community law,
- that they meet the representation requirements indicated in Article 1.
Inter-branch organizations shall transmit to the Commission all other documentation needed for determining the scope of their activities.
Article 3
Withdrawal of recognition pursuant to Articles 3 (3) or 4 (3) of Regulation (EEC) No 2077/92 shall be effective from the time at which the requirements for recognition cease to be met.
The decision to withdraw recognition may, however, be made of restrictive application depending on the grounds for withdrawal and the acts that have occurred.
Article 4
For the purposes of application of the second subparagraph of Article 8 (1) of Regulation (EEC) No 2077/92, where a proposed extension is of inter-regional scope the inter-branch organizations concerned must represent, in each of the regions and for each of the branches in question, at least two-thirds of the production and/or trade in question.
Article 5
Where an inter-branch organization requests that individuals or groups not belonging to it be required under Articles 9 (7) or 10 (1) of Regulation (EEC) No 2077/92 to pay subscriptions, the organization shall provide the Member State or the Commission, as appropriate, with all information needed to determine the subscription amount to be paid. The Member State or the Commission may carry out whatever inspection of the organization it considers necessary.
Article 6
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 January 1993. | [
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COMMISSION DECISION of 7 March 1995 repealing Decision 91/146/EEC concerning protective measures against cholera in Peru (Text with EEA relevance) (95/175/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 19 thereof,
Whereas Commission Decision 91/146/EEC of 19 March 1991 concerning protective measures against cholera in Peru (2), as last amended by Decision 92/472/EEC (3), was adopted because of the development of a cholera epidemic in that country;
Whereas according to the World Health Organization the cholera situation in Peru no longer presents a serious risk to public health; whereas, therefore, Decision 91/146/EEC should be repealed and the importation of fishery products from Peru subject to the provisions of Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (4), as last amended by the Act of Accession of Austria, Finland and Sweden;
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
Decision 91/146/EEC is hereby repealed with effect from 1 February 1995.
Article 2
This Decision is addressed to the Member States.
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Commission Regulation (EC) No 1132/2002
of 27 June 2002
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 (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 1666/2000(2), and in particular Article 13(3) thereof,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organization of the market in rice(3), as last amended by Commission Regulation (EC) No 411/2002(4), and in particular Article 13(3) thereof,
Whereas:
(1) Article 13 of Regulation (EEC) No 1766/92 and Article 13 of Regulation (EC) No 3072/95 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 13 of Regulation (EC) No 3072/95 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(5), as amended by Regulation (EC) No 2993/95(6), 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 pregelatinized 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(1)(d) of Regulation (EEC) No 1766/92 and in Article 1(1)(c) of Regulation (EC) No 3072/95 and subject to 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 1 July 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Decision
of 21 November 2001
on a Community financial contribution to cover expenditure incurred by Austria, Portugal and Finland for the purpose of combating organisms harmful to plants or plant products
(notified under document number C(2001) 3684)
(Only the German, Portuguese, Finnish and Swedish texts are authentic)
(2001/811/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(1) on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ('the Directive'), as amended by Commission Directive 2001/33/EC(2) and in particular Article 23 thereof,
Whereas:
(1) Pursuant to the Directive, a financial contribution from the Community may be granted to Member States to cover expenditure relating directly to the necessary measures which have been taken or are planned to be taken for the purpose of combating harmful organisms introduced from third countries or from other areas in the Community, in order to eradicate or, if that is not possible, to contain them.
(2) Austria, Portugal and Finland have applied for the allocation of such a Community financial contribution within the time limit set out in the Directive.
(3) Austria, Portugal and Finland have each established a programme of actions to eradicate organisms harmful to plants introduced in their territories. These programmes specify the objectives to be achieved, the measures carried out, their duration and their cost so that the Community may contribute to financing it.
(4) In derogation to the common practice of submitting eradication programmes dealing with actions taken during one or more years, for technical reasons, Portugal has submitted the programme Bursaphelenchus xylophilus related to actions implemented in the first 18 months of the eradication programme.
(5) The Community financial contribution may cover up to 50 % of eligible expenditure. Excluding those programmes for which degression has to be applied, the Community financial contribution for the purposes of this Decision is set in general to 50 %, noting that the programmes received have been treated in equal way.
(6) An extension, of one, two or three years of the period in which eradication measures have to take place, as foreseen in Article 23(5), third subparagraph of the Directive, has been granted to certain programmes as the examination of the situation has lead to the conclusion that the objective of the above eradication measures is likely to be achieved within that extended period.
(7) The Community financial contribution for the programmes, running for more than two years and covered by this Decision, has been degressive in particular for the yearly average in the 4th, 5th and 6th year for Ralstonia and in the 3rd, 4th and 5th year for TSWV-TYLCV respectively, in Portugal.
(8) The expenditure which Austria, Portugal and Finland have incurred, and taken into account in this Decision, relates directly to the matters specified in Article 23(2)(a) and Article 23(2)(b) of the Directive.
(9) The technical information provided for by Austria, Portugal and Finland has enabled the Commission to analyse the situation accurately and comprehensively; the information has also been considered in detail by the Standing Committee on Plant Health.
(10) The contribution referred to in Article 2 is without prejudice to further actions taken or to be taken and necessary for the achievement of the objective of eradication or control of the relevant harmful organisms.
(11) The present Decision is without prejudice to the outcome of the verification by the Commission under Article 24 of the Directive on whether the introduction of the relevant harmful organism has been caused by inadequate examinations or inspections and the consequences of such verification.
(12) The measures provided in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
Article 1
The allocation of a Community financial contribution to cover expenditure incurred by Austria, Portugal and Finland relating directly to necessary measures as specified in Article 23(2) of Directive 2000/29/EC and taken for the purpose of combating the organisms concerned by the eradication programmes listed in the Annex to this Decision, is hereby approved.
Article 2
1. The total amount of the financial contribution referred to in Article 1 is EUR 860422.
2. The maximum amounts of the Community financial contribution for each eradication programme and for each year of implementation of the eradication programme shall be as indicated in the Annex to this Decision.
3. The resulting maximum Community financial contribution for the concerned Member States shall be as follows:
- EUR 71375 to Austria,
- EUR 732624 to Portugal,
- EUR 56423 to Finland.
Article 3
1. Subject to the verifications by the Commission under Article 24 of Directive 2000/29/EC, the Community financial contribution shall be paid only when evidence of the measures taken has been given to the Commission through documentation related to the occurrence and the eradication of the relevant harmful organisms.
2. The documentation referred to in paragraph 1 shall be included in an application including:
(a) general information on the appearance of the relevant harmful organism, including details as to the date on which its presence was suspected or confirmed, and the presumed cause of the appearance;
(b) the description of the eradication programme, including the measures taken or planned and the expected duration and, when available, a monitoring programme; except in duly justified cases, the duration shall be no more than two years;
(c) the inspections, testing and other actions undertaken to determine the nature and extent of the appearance of the relevant harmful organism;
(d) list of holdings on which plants and plant products were destroyed, indicating:
- the location and address of the holding,
- the quantity of plants and plant products destroyed;
(e) list of beneficiaries and their addresses, and the amounts excluding VAT and taxes, paid or to be paid for carrying out the necessary measures;
(f) a copy of the notification of interception, in accordance with Article 16(1) or (2) of Directive 2000/29/EC;
(g) a summary table of inspections and analyses indicating, inter alia, their dates, the method and the Unit costs;
(h) the official notification requiring the destruction and official certification, including the description of the methods of destruction and/or disinfection;
(i) proof or evidence of the above payments.
Article 4
This Decision is addressed to the Austrian Republic, the Portuguese Republic and the Finnish Republic.
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COMMISSION DIRECTIVE 2009/122/EC
of 14 September 2009
amending, for the purposes of its adaptation to technical progress, Annex II to Directive 96/73/EC of the European Parliament and of the Council on certain methods for quantitative analysis of binary textile fibre mixtures
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 96/73/EC of the European Parliament and of the Council of 16 December 1996 on certain methods for quantitative analysis of binary textile fibre mixtures (1), and in particular Article 5 thereof,
Whereas:
(1)
Directive 2008/121/EC of the European Parliament and the Council of 14 January 2009 on textile names (2) requires labelling to indicate the fibre composition of textile products, with checks being carried out by analysis on the conformity of these products with indications given on the label.
(2)
Uniform methods for quantitative analysis of binary textile fibre mixtures are provided for in Directive 96/73/EC.
(3)
On the basis of recent findings by the technical working group, Directive 2008/121/EC was adapted to technical progress, by adding the fibre melamine to the list of fibres set out in Annexes I and V to that Directive.
(4)
It is therefore, necessary to define uniform test methods for melamine.
(5)
Directive 96/73/EC should therefore be amended accordingly.
(6)
The measures provided for in this Directive are in accordance with the opinion of the Committee for Directives relating to Textile Names and Labelling,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex II to Directive 96/73/EC is amended in accordance with the Annex to this Directive.
Article 2
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 September 2010 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 14 September 2009. | [
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Commission Decision
of 28 October 2003
amending Decision 2003/526/EC concerning protection measures relating to classical swine fever in Belgium, France, Germany and Luxembourg
(notified under document number C(2003) 3943)
(Text with EEA relevance)
(2003/772/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) In response to classical swine fever in certain parts of Belgium, Germany, France and Luxembourg, the Commission has adopted several Decisions, in particular Decision 2003/526/EC(3).
(2) In the light of the current epidemiological situation it is appropriate to prolong the measures adopted by Decision 2003/526/EC until 30 April 2004.
(3) Decision 2003/526/EC should therefore be amended accordingly.
(4) 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
In Article 11 of Decision 2003/526/EC the words "30 October 2003" are replaced by the words "30 April 2004".
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 28 October 2003. | [
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COMMISSION REGULATION (EC) No 1031/2008
of 19 September 2008
amending 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 (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Articles 9 and 12 thereof,
Whereas:
(1)
Regulation (EEC) No 2658/87 established a goods nomenclature, hereinafter referred to as the ‘Combined Nomenclature’, to meet, at one and the same time, the requirements of the Common Customs Tariff, the external trade statistics of the Community, and other Community policies concerning the importation or exportation of goods.
(2)
In the interests of legislative simplification, it is appropriate to modernise the Combined Nomenclature and to adapt its structure.
(3)
It is necessary to amend the Combined Nomenclature, in order to take account of the following: changes in requirements relating to statistics and to commercial policy, changes made in order to fulfil international commitments, technological and commercial developments, and the need to align or clarify texts.
(4)
In accordance with Article 12 of Regulation (EEC) No 2658/87, Annex I to that Regulation should be replaced, with effect from 1 January 2009, by a complete version of the Combined Nomenclature, together with the autonomous and conventional rates of duty resulting from measures adopted by the Council or by the Commission.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EEC) No 2658/87 is replaced by the text set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 1 January 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION DECISION
of 19 February 2009
on a Community financial contribution for 2008 to cover expenditure incurred by Germany, the Netherlands and Slovenia for the purpose of combating organisms harmful to plants or plant products
(notified under document number C(2009) 1013)
(Only the Dutch, German and Slovenian texts are authentic)
(2009/147/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), and in particular Article 23 thereof,
Whereas:
(1)
Pursuant to Directive 2000/29/EC, a financial contribution from the Community may be granted to Member States to cover expenditure relating directly to the necessary measures which have been taken or are planned to be taken for the purpose of combating harmful organisms introduced from third countries or from other areas in the Community, in order to eradicate or, if that is not possible, to contain them.
(2)
Germany, the Netherlands and Slovenia have each established a programme of actions to eradicate organisms harmful to plants introduced in their territories. These programmes specify the objectives to be achieved, the measures carried out, their duration and their cost. Germany, the Netherlands and Slovenia have applied for the allocation of a Community financial contribution to these programmes within the time limit set out in Directive 2000/29/EC and in accordance with Commission Regulation (EC) No 1040/2002 of 14 June 2002 establishing detailed rules for the implementation of the provisions relating to the allocation of a financial contribution from the Community for plant health control and repealing Regulation (EC) No 2051/97 (2).
(3)
The technical information provided by Germany, the Netherlands and Slovenia has enabled the Commission to analyse the situation accurately and comprehensively and to conclude that the conditions for the granting of a Community financial contribution, as laid down in particular in Article 23 of Directive 2000/29/EC, have been met. Accordingly, it is appropriate to provide a Community financial contribution to cover the expenditure on these programmes.
(4)
The Community financial contribution may cover up to 50 % of eligible expenditure. However, in accordance with Article 23(5) third paragraph of Directive 2000/29/EC, the rate of the Community financial contribution for part of the programme presented by the Netherlands for the control of Diabrotica virgifera virgifera Le Conte should be reduced as the programme notified by this Member State has already been the subject of Community funding under Commission Decision 2007/877/EC (3).
(5)
In accordance with Article 24 of Directive 2000/29/EC the Commission shall ascertain whether the introduction of the relevant harmful organism has been caused by inadequate examinations or inspections and adopt the measures required by the findings from its verification.
(6)
In accordance with Article 3(2)(a) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (4), plant health measures are to be financed from the European Agricultural Guarantee Fund. For the purpose of financial control of these measures Articles 9, 36 and 37 of the above Regulation shall apply.
(7)
The measures provided in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
Article 1
The allocation of a Community financial contribution for 2008 to cover expenditure incurred by Germany, the Netherlands and Slovenia relating to necessary measures as specified in Article 23(2) of Directive 2000/29/EC and taken for the purpose of combating the organisms concerned by the eradication programmes listed in the Annex is hereby approved.
Article 2
1. The total amount of the financial contribution referred to in Article 1 is EUR 871 953.
2. The maximum amounts of the Community financial contribution for each of the programmes shall be as indicated in the Annex.
Article 3
The Community financial contribution as set out in the Annex shall be paid on the following conditions:
(a)
evidence of the measures taken has been given in accordance with the provisions laid down in Regulation (EC) No 1040/2002.
(b)
a request for payment has been submitted by the Member State concerned to the Commission, in accordance with Article 5 of Regulation (EC) No 1040/2002.
The payment of the financial contribution is without prejudice to the verifications by the Commission under Article 24 of Directive 2000/29/EC.
Article 4
This Decision is addressed to the Federal Republic of Germany, the Kingdom of the Netherlands and the Republic of Slovenia.
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COMMISSION REGULATION (EC) No 1422/2005
of 30 August 2005
fixing the corrective amount applicable to the refund on cereals
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 15(2) thereof,
Whereas:
(1)
Article 14(2) of Regulation (EC) No 1784/2003 provides that the export refund applicable to cereals on the day on which an application for an export licence is made must be applied on request to exports to be effected during the period of validity of the export licence. In this case, a corrective amount may be applied to the refund.
(2)
Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the cereals and the measures to be taken in the event of disturbance on the market for cereals (2), allows for the fixing of a corrective amount for the products listed in Article 1(1)(c) of Regulation (EEC) No 1766/92 (3). That corrective amount must be calculated taking account of the factors referred to in Article 1 of Regulation (EC) No 1501/95.
(3)
The world market situation or the specific requirements of certain markets may make it necessary to vary the corrective amount according to destination.
(4)
The corrective amount must be fixed at the same time as the refund and according to the same procedure; it may be altered in the period between fixings.
(5)
It follows from applying the provisions set out above that the corrective amount must be as set out in the Annex hereto.
(6)
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 corrective amount referred to in Article 1(1)(a), (b) and (c) of Regulation (EC) No 1784/2003 which is applicable to export refunds fixed in advance except for malt shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 1 September 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COMMISSION REGULATION (EEC) No 2721/88
of 31 August 1988
laying down detailed rules for voluntary distillation as provided for in Articles 38, 41 and 42 of Regulation (EEC) No 822/87
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 2253/88 (2), and in particular Articles 47 (3), 38 (5), 41 (10), 42 (6) and 81 thereof,
Whereas the voluntary distillation operations provided for in Articles 38 and 41 of Regulation (EEC) No 822/87 should restore balance to the market without the quantities in keeping with good market management being exceeded; whereas, to that end, provision should be made so that only a certain maximum quantity of table wine may be distilled by each producer, depending on the area used for the production of table wine; whereas, however, to take account of national provisions on the recognition of quality wines psr in certain Member States, the maximum quantities of table wine which may be distilled in the zones conerned should be related not to the area used for the production of table wine but to the total area used by each producer concerned; whereas, however, in all cases where a precise reference to the area from which the wine comes is difficult to establish, provision should be made so that for one further wine year the quantity which may be distilled does not exceed a certain percentage of the quantity of table wine produced during the wine year; whereas that percentage must enable results to be achieved which are comparable with those obtained by limiting the quantity in relation to the area used; whereas that percentage must consequently be established taking into account the average yield recorded per hectare; whereas, as the yields in the Greek parts of zone C III and in the Spanish parts of the C zones are markedly lower than those recorded in the rest of the Community, a different percentage must be laid down for those parts of the wine-growing zones concerned;
Whereas Article 1 (4) of Council Regulation (EEC) No 2179/83 of 25 July 1983 laying down general rules for the distillation of wine and the by-products of wine- making (3), as last amended by Commission Regulation (EEC) No 2505/88 (4), provides that the producer may deliver wine for distillation only after the contract or the delivery declaration has been approved by the intervention agency; whereas, in accordance with Article 11 of Commission Regulation (EEC) No 3929/87 of 17 December 1987 on harvest, production and stock declarations relating to wine-sector products (5), that approval is subject to the presentation of the production declaration; whereas production declarations may be made until 15 December in the Federal Republic of Germany and until 30 November in the other Member States; whereas those provisions are liable to delay distillation operations; whereas, for that reason, provision should be made so that Member States may authorize the approval of contracts at an earlier date, on condition that they introduce a system for penalizing, where appropriate those producers who have not complied with the provisions referred to above or the provisions of this Regulation, and in particular those of Article 2 (1);
Whereas Article 41 (4) of Regulation (EEC) No 822/87 fixes the total quantity to be distilled at not more than 6,2 million hectolitres; whereas a procedure for meeting that requirement must consequently be defined;
Whereas a prerequisite for the opening of distillation as referred to in the second indent of the second subparagraph of Article 42 (2) of Regulation (EEC) No 822/87 for a certain type of table wine is that its representative price must be recorded as less than the activating price for three consecutive weeks; whereas, accordingly, the three-week period in question should be defined; whereas the maximum quantity to be distilled by each holder of a long-term storage contract is expressed as a percentage of the total quantity of table wine produced by that holder during the wine year in which the long-term storage contract was concluded; whereas that percentage is to be determined by the Commission; whereas, in accordance with Article 42 (3) of Regulation (EEC) No 822/87, that percentage cannot exceed 18 %;
Whereas during the storage period the volatile acidity of the wine undergoes a natural change which is likely to exceed the limit provided for in the Regulation whereby long-term private storage contracts may be concluded for certain table wines for a given wine year, such limit being fixed by reference to a storage period of nine months; whereas wine should be deemed to meet the conditions laid down even if the volatile acidity is higher than that laid down in the said Regulation, provided that the limit
laid down for table wine of the type in question is not exceeded and that any other condition of an administrative or technical nature is fulfilled;
Whereas the percentage of wine which a producer may have distilled as provided for in this Regulation relates to the quantity of table wine produced on the basis of the production declaration provided for in Regulation (EEC) No 3929/87 and the registers provided for by Commission Regulation (EEC) No 1153/75 of 30 April 1975 prescribing the form of accompanying documents for wine products and specifying the obligations of wine producers and traders other than retailers (1), as last amended by Regulation (EEC) No 418/86 (2);
Whereas Article 47 of Regulation (EEC) No 822/87 provides that only producers who have complied with the obligations laid down in Article 35 and, where appropriate, Articles 36 and 39 of the said Regulation during a reference period may benefit from intervention measures; whereas, in certain cases, the relevant evidence may only be furnished at a date subsequent to the activating of the measures provided for in this Regulation and whereas this provision may therefore delay their implementation; whereas, for that reason, provision should be made so that Member States may authorize recourse to such measures at a subsequent date; whereas this should be made subject to conditions ensuring that producers who have not complied with the said obligations are excluded from benefiting under the measures in question;
Whereas it should be specified that delivery contracts and declarations must contain in particular the information necessary to identify the wine they cover;
Whereas certain time limits must be laid down for the completion of the operation, both for producers and for distillers, in order to ensure that the measure is as effective as possible;
Whereas steps must be taken to ensure that the products of distillation of certain wines cannot disturb the market for spirits distilled from wine with a designation of origin; whereas, to that end, pursuant to Article 3 (2) of Regulation (EEC) No 2179/83, provision should be made to the effect that products obtained from the direct distillation of such wine may not have an alcoholic strength of less than 92 %;
Whereas the price of the wine for distillation does not normally permit the products obtained by distillation to be sold at market prices; whereas provision must therefore be made for aid, the amount of which should be fixed on the basis of the criteria laid down in Article 7 of Regulation (EEC) No 2179/83, while taking account also of the current uncertainty affecting market prices for products obtained from distillation;
Whereas provision must be made so that the minimum guaranteed price is paid to producers, as a general rule, within time limits enabling them to obtain a profit comparable to that which they would obtain from a commercial sale;
Whereas, this being the case, the aid due to them for the distillation in question must be paid at the earliest opportunity, an appropriate system of securities ensuring that operations are conducted properly;
Whereas, in the absence of a Community definition of rosé wine or Spanish red-white coupage wine and for the sake of clarity, it should be stipulated that rosé table wines are to be treated in the same way as red table wines and Spanish coupage wines are to be treated in the same ways as white table wines of type A I on account of the close economic relationship existing between them;
Whereas Article 38 of Regulation (EEC) No 822/87 provides for the opening of distillation to all table wines and to wines suitable for yielding table wine; whereas, however, the minimum buying-in prices for wines delivered for distillation are fixed as a percentage of the guide prices for the various types of table wine; whereas table wines having a close economic relationship with each type of table wine should therefore be defined;
Whereas certain wines delivered for distillation may be processed into wines fortified for distillation; whereas the provisions applicable to distillation operations should be adjusted accordingly, pursuant to the rules laid down in Articles 25 and 26 of Regulation (EEC) No 2179/83;
Whereas the intervention agencies and the Commission must be informed of the progress of distillation operations and must know in particular the quantities of wine distilled and the quantities of alcohol obtained;
Whereas the storage contracts covering wine for distillation as provided for in Article 42 of Regulation (EEC) No 822/87 were concluded during the previous wine year, and the last representative rate applicable during that wine year should be used for such distillation;
Whereas 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
This Regulation lays down:
(a) in Title I, the detailed rules for distillation as provided for in Articles 38 and 41 of Regulation (EEC) No 822/87;
(b) in Title II, detailed rules for distillation for holders of long-term storage contracts for table wine as provided for in the second indent of the second subparagraph of Article 42 (2) of Regulation (EEC) No 822/87;
(c) in Title III, provisions for distillation as referred to in both Titles I and II.
TITLE I
Distillation as provided for in Articles 38 and 41 of Regulation (EEC) No 822/87
Article 2
1. Where distillation as provided for in Articles 38 and 41 of Regulation (EEC) No 822/87 is opened for a particular wine year, producers may have distilled a quantity of table wine or, in the case of distillation as provided for in Article 38, of table wine and wine suitable for yielding table wine not exceeding quantities to be determined per hectare of area used by the producers for the production of table wine.
The number of hectares to which the quantities to be determined mentioned in the first subparagraph refer shall be that appearing in the third column of Table B on the production declaration in Annex I to Regulation (EEC) No 3929/87.
Where:
- the area does not appear in the abovementioned production declaration,
or
- the wine-growing area is not broken down in accordance with the categories of vineyard referred to in Article 12 (2) of Regulation (EEC) No 3929/87,
the number of hectares shall be calculated by dividing the quantity of table wine obtained by the yield per hectare of the products used.
Producers intending to have their wine distilled shall conclude one or more delivery contracts or shall submit one or more declarations.
2. The approval of the contracts or the delivery declarations provided for in Article 6 shall be authorized before the producer has submitted the production declaration provided for in Regulation (EEC) No 3929/87, provided that the payment of the aid to the distiller or the release of the security is subject to the presentation of the said production declaration.
However, in the case referred to in the preceding subparagraph, the total quantities specified in the contract or the declaration may not execeed those resulting from the application of the provisions of paragraph 1 to the quantities of table wine obtained by the producer since the beginning of the wine year in question and entered in the records provided for in Article 14 of Regulation (EEC) No 1153/75.
3. For the 1988/89 wine year, by way of derogation from paragraph 1, producers may have distilled a quantity of table wine or, in the case of distillation as provided for in Article 38 of Regulation (EEC) No 822/87, of table wine and wine suitable for yielding table wine not exceeding percentages to be determined of the quantity of table wine which they have produced in the Greek part of wine-growing zone C III, in the Spanish part of wine-growing zones C or in the other wine-growing zones.
The quantity of table wine produced to which the percentages referred to in the first subparagraph apply shall be, for each producer, that resulting from the sum of the quantities appearing as wine in the column headed 'Table wine' in the production declaration which he has submitted pursuant to Regulation (EEC) No 3929/87 where so required and the quantities obtained by himself after the date of submission of the said declaration and entered in the records provided for in Article 14 of Regulation (EEC) No 1153/75.
For the 1988/89 wine year, where the first subparagraph of paragraph 2 is applied, the total quantities in the contract or declaration may not exceed those resulting from the application of the first subparagraph to the quantitites of table wine obtained by the producer since the beginning of the wine year in question and entered in the records provided for in Article 14 of Regulation (EEC) No 1153/75.
Article 3
1. In the case of distillation as provided for in Article 41 of Regulation (EEC) No 822/87, where the notifications referred to in Article 12 (1) indicate that the total quantity of table wine in the contracts presented to intervention agencies exceeds the quantity fixed pursuant to Article 41 of Regulation (EEC) No 822/87, contracts may be executed for only a certain percentage of the quantity laid down.
That percentage shall be fixed by the Commission, in accordance with the procedure provided for in Article 83 of Regulation (EEC) No 822/87, no later than one month after it has received the figures referred to in the preceding subparagraph.
2. Distillation operations may not begin before the date on which the percentage referred to in paragraph 1 is fixed.
TITLE II
Distillation for holders of long-term storage contracts for table wine as provided for in the second indent of the second subparagraph of Article 42 (2) of Regulation (EEC) No 822/87
Article 4
1. The period of three consecutive weeks referred to in Article 42 (1) of Regulation (EEC) No 822/87 shall fall between 15 July and 30 November of the wine year in question.
(1) OJ No L 84, 27. 3. 1987, p. 1.
(2) OJ No L 198, 26. 7. 1988, p. 35.
(3) OJ No L 212, 3. 8. 1983, p. 1.
(4) OJ No L 225, 15. 8. 1988, p. 14.
(5) OJ No L 369, 29. 12. 1987, p. 59.
(1) OJ No L 113, 1. 5. 1975, p. 1.
(2) OJ No L 48, 26. 2. 1986, p. 8.
2. Where in a given wine year distillation as provided for in the second indent of the second subparagraph of Article 42 (2) of Regulation (EEC) No 822/87 is decided on, holders of long-term storage contracts for the types of table wine for which the decision is adopted and for wines having a close economic relationship therewith may have distilled a quantity of wine under a storage contract not exceeding a percentage to be determined of the total quantity of table wine which they have produced during the previous wine year.
3. Only wine which has been the subject of a long-term storage contract concluded during the previous wine year pursuant to the Regulation opening the possibility of concluding such contracts may be the subject of distillation as referred to in paragraph 2. Such wine must have the characteristics laid down by that Regulation authorizing the conclusion of long-term private storage contracts, with the exception of the volatile acidity, which may not, however, exceed the limit laid down in Article 66 of Regulation (EEC) No 822/87.
4. The quantity of table wine produced to which the percentage referred to in paragraph 2 is applied shall, for each producer, be that given by the sum of the quantities for wine in the column headed 'Table wine' in the production declaration which he has submitted pursuant to Regulation (EEC) No 3929/87 where so required and of the quantities produced by him after the date of submission of the said declaration and entered in the records provided for in Article 14 of Regulation (EEC) No 1153/75.
TITLE III
Provisions for distillation as referred to in both Titles I and II
Article 5
In accordance with Article 47 (1) of Regulation (EEC) No 822/87, producers who were subject during the previous wine year to the obligations referred to in Articles 35, 36 or 39 of Regulation (EEC) No 822/87 shall only be entitled to benefit under the measures provided for in this Regulation where they submit evidence that they have complied with their obligations during the reference periods fixed in Article 16 of Commission Regulations (EEC) No 2352/87 (1), 2353/87 (2), and 441/88 (3).
However, Member States may authorize approval of the delivery contracts or declarations referred to in Article 6 before the producer has submitted the evidence referred to in the first paragraph provided that a declaration by the producer appears in those contracts or delivery declarations to the effect that he has complied with the obligations referred to in the first paragraph or that he fulfils the condition referred to in Article 11 (2) of Regulation (EEC) No 2179/83 and undertakes to deliver the residual quantities required to comply fully with the obligation within the time limits laid down by the competent national authority.
The evidence referred to in the first paragraph shall be submitted before 1 June of the wine year in question.
Article 6
1. The contracts and declarations referred to respectively in Article 4 (1) and in Article 5 (1) of Regulation (EEC) No 2179/83 shall be submitted for approval to the competent intervention agency no later than four months after the opening of each distillation operation for the wine year in question.
However, as regards distillation as provided for in Article 41 of Regulation (EEC) No 822/87, the contracts and declarations shall be submitted for approval no later than two months after the opening of the distillation operation.
2. The contracts and declarations referred to in paragraph 1 shall indicate at least:
(a) the quantity, colour and actual alcoholic strength by volume of the wine to be distilled, stating whether it is table wine or wine suitable for yielding table wine;
(b) the name and address of the producer;
(c) the place where the wine is stored;
(d) the name of the distiller of the business name of the distillery;
(e) the address of the distillery;
(f) the type of table wine in the case of table wine of types A II, A III or R III;
(g) where appropriate, a reference to the storage contract concluded in respect of the wine in question.
3. The approval referred to in paragraph 1 shall be subject to compliance with the conditions laid down in Article 11 of Regulation (EEC) No 3929/87.
4. The intervention agency shall notify the producer of the outcome of the approval procedure no later than one month after the expiry of the time limit referred to in paragraph 1.
5. The quantity of wine delivered for distillation by each producer having concluded a contract may not be less than 10 hectolitres.
Article 7
1. Distillation operations may not take place after the end of the wine year in question.
2. Only a product having an alcoholic strength equal to or greater than 92 % vol may be obtained by the direct
distillation of wines obtained from grapes of varieties classified for the same administrative unit as both wine-grape varieties and varieties intended for preparing spirits distilled from wine.
Article 8
1. The minimum buying-in prices and the amounts of the aid shall be fixed before the beginning of each wine year.
2. The minimum buying-in prices referred to in paragraph 1 shall be paid by the distiller to the producer within three months from the date of entry into the distillery of each batch of wine delivered provided that the producer has furnished the evidence referred to in Article 5 to the competent authority within two months following the delivery of the wine. If that evidence is furnished after two months, the distiller shall pay within one month.
Article 9
1. The amount of the advance referred to in Article 9 (1) of Regulation (EEC) No 2179/83 shall be paid within three months following submission of evidence that the security has been lodged.
2. Subject to the provisions of Article 23 of Regulation (EEC) No 2179/83, the security referred to in paragraph 1 shall be released only if evidence that the total quantity of wine has been distilled and, where appropriate, that the buying-in price has been paid for the wine within the time limits laid down is provided by the end of the fifth month following the date referred to in Article 7 (1).
If that evidence is not provided within the time limit laid down but within the following two months and where such delay is not due to serious negligence on the part of the distiller, the intervention agency shall release 80 % of the security only.
3. Distillers who have not applied for the advance referred to in paragraph 1 shall, where appropriate, be required to provide the intervention agency, within one month after lodging the evidence of distillation, with evidence that the minimum buying-in price has been paid for the distilled wine within the time limits laid down.
Where such evidence is not furnished within the time limit laid down but within the following two months and where such delay is not the result of serious negligence on the part of the distiller, the intervention agency shall, pay 80 % of the aid only.
Evidence that the wine has been distilled may not be provided by the distiller before the producer has furnished the evidence referred to in Article 5.
4. If it is ascertained that the distiller has not paid the buying-in price to the producer, the intervention agency shall pay the producer, before 1 June following the wine year in question, an amount equal to the aid, where appropriate through the intervention agency of the producer's Member State .
Article 10
1. The provisions of this Regulation relating to red wine shall also apply to rosé wine.
2. The provisions of this Regulation relating to a given type of table wine shall also apply to table wines which are in a close economic relationship with that type of table wine.
For the purposes of this Regulation, the following shall be considered to be in a close economic relationship with the type of table wine indicated:
- A I: white table wines which are not of types A I, A II or A III,
- R I: red table wines with an actual alcoholic strength of less than 12,5 % vol which are not of types R I or R III,
- R II: red table wines with an actual alcoholic strength exceeding 15 % vol which are not of type R III.
3. In Spain, for the 1988/89 and 1989/90 wine years, a producer may deliver for distillation the product obtained from the coupage of a wine suitable for yielding white table wine either with a white table wine from his own production with a wine suitable for yielding red table wine or with a red table wine from his own production. To that end that product shall be treated as a white table wine of type A I.
Article 11
1. In the case referred to in Article 26 of Regulation (EEC) No 2179/83, the contract or declaration relating to delivery for fortification shall be submitted for approval to the competent intervention agency, depending on the distillation operation concerned, before the dates laid down in Article 6 (1).
The intervention agency shall inform the producer of the outcome of the approval procedure not later than one month after the expiry of the time limits referred to in paragraph 1.
2. The wine may be fortified for distillation only after approval of the contract or declaration and not later than 31 July of the wine year in question.
3. Fortified wine may not be distilled after the following 31 August.
4. The fortifier shall send to the intervention agency not later than the 10th day of each month a statement of the quantities of wine delivered to him during the previous month.
5. For wine fortified for distillation, the fortifier shall receive an aid, calculated per hectolitre and per % vol of actual alcoholic strengh before fortification. The amount of the aid shall be fixed before the beginning of each wine year.
To receive the aid, the fortifier shall submit an application to the competent intervention agency no later than 31 August of the wine year in question, attaching copies of the accompanying documents relating to the carriage of the wine in respect of which the aid is applied for or a summary of those documents. Member States may require that such copies or summary be endorsed by a supervisory authority.
The aid shall be paid not later than three months after the date of submission of evidence that the security referred to in Article 26 (4) of Regulation (EEC) No 2179/83 has been lodged and, in any event, after the date on which the contract or declaration is approved.
6. Subject to Article 23 of Regulation (EEC) No 2179/83, the security shall be released only if, before 30 November following the wine year in question, evidence is furnished:
- that the total quantity of wine covered by the contract or declaration has been fortified and distilled,
- that the buying-in price for the wine has been paid to the producer within the time limits laid down in Article 10 (2) of Regulation (EEC) No 2179/83.
However, if such evidence is submitted after the expiry of the time limit laid down but not later than the following 31 January, the intervention agency shall release 80 % of the security only.
If it is ascertained that the fortifier has not paid the buying-in price to the producer, the intervention agency shall pay the producer, before the following 1 May, an amount equal to the aid, where appropriate, through the intervention agency of the producer's Member State.
Article 12
1. Member States shall notify the Commission, not later than one month after the expiry of the time limit for the approval of the contract or declaration, of quantities of wine and fortified wine covered by the approved delivery contracts and declarations.
2. Distillers shall forward to the intervention agency not later than the 10th day of each month, a statement of the quantities of wine distilled during the previous month, broken down according to the categories referred to in the first subparagraph of Article 3 (1) of Regulation (EEC) No 2179/83.
3. Member States shall inform the Commission not later than the 20th day of each month, in respect of the previous month, of the quantities of wine and fortified wine distilled, broken down by colour, and of the quantities, expressed in pure alcohol, of products obtained, distinguishing between the latter in accordance with paragraph 2.
4. Member States shall inform the Commission, not later than 30 September following the wine year in question, of any cases where the distiller or fortifier has failed to fulfil his obligations and of the measures taken in consequence.
Article 13
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, 31 August 1988. | [
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*****
COMMISSION DECISION
of 25 January 1988
amending for the second time Decision 82/351/EEC recognizing certain parts of the territory of the Federal Republic of Germany as being officially swine fever free
(Only the German text is authentic)
(88/157/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 80/1095/EEC of 11 November 1980 laying down conditions designed to render and keep the territory of the Community free from classical swine fever (1), as last amended by Directive 87/487/EEC (2), and in particular Article 7 (2) thereof,
Having regard to Commission Decision 81/112/EEC of 22 January 1982 approving the plan for the accelerated eradication of classical swine fever presented by the Federal Republic of Germany (3), as amended by Decision 87/178/EEC (4),
Whereas the Federal Republic of Germany is implementing the plan for the eradication of classical swine fever on a regional basis;
Whereas Commission Decision 82/351/EEC (5), as amended by Decision 82/825/EEC (6), has recognized certain parts of the territory of the Federal Republic of Germany as being officially swine fever free;
Whereas vaccination against classical swine fever has been carried out in a part of the territory of the Federal Republic of Germany referred to in Article 1 of Decision 82/351/EEC and that part since the time of vaccination does not fulfil the required conditions as being officially swine fever free in accordance with Article 2 (3) of Directive 80/1095/EEC;
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 following region is withdrawn from the list laid down in Article 1 of Decision 82/351/EEC:
- Rheinhessen-Pfalz.
Article 2
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 25 January 1988. | [
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COMMISSION REGULATION (EC) No 110/97 of 21 January 1997 establishing unit values for the determination of the customs value of certain perishable goods
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), as last amended by Regulation (EC) No 82/97 (2),
Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (3), as last amended by Regulation (EC) No 2153/96 (4), and in particular Article 173 (1) thereof,
Whereas Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation;
Whereas the result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173 (2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question,
HAS ADOPTED THIS REGULATION:
Article 1
The unit values provided for in Article 173 (1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto.
Article 2
This Regulation shall enter into force on 24 January 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 January 1997. | [
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COMMISSION REGULATION (EC) No 1650/96 of 16 August 1996 fixing the buying-in prices, aids and certain other amounts applicable for the 1996/97 wine year to intervention measures in the wine sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 149 (1) thereof,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EC) No 1592/96 (2), and in particular Articles 35 (8), 36 (6), 38 (5), 41 (10), 44, 45 (9) and 46 (5) thereof,
Whereas Article 4 of Commission Regulation (EC) No 3299/94 of 21 December 1994 on transitional measures applicable in Austria in the wine-growing sector (3), as amended by Regulation (EC) No 670/95 (4), provides for Title III of Regulation (EEC) No 822/87 to apply in its entirety in Austria from the 1995/96 wine year; whereas, however, Austria should, in the interests of administrative clarity, be considered to form part of the wine-growing zone B provided for in Annex IV to Regulation (EEC) No 822/87;
Whereas Council Regulation (EC) No 1593/96 (5) fixes the guide prices for wine for the 1996/97 wine year; whereas the prices, aids and other amounts for the various intervention measures to be adopted for that wine year should accordingly be fixed on that basis;
Whereas this Regulation applies to Portugal; whereas, however, since wine-growing zones have not been delimited in that country, the oenological practices authorized in accordance with the rules laid down under Title II of Regulation (EEC) No 822/87 should be defined;
Whereas, since enrichment is an exceptional practice, the same reduction in the buying-in price for wine provided for in Article 44 of Regulation (EEC) No 822/87 and laid down in Annex VIII should be applied as in wine-growing zone C; whereas, in the light of experience the derogations in force for 'vinho verde` should be extended;
Whereas the aid for the use in wine-making of concentrated grape must and rectified concentrated grape must as provided for in Article 45 (1) of Regulation (EEC) No 822/87 must be fixed taking into account the difference between the cost of enrichment achieved using concentrated grape must and using sucrose; whereas, in the light of the data available to the Commission, the amount of the aid should be varied with the product used for enrichment;
Whereas distillers may, in accordance with Articles 35 (6) and 36 (4) of Regulation (EEC) No 822/87, either receive aid for the product to be distilled or deliver the product obtained from distillation to the intervention agency; whereas the amount of the aid must be fixed on the basis of the criteria laid down in Article 16 of Council Regulation (EEC) No 2046/89 (6), as last amended by Regulation (EC) No 1546/95 (7);
Whereas the price of wine to be distilled under Articles 38 and 41 of Regulation (EEC) No 822/87 does not normally allow the marketing at market prices of products obtained from distillation; whereas provision must therefore be made for aid, the amount of which is to be fixed on the basis of the criteria laid down in Article 8 of Regulation (EEC) No 2046/89, account also being taken of the present uncertainty of prices on the market for distillation products;
Whereas some wine delivered for one of the distillation operations may be processed into wine fortified for distillation; whereas the amounts applicable to distillation in accordance with the rules laid down in Article 26 of Regulation (EEC) No 2046/89 should be adjusted accordingly;
Whereas experience gained in sales by invitation to tender of alcohol held by intervention agencies shows that the difference between prices which may be obtained for neutral spirits and raw alcohol does not justify the takeover of the former; whereas, moreover, quantities of neutral spirits currently available are sufficient to satisfy, at least for one wine year, any demand for that product; whereas under these circumstances the possibility provided for in Articles 35, 36 and 39 of Regulation (EEC) No 822/87 should be used by producing for the buying-in of all alcohol at the price for raw alcohol;
Whereas Article 4 of Commission Regulation (EEC) No 3105/88 (8), as last amended by Regulation (EC) No 2365/95 (9), laying down detailed rules for the application of compulsory distillation as provided for in Articles 35 and 36 of Regulation (EEC) No 822/87 sets a standard natural alcohol strength by volume to be applied in the various wine-growing zones for the purpose of determining the volume of alcohol to be delivered for distillation under Article 35 of Regulation (EEC) No 822/87; whereas it has not been possible to fix this standard natural alcoholic strength in Portugal because the wine-growing zones in that country have not yet been delimited; whereas, therefore, a provisional standard natural alcohol strength should be fixed;
Whereas Article 46 (3) of Regulation (EEC) No 822/87 lays down criteria for fixing the aid provided for in that Article; whereas, as regards the aid for the use of grapes, grape must and concentrated grape must for the manufacture of grape juice, paragraph 4 of that Article stipulates that a part of the aid should be set aside for the organization of campaigns to promote the consumption of grape juice and whereas the aid may be increased to that end; whereas, having regard to the criteria laid down and of the need to finance those campaigns, the aid should be fixed at a level permitting sufficient quantities to be obtained for the effective promotion of the product;
Whereas the reduction in the buying-in price for wine provided for in Article 44 of Regulation (EEC) No 822/87 depends on the average increase in the natural alcoholic strength in each wine-growing zone; whereas experience shows that that increase corresponds on average to half the maximum increase authorized; whereas the reduction in the buying-in price must accordingly correspond to the added alcoholic strength as a percentage of the alcoholic strength of wine delivered for distillation;
Whereas Commission Regulation (EEC) No 3800/81 of 16 December 1981 determining the classification of vine varieties (10), as last amended by Regulation (EC) No 2276/95 (11), establishes the list of vine varieties recommended and authorized in Portugal; whereas, in assessing the production of wine in Portugal, reference should be made to those vine varieties;
Whereas 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
This Regulation fixes the buying-in prices, the aids and certain other amounts applicable for the 1996/97 wine year to intervention measures in the wine sector in the Community. As regards the measures provided for in Articles 38 and 41 of Regulation (EEC) No 822/87, those amounts shall be fixed subject to a subsequent decision on the activating of those measures.
Article 2
1. The buying-in prices of the products and of wine delivered during the 1996/97 wine year for compulsory distillation as provided for in Articles 35 and 36 of Regulation (EEC) No 822/87 and, for those products:
- aid to distillers,
- aid to fortifiers of wine of distillation,
- the buying-in prices of alcohol obtained, delivered to an intervention agency,
- the contribution from the European Agricultural Guidance and Guarantee Fund towards the taking over of that alcohol,
shall be as set out in Annexes I and II hereto.
2. In accordance with the second subparagraph of Article 35 (6), the second subparagraph of Article 36 (4) and the second subparagraph of Article 39 (7), the intervention agency shall pay the raw alcohol price for the alcohol delivered to it.
Article 3
The buying-in prices for wine delivered during the 1996/97 wine year for voluntary distillation as provided for in Articles 38 and 41 of Regulation (EEC) No 822/87 and, for those products:
- aid to distillers,
- aid to fortifiers of wine for distillation,
shall be as set out respectively in Annexes III and IV.
Article 4
The aid for utilization during the 1996/97 wine year of concentrated grape must and rectified concentrated grape must as provided for in Article 45 (1) and in the first subparagraph of Article 46 (1) of Regulation (EEC) No 822/87 shall be as set out respectively in Annexes V, VI and VII hereto.
Article 5
The reductions provided for in Article 44 of Regulation (EEC) No 822/87 applicable to the buying-in prices for wine delivered during the 1996/97 wine year for distillation as provided for in Articles 36, 38, 39 or 41 of that Regulation and, for that wine:
- to the aid to the distiller,
- to the buying-in prices of alcohol obtained, delivered to an intervention agency,
- to the contribution from the European Agricultural Guidance and Guarantee Fund to the taking over of that alcohol,
shall be as set out in Annex VIII hereto.
For the purposes of this Article, Portugal shall be considered to form part of wine-growing zone C, and Austria of wine-growing zone B.
Article 6
1. The rules governing oenological practices and processes laid down in Title II of Regulation (EEC) No 822/87 shall apply to Portugal during the 1996/97 wine year subject to the following conditions:
(a) increase in alcoholic strength shall be limited to 2 % vol. Products eligible under this measure shall have a natural alcoholic strength by volume of at least 7,5 % vol, before enrichment and total alcoholic strength by volume of not more than 13 % after enrichment.
However, products upstream of table wine originating in the 'Vinho verde' region must have an alcoholic strength by volume of at least 7 % before enrichment.
The addition of concentrated grape must or rectified concentrated grape must shall not have the effect of increasing the initial volume of fresh crushed grapes, grape must, grape must in fermentation or new wine still in fermentation by more than 6,5 %;
(b) fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be the subject of acidification or deacidification.
2. The wine varieties which may be used to produce table wine shall be those listed in the Annex to Regulation (EEC) No 3800/81.
'Vinho verde` may:
- be marketed with a minimum total alcoholic strength by volume 8,5 % for wines which have not been subject to enrichment,
- possess a total context of sulphine dioxide no greater than 300 milligrams per litre for white 'Vinho verde' wines with a residual sugar content not less than 5 g/l.
3. The quantity of alcohol which producers of table wine in Portugal must deliver for distillation in accordance with Article 35 of Regulation (EEC) No 822/87 shall be calculated on the basis of a standard natural alcoholic strength, to be taken into consideration for the assessment of the volume of alcohol contained in the wine produced, equal to 9 % by volume, with the exception of wines produced in the delimited 'Vinho verde' region, for which the alcoholic strength to be taken into consideration shall be 8,5 %.
Article 7
This Regulation shall enter into force on 1 September 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 August 1996. | [
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COMMISSION REGULATION (EC) No 1996/2004
of 19 November 2004
accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in the Russian Federation and Ukraine and continuing to make imports of ammonium nitrate originating in the Russian Federation or Ukraine subject to registration
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Articles 8, 21 and 22(c) thereof,
After consulting the Advisory Committee,
Whereas:
A. PROCEDURE
(1)
By Regulation (EC) No 132/2001 (2), the Council imposed a definitive anti-dumping duty on imports of ammonium nitrate (the product concerned) originating in Ukraine. By Regulation (EC) No 658/2002 (3), following an expiry and interim review, the Council imposed a definitive anti-dumping duty on imports of the product concerned originating in the Russian Federation (Russia).
(2)
In March 2004, the Commission announced, through the publication of a notice in the Official Journal of the European Union (4), the initiation of a partial interim review of the existing measures on imports of the product concerned originating in Russia and Ukraine (the measures) to examine whether they should be adapted to take account of certain consequences of the enlargement of the European Union to 25 Member States (enlargement).
(3)
The Council concluded that it was in the interest of the Community to provide for the temporary adaptation of the existing measures so as to avoid a sudden and excessively negative impact on importers and users in the 10 new Member States acceding to the European Union (the EU-10) immediately following enlargement. It was considered that the best means of achieving this was through the acceptance of undertakings offered by the cooperating parties, with elements for minimum import prices and quantitative ceilings.
(4)
Accordingly, by Regulation (EC) No 1001/2004 (5), the Commission accepted as a special measure short-term undertakings from: (i) an exporting producer of the product concerned in Ukraine (OJSC ‘Azot’); (ii) an exporting producer in Russia (OJSC MCC Eurochem in respect of goods produced at its production facilities of JSC Nak Azot, Russia) and sold by its related company (Cumberland Sound Ltd, British Virgin Islands); (iii) two related Russian exporting producers jointly (Joint Stock Company ‘Acron’ and Joint Stock Company ‘Dorogobuzh’).
(5)
In order to provide for an exemption from the anti-dumping duties afforded by the acceptance of the undertakings, Regulation (EC) No 658/2002 and Regulation (EC) No 132/2001 were amended by Council Regulation (EC) No 993/2004.
(6)
It was stipulated in Regulation (EC) No 1001/2004 that acceptance of the undertakings would be limited to an initial period of six months (the original period) without prejudice to the normal duration of the existing measures and that they would lapse after this period unless the Commission considered it appropriate to extend their period of application.
(7)
As set out in recital 15 of Regulation (EC) No 1001/2004, the continued acceptance of the undertakings would be subject to an appraisal at the end of the six-month period to verify whether the exceptional and negative conditions for end-users in the EU-10 which led to the acceptance of the undertakings still exist. As part of the overall appraisal, an evaluation of the compliance of the companies concerned with their undertakings was also made.
B. APPRAISAL
1. Content of the current undertakings
(8)
The existing undertakings offered by the companies oblige them, inter alia, to export in accordance with their traditional pattern of trade to customers in the EU-10 at or above certain minimum import prices (MIPs). These MIPs significantly eliminate the injurious dumping found in the original investigations. Such exports are also to be made within the framework of quantitative ceilings established on the basis of previous, traditional export flows to the EU-10.
(9)
The terms of the undertakings also oblige the signatory companies to provide the Commission with regular and detailed information in the form of a monthly report of their sales to the EU-10 (or resales by any related parties in the Community) and to accept verification visits by the Commission. In order, also, to be able to fully monitor the effectiveness of the undertakings, written agreement was received from the exporters’ traditional customers in the EU-10 that they too would allow on-the-spot verification visits at their premises.
2. Compliance with the current undertakings
(10)
Verification visits to the exporting producers showed that the companies concerned had observed the MIPs and that the volumes exported to the EU-10 had not exceeded the levels of the quantitative ceilings stipulated in the undertakings. In addition, it was found that the companies were broadly respecting their traditional patterns of trade with individual customers in the EU-10. Moreover, according to the information available, there have been no apparent ‘spill-overs’ from the EU-10 into the EU-15 of imports of the product concerned which had benefited from the exemption to the anti-dumping duties afforded by the undertakings.
3. Analysis of conditions for continued acceptance of undertakings
(11)
Analysis of the monthly sales reports submitted to the Commission by the companies concerned backed up by available official statistical data showed that although there had been some convergence in prices, a marked difference still existed between the prices for the product concerned in the EU-10 and the EU-15. In addition, it was noted that import volumes from Russia and Ukraine into the EU-10 had declined since enlargement, however, in view of the fact that the period under examination is one of the ‘low seasons’ for the product concerned, they still remained significant. In addition, as indicated in recital 28 of Regulation (EC) No 993/2004, abnormal increases in export volumes to the EU-10 were found prior to enlargement in 2003 and the first few months of 2004. It is considered that this might also have contributed to the decrease in the quantities imported into the EU-10 following enlargement.
C. CONCLUSION
1. Acceptance of undertakings
(12)
Given that the exceptional and negative conditions which prevailed prior to enlargement and which necessitated that the undertakings still exist, and that the terms of the undertakings have been observed during the initial period of their application by the companies concerned, it is considered that the acceptance of undertakings offered by the companies concerned for a further period is justified.
(13)
As concerns the length of this further period, it is considered that a period of application of more than six months would negate the notion of the undertakings being of a transitional nature, therefore, their acceptance will only be from 21 November 2004 to 20 May 2005 (the final period).
(14)
With regard to the level of the quantitative ceilings to be applied for the final period, it should be noted that these have been calculated following the same methodology as was used to establish the quantitative ceilings for the original period (however, unlike in the original period when deductions from the traditional volumes were made to take account of abnormal import volumes prior to enlargement, no such adjustments will be made for determining the quantitative ceilings for the final period). Nevertheless, given the trend of increased consumption for this product in the EU-10, a growth factor has been taken into account when establishing the quantitative ceilings for the final period for each exporting producer benefiting from an undertaking.
(15)
In conformity with Regulation (EC) No 993/2004, the undertakings oblige each individual producing exporter to respect MIPs within framework of import ceilings and in order that the undertakings can be monitored, the exporting producers concerned have also agreed to broadly respect their traditional selling patterns to individual customers in the EU-10. The exporting producers are also aware that if it is found that these sales patterns change significantly, or that the undertakings become in any way difficult or impossible to monitor, the Commission is entitled to withdraw acceptance of the company’s undertaking resulting in definitive anti-dumping duties being imposed in its place, or it may adjust the level of the ceiling, or it may take other remedial action.
(16)
It is also a condition of the undertakings that if they are breached in any way, the Commission will be entitled to withdraw acceptance thereof resulting in definitive anti-dumping duties being imposed in their place.
(17)
The companies will also provide the Commission with regular and detailed information concerning their exports to the Community, meaning that the undertakings can be monitored effectively by the Commission.
(18)
In order that the Commission can monitor effectively the companies’ compliance with the undertakings, when the request for release for free circulation pursuant to an undertaking is presented to the relevant customs authority, exemption from the duty will be conditional upon the presentation of an invoice containing at least the items of information listed in the Annex to Regulation (EC) No 993/2004. This level of information is also necessary to enable customs authorities to ascertain with sufficient precision that the shipment corresponds to the commercial documents. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate anti-dumping duty will instead be payable.
2. Consultation of Member States
(19)
In conformity with recital 15 of Regulation (EC) No 1001/2004, Member States were consulted on the proposal to accept undertakings for a further period. Certain Member States considered that the level of the MIPs should be raised. It should be recalled, however, that these undertakings are not equivalent to an anti-dumping duty since the MIPs established are at lower levels than would usually be the case. Rather, they serve as a ‘safety net’ below which, prices in the EU-10 should not fall. In view of this and the short-term character of the undertakings, together with the exceptional circumstances under which the undertakings were accepted, revision of the MIP levels at the present time is not considered to be appropriate.
3. Disclosure to interested parties
(20)
All interested parties which had previously made themselves known were advised of the intention to accept undertakings. The Community Industry producers’ association stated that it would not oppose such acceptance for a further period provided that this did not adversely affect its situation. A national producer organisation in Poland echoed, however, the views of certain Member States that the level of the MIPs should be raised since the price levels established did not allow its producers to cover their costs. However, for the reasons stated in the previous recital, revision of the MIPs is not considered to be appropriate at the present time.
(21)
One exporting producer in Russia advised the Commission that it intended to export to the Community via its newly established related trading company in Switzerland.
(22)
No other comments were received which caused the Commission to alter its views on the matter.
D. REGISTRATION OF IMPORTS
(23)
In Regulation (EC) No 1001/2004, customs authorities were directed to register imports into the Community of the product concerned, originating in Russia and Ukraine, exported by the companies from which undertakings were accepted and for which an exemption from the anti-dumping duties imposed by Regulation (EC) No 132/2001 and by Regulation (EC) No 658/2002, as amended by Regulation (EC) No 993/2004, was sought.
(24)
As acceptance of the undertakings for the original period commencing 21 May 2004, and as acceptance of the undertakings for the final period will follow on directly from the original period, these two periods are to be regarded as one continuous period. In accordance, however, with Article 14(5) of the basic Regulation, the maximum period for registration is nine months; therefore customs authorities should register such imports only until 20 February 2005,
HAS ADOPTED THIS REGULATION:
Article 1
1. The undertakings offered by the exporting producers mentioned below, in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Ukraine and the Russian Federation are hereby accepted.
Country
Company
TARIC additional code
Ukraine
Produced and exported by OJSC ‘Azot’, Cherkassy, Ukraine to its first independent customer in the Community acting as an importer
A521
Russian Federation
Produced by OJSC MCC Eurochem, Moscow, Russia at its production facilities of JSC Nak Azot, Novomoskovsk, Russia and sold by Cumberland Sound Ltd, Tortola, British Virgin Islands or EuroChem Trading Gmbh, Zug, Switzerland to the first independent customer in the Community acting as an importer
A522
Russian Federation
Produced and exported by Joint Stock Company ‘Acron’, Veliky Novgorod, Russia or Joint Stock Company ‘Dorogobuzh’ Verkhnedneprovsky, Smolensk Region, Russia to the first independent customer in the Community acting as an importer
A532
2. Customs authorities are hereby directed, pursuant to Article 14(5) of Regulation (EC) No 384/96 to continue to take the appropriate steps to register until 20 February 2005 imports into the Community of ammonium nitrate originating in the Russian Federation or Ukraine falling within CN codes 3102 30 90 and 3102 40 90 produced and sold or produced and exported by the companies listed in paragraph 1.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union and shall remain in force until 20 May 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 November 2004. | [
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