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Commission Regulation (EC) No 748/2004
of 22 April 2004
amending Regulation (EC) No 2535/2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas, and derogating from that Regulation
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 26(3) and Article 29(1) thereof,
Whereas:
(1) The second subparagraph of Article 13(2) of Commission Regulation (EC) No 2535/2001 lays down that in the case of the quotas for which the number of licence applications is limited, licence applications may relate to quantities equal to the quantity available for each period. Experience shows that this is the case for the quotas referred to in Annex I(F) to Regulation (EC) No 2535/2001.
(2) Under the bilateral agreement concluded between the European Community and the Swiss Confederation, approved by Decision 2002/309/EC, Euratom of the Council and of the Commission(2), certain Swiss cheeses qualify for reduced customs duty on importation into the Community where they meet certain conditions regarding composition and maturation time. The Swiss authorities have requested a change to the description of certain cheeses following an amendment to the specification of those cheeses. The description contained in Commission Regulation (EC) No 2535/2001(3) should therefore be amended accordingly.
(3) Chapter I of Title 2 of Regulation (EC) No 2535/2001 concerns quotas allocated on the basis of two six-month periods in January and July each year. In view of enlargement on 1 May 2004, Commission Regulation (EC) No 50/2004 provides for special import quotas to be opened in May 2004 to enable operators in the new Member States to participate in the Community quotas from that date.
(4) Article 14(1) of Regulation (EC) No 2535/2001 stipulates that licence applications may be lodged only during the first 10 days of each six-month period. So that Regulation (EC) No 50/2004 can be implemented, there should be a derogation from the said Article and provision should be made for the period for lodging applications to run from 1 May to 10 May 2004.
(5) Article 16(3) of Regulation (EC) No 2535/2001 lays down that the period of validity of licences may not extend beyond the end of the import year for which the licence is issued. Application of this provision would make licences issued in May 2004 expire on 30 June 2004 and might result in licences not being used because the period of their validity was too short. There should therefore be a derogation from the said Article, specifying a period of validity of 150 days from the date of issue of the licences.
(6) Regulation (EC) No 2535/2001 should be amended accordingly and provision should be made for a derogation therefrom.
(7) 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 (EC) No 2535/2001 is hereby amended as follows:
(a) The second subparagraph of Article 13(2) is replaced by the following:
"However, in the case of the quotas referred to in Article 5(c), (d), (e), (f), (g) and (h), licence applications shall relate to at least 10 tonnes and to no more than the quantity available for each period."
(b) In Annex II.D to that Regulation, the description relating to CN code ex 0406 90 18 is replaced by the Annex to this Regulation.
Article 2
1. By way of derogation from Article 14(1) of Regulation (EC) No 2535/2001, import licence applications may be lodged from 1 May to 10 May 2004 for the quotas for the period 1 May 2004 to 30 June 2004 referred to in Annex I.A, points 5 and 6 of Annex I.B, Annex I.F and Annex I.H.
2. By way of derogation from Article 16(3) of Regulation (EC) No 2535/2001, the period of validity of licences issued in connection with the quotas referred to in paragraph 1 may extend beyond the end of the import year for which the licence is issued. The licences shall be valid for 150 days from their actual date of issue.
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 April 2004. | [
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COMMISSION REGULATION (EC) No 1041/2004
of 27 May 2004
fixing the export refunds on cereal-based compound feedingstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,
Whereas:
(1)
Article 13 of Regulation (EEC) No 1766/92 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund.
(2)
Commission Regulation (EC) No 1517/95 of 29 June 1995 laying down detailed rules for the application of Regulation (EEC) No 1766/92 as regards the arrangements for the export and import of compound feedingstuffs based on cereals and amending Regulation (EC) No 1162/95 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (2) in Article 2 lays down general rules for fixing the amount of such refunds.
(3)
That calculation must also take account of the cereal products content. In the interest of simplification, the refund should be paid in respect of two categories of ‘cereal products’, namely for maize, the most commonly used cereal in exported compound feeds and maize products, and for ‘other cereals’, these being eligible cereal products excluding maize and maize products. A refund should be granted in respect of the quantity of cereal products present in the compound feedingstuff.
(4)
Furthermore, the amount of the refund must also take into account the possibilities and conditions for the sale of those products on the world market, the need to avoid disturbances on the Community market and the economic aspect of the export.
(5)
The current situation on the cereals market and, in particular, the supply prospects mean that the export refunds should be abolished.
(6)
The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the compound feedingstuffs covered by Regulation (EEC) No 1766/92 and subject to Regulation (EC) No 1517/95 are hereby fixed as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 28 May 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 2004. | [
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COMMISSION REGULATION (EC) No 795/97 of 30 April 1997 derogating from Commission Regulation (EC) No 1223/94 laying down special detailed rules for the application of the system of advance-fixing certificates for certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and derogating from Commission Regulation (EEC) No 3665/87 laying down common detailed rules for the application of the system of export refunds on agricultural products
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 Commission Regulation (EC) No 923/96 (2), and in particular Articles 13 (1), the third subparagraph of 13 (8) and 23 thereof,
Whereas Article 4 of Commission Regulation (EC) No 1223/94 of 30 May 1994 laying down special detailed rules for the application of the system of advance-fixing certificates for certain agricultural products exported in the form of goods not covered by Annex II to the Treaty (3), as last amended by Regulation (EC) No 2340/96 (4), specifies the period of validity of advance-fixing certificates for refunds;
Whereas the situation on the common wheat and maize (corn) markets makes it necessary to adjust the period of validity of advance-fixing certificates for maize (corn) exported in the form of goods not covered by Annex II to the Treaty in order to prevent applications for advance fixing of refunds for speculative purposes;
Whereas provision should be made that application of the system of prefinancing of export refunds for maize (corn) exported in the form of goods not covered by Annex II, pursuant to Commission Regulation (EEC) No 3665/87 laying down common detailed rules for the application of the system of export refunds on agricultural products (5), as last amended by Regulation (EC) No 495/97 (6), should not, because of the current situation on the maize (corn) market, lead to an extension of the period of validity of advance-fixing certificates for maize (corn) exported in the form of goods not covered by Annex II to the Treaty;
Whereas provisions should be made that application of the system for prefinancing should not lead, taking account of the current situation on maize (corn) market, to an extension of the validity of the rate applied on the day of acceptance of the declaration of payment for exports of maize (corn) in the form of goods not covered by Annex II to the Treaty;
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
1. By derogation from Article 4 (1) of Regulation (EC) No 1223/94, the duration of validity of certificates delivered between the date of entry into force of this Regulation and 30 June 1997 of advanced fixing of refunds for maize (corn) exported in the form of goods not covered by Annex II to the Treaty, is limited to 30 June 1997.
2. The provisions in the last subparagraph of Article 27 (5) of Regulation (EEC) No 3665/87 shall not apply to the certificates referred to in the previous paragraph.
3. In any case, the export declaration must be accepted by 30 June 1997 at the latest.
Article 2
By derogation from Article 27 (5) of Regulation (EEC) No 3665/87 the acceptance of a declaration of payment cannot take place, in cases where an export refund advance fixing certificate is not presented, unless a declaration of exportation of the goods is accepted by 30 June 1997 at the latest.
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, 30 April 1997. | [
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COMMISSION REGULATION (EC) No 2104/2004
of 9 December 2004
laying down detailed implementing rules for Council Regulation (EC) No 639/2004 on the management of fishing fleets registered in the Community outermost regions
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 11(5) thereof,
Having regard to Council Regulation (EC) No 639/2004 of 30 March 2004 on the management of fishing fleets registered in the Community outermost regions (2), and in particular Article 1(2) and Article 4(3) thereof,
Whereas:
(1)
Regulation (EC) No 639/2004 lays down derogations for the management of fishing fleets in the outermost regions until 31 December 2006. These derogations relate to the entry/exit schemes referred to in Regulation (EC) No 2371/2002, and the aid for the renewal and modernisation of the fleet referred to in Council Regulation (EC) No 2792/1999 (3).
(2)
Under Regulation (EC) No 639/2004, for France and Portugal the specific reference levels for the fleet segments registered in the outermost regions are the multiannual guidance programme (MAGP IV) objectives at the end of 2002.
(3)
For the Canary Islands, the specific reference levels are to be fixed using an approach similar to that used to fix the MAGP IV objectives, taking into account the limits of the fishing opportunities available to the fleets in question. To this end the Scientific Technical and Economic Committee for Fisheries (STECF) delivered an opinion in its March/April 2004 session report on the fishing opportunities of fleets registered in the Canary Islands. Spain and the Commission have also examined the fishing opportunities of fleets registered to the Canary Islands and active under bilateral and multilateral agreements. According to the Commission, none of these examinations or reports has revealed any possibility of expansion of the fleets currently registered in the Canary Islands.
(4)
The Member States must report on changes in the fleets registered in the outermost regions in the annual report referred to in Commission Regulation (EC) No 1438/2003 of 12 August 2003 laying down implementing rules on the Community Fleet Policy as defined in Chapter III of Council Regulation (EC) No 2371/2002 (4).
(5)
The Commission has taken account of its declaration in the margins of the Council of 30 March 2004 (5) on the detailed implementing rules for Regulation (EC) No 639/2004, in particular as regards the most appropriate segmentation in relation to types of fishing, scientific opinions on the state of targeted stocks and similar treatment of fleets operating on the same fisheries.
(6)
This Regulation must apply from the date of application of Regulation (EC) No 639/2004.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS REGULATION:
Article 1
Specific reference levels
The specific reference levels for the fleets registered in the outermost regions of France, Portugal and Spain are fixed in the Annex hereto for each fleet segment.
These specific reference levels are the maximum capacity levels, in GT and in kW, that the Member States shall be authorised to accept through entries to the fleet by way of derogation from Article 13 of Regulation (EC) No 2371/2002.
Article 2
Monitoring specific reference levels
For each of the segments referred to in Article 1, the reference level in terms of tonnage and power on any date after 31 December 2002 shall be equal to the reference level for that segment, as fixed in the Annex hereto, minus the tonnage and power of the vessels in that segment leaving the fleet after 31 December 2002 as a result of public aid.
Article 3
Consolidation of reference levels
On 31 December 2006, the Commission shall calculate for each Member State the total capacities in terms of GT and kW of the fleets registered in the outermost regions and of the entries into these fleets decided in accordance with the provisions of Article 2 of Regulation (EC) No 639/2004 which are not yet registered on that date.
This figure shall be added to the reference levels of the mainland fleet. The result shall constitute the reference levels for the Member State fleet as from 1 January 2007.
Article 4
Contribution to annual reports
In the annual report provided for in Article 12 of Regulation (EC) No 1438/2003 the Member States concerned shall report on changes in the fleets registered in the outermost regions.
Figures relating to 2003 shall be incorporated into the annual report for 2004.
Article 5
Entry into force
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 2004. | [
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*****
COUNCIL REGULATION (EEC) No 139/86
of 20 January 1986
laying down general rules for the disposal af alcohol obtained from the distillation operations referred to in Articles 39, 40 and 41 of Regulation (EEC) No 337/79 and held by intervention agencies
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 3768/85 (2), and in particular Articles 40 and 41a (4) thereof,
Having regard to the proposal from the Commission,
Whereas Article 41a (3) of Regulation (EEC) No 337/79 provides that alcohol obtained from the distillation operations referred to in Article 41 of that Regulation shall be disposed of either by public auction or by a tendering procedure; whereas, since this procedure is such as to permit products to be disposed of without discrimination among Community buyers and to ensure a level of prices that does not hinder the normal development of prices on the market, it would seem appropriate also for the disposal of alcohol obtained from the distillation operations referred to in Articles 39 and 40 of Regulation (EEC) No 337/79;
Whereas Articles 40a and 41a of Regulation (EEC) No 337/79 provide that the disposal of products obtained from the distillation operations referred to in Articles 39, 40 and 41 held by the intervention agencies must take place in such a way as to avoid any disturbance of the markets in alcohol and spirituous beverages; whereas, consistent with this objective, it is necessary to fix minimum selling prices for alcohol intended for those markets taking account of representative market prices for grain alcohol of comparable quality and the effective disposal price for wine alcohol from voluntary distillations, and to set aside certain quantities of alcohol for other sectors, in particular, for use as motor fuel or fuel in thermal power stations; whereas the legal and administrative obstacles to the use of alcohol in this latter sector which have existed hitherto must be eliminated in accordance with Council Directive 85/536/EEC of 5 December 1985 on crude oil savings through the use of substitute fuel components in petrol (3);
Whereas in order to ensure compliance with Article 40a of Regulation (EEC) No 337/79, provision should be made for alcohol obtained from the distillation operations referred to in Articles 39 and 40 of that Regulation to be put up for sale firstly on the market in alcohol and spirituous beverages and to be assigned to other sectors only if such putting up for sale has not produced results;
Whereas it would seem appropriate to provide that the procedures for selling products obtained from the distillation operations referred to in Articles 39 and 40 of Regulation (EEC) No 337/79 on the market in alcohol and spirituous beverages be opened and administered by the Member States' intervention agencies; whereas, however, since the disposal of this alcohol in other sectors and the disposal of alcohol obtained from the distillation operations provided for in Article 41 are wholly the responsibility of the EAGGF, they must be carried out under procedures opened and administered at Community level;
Whereas, in order to avoid any disturbance of the various markets in alcohol while affording operators some guidance, it would seem appropriate to provide for the fixing of minimum prices before the beginning of each marketing year; whereas it must, however, be possible for these prices to be altered if the economic situation has significantly altered the terms of reference;
Whereas the period of application of this Regulation should be limited, as of now, to one year in order to enable some degree of experience to be gained and to enable a decision on measures to be taken, and subsequently to be made on the basis of that experience,
HAS ADOPTED THIS REGULATION:
Article 1
1. Alcohol obtained by the distillation operations referred to in Articles 39, 40 and 41 of Regulation (EEC) No 337/79 and held by intervention agencies shall be disposed of by a tendering procedure or by public auction.
2. The conditions governing the tendering procedures and public auctions must ensure equality of treatment for all interested parties wherever they are established in the Community.
3. Tendering procedures and public auctions may be held with a view to a specific use.
4. Admission to the procedures referred to in paragraph 1 shall be limited to interested parties who have guaranteed compliance with their obligations by putting up a security.
Article 2
As regards the products obtained from the distillation operations referred to in Articles 39 and 40 of Regulation (EEC) No 337/79:
(a) the intervention agencies shall, within a period to be determined, open a tendering procedure or hold a public auction in order to dispose of such products on the markets in alcohol and spirituous beverages;
(b) tenders accepted under these procedures must at least observe the minimum prices referred to in Article 6 (1) (a) and (b);
(c) where the products have not been disposed of as provided for in (a) and (b), the Commission shall decide to open a tendering procedure in accordance with Article 67 of Regulation (EEC) No 337/79 in order to dispose of them in other sectors, and in particular for use as motor or other fuel.
Article 3
The products obtained from the distillation operations referred to in Article 41 of Regulation (EEC) No 337/79 shall be disposed of by tendering procedure opened in accordance with the procedure laid down in Article 67 of Regulation (EEC) No 337/79.
Article 4
Under the tendering procedures provided for in Articles 2 (c) and 3, the Commission shall, in accordance with the procedure laid down in Article 67 of Regulation (EEC) No 337/79, decide:
- either the minimum price at which tenders shall be accepted, such price in no circumstances being lower than the minimum price fixed for the various types of alcohol pursuant to Article 6 (1);
- or not to accept any of the tenders received.
Article 5
Priority in disposing of alcohol for use as motor or other fuel under the tendering procedures laid down in Articles 2 (c) and 3 shall be given to alcohol other than neutral alcohol.
Article 6
1. The following minimum selling prices shall be fixed:
(a) a minimum selling price for neutral alcohol which complies with the definition given in the Annex to Regulation (EEC) No 2179/83 (1), with the exception of the neutral alcohol referred to in (c), (e) and (f);
(b) a minimum selling price for alcohol other than neutral alcohol, with the exception of the alcohol referred to in (d) and (e);
(c) a special minimum selling price for neutral alcohol intended, under certain conditions, for use as motor fuel;
(d) a special minimum selling price for alcohol other than neutral alcohol intended, under certain conditions, for use as motor fuel;
(e) a special minimum selling price for neutral alcohol and alcohol other than neutral alcohol intended, under certain conditions, for use as other fuel;
(f) a special minimum selling price for neutral alcohol under certain conditions.
2. The minimum selling prices referred to in paragraph 1 (a) and (b) shall, for a comparable quality, be fixed so as to avoid any disturbance of the markets in alcohol and spirituous beverages produced in the Community and at a level no lower than both the representative prices recorded on Community markets for grain alcohol and the prices of wine alcohol obtained under Community distillation measures.
3. The special minimum selling prices referred to in 1 (c) and (d) shall be fixed taking into account the average Community marketing price, net of tax of 'super' grade petrol and a coefficient of equivalence.
4. The special minimum selling price referred to in 1 (e) shall be fixed taking into account an average Community marketing price, net of tax, for liquid fuel for thermal power stations and a coefficient of equivalence.
5. The prices referred to in paragraph 1 shall be fixed before the beginning of each wine year in accordance with the procedure laid down in Article 67 of Regulation (EEC) No 337/79.
Such prices may be altered during the wine year, in accordance with the same procedure, particularly if:
- in the case of the prices referred to in paragraph 1 (a) and (b), significant variations occur in the prices of grain or wine ethyl alcohol of comparable quality,
- in the case of the prices referred to in paragraph 1 (c) and (d), significant variations occur in the price of 'super' grade petrol.
- in the case of the price referred to in paragraph 1 e), significant variations occur in the prices of liquid fuels used in thermal power stations.
The conditions referred to in paragraph 1 (c), (d), (e) and (f) shall be determined in accordance with the same procedure.
Article 7
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply to products taken over by the intervention agencies after 1 September 1982 and still held when this Regulation enters into force.
It shall be applicable until 31 December 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 January 1986. | [
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*****
COUNCIL REGULATION (EEC) No 1603/83
of 14 June 1983
laying down special measures for the disposal of dried grapes and dried figs from the 1981 harvest held by storage agencies
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),
Whereas Council Regulation (EEC) No 516/77 of 14 March 1977 on the common organization of the market in products processed from fruit and vegetables (2), as last amended by Regulation (EEC) No 1088/83 (3), laid down a system of aid for the production of dried grapes and dried figs;
Whereas Article 3 of Regulation (EEC) No 2194/81 (4), as last amended by Regulation (EEC) No 2674/82 (5), provides for the purchase by storage agencies of those quantities of dried grapes and dried figs not covered by contracts between producers and processors; whereas Article 6 of that Regulation provides for the sale of these products by tender or at prices fixed in advance, taking account of market developments; whereas, further, Article 10 provides for the grant of storage aid and financial compensation in the event of such sales;
Whereas certain quantities of dried grapes and dried figs from the 1981 harvest, bought by storage agencies under the contracts referred to in Article 3 of Regulation (EEC) No 2194/81, are still in stock and are reaching a level such that the balance of the market may be jeopardized; whereas, to avoid this taking place, steps should be taken for the storage agencies to sell these products to certain processing industries;
Whereas the conditions governing the sales thus provided for to distillation industries must be such that they avoid disturbing the Community market in alcohol and spirituous beverages;
Whereas compensation should be provided for in respect of losses suffered by the storage agencies when these sales are made,
HAS ADOPTED THIS REGULATION:
Article 1
1. The storage agencies referred to in Article 3 of Regulation (EEC) No 2194/81 shall sell to:
(a) distillation industries;
(b) industries using the products concerned for the manufacture of:
- pickles, falling within subheading ex 20.01 C of the Common Customs Tariff,
- sauces, mixed condiments and mixed seasonings, falling within subheading 21.04 C of the Common Customs Tariff; or
(c) industries using the products concerned for purposes other than human consumption,
quantities of dried grapes and dried figs from the 1981 harvest which they bought in accordance with the said Article 3 and which they have in stock.
Such products shall be sold by tender or at prices fixed in advance.
2. The conditions governing sales to distillation industries shall be such that they avoid disturbing the Community market in alcohol and spirituous beverages.
3. The products in question shall be disposed of under such conditions that equality of access to the merchandise and equality of treatment of the purchasers is ensured.
4. Financial compensation equal to the difference between the minimum purchase price and the selling price for the quantities in question shall be granted to the storage agency.
5. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 20 of Regulation (EEC) No 516/77.
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 DECISION
of 30 April 2009
completing the definition of inert waste in implementation of Article 22(1)(f) of Directive 2006/21/EC of the European Parliament and the Council concerning the management of waste from extractive industries
(notified under document number C(2009) 3012)
(2009/359/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (1), and in particular Article 22(1)(f) thereof,
Whereas:
(1)
Article 3(3) of Directive 2006/21/EC provides for a definition of inert waste.
(2)
The purpose of complementing the definition of inert waste is to establish clear criteria and conditions under which waste from extractive industries can be considered as inert waste.
(3)
To minimise the administrative burden linked with the implementation of this Decision, it is appropriate from a technical point of view to exempt from specific testing those wastes for which existing relevant information is available, and to allow Member States to establish lists of waste material which could be considered as inert in accordance with the criteria set out in the present Decision.
(4)
In order to ensure the quality and the representativity of the information used, this Decision should be applied in the framework of the waste characterisation carried out in accordance with Commission Decision 2009/360/EC (2) and should be based on the same sources of information.
(5)
The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Directive 2006/12/EC of the European Parliament and of the Council (3),
HAS ADOPTED THIS DECISION:
Article 1
1. Waste shall be considered as being inert waste, within the meaning of Article 3(3) of Directive 2006/21/EC, where all of the following criteria, are fulfilled in both the short and the long term:
(a)
the waste will not undergo any significant disintegration or dissolution or other significant change likely to cause any adverse environmental effect or harm human health;
(b)
the waste has a maximum content of sulphide sulphur of 0,1 %, or the waste has a maximum content of sulphide sulphur of 1 % and the neutralising potential ratio, defined as the ratio between the neutralising potential and the acid potential, and determined on the basis of a static test prEN 15875 is greater than 3;
(c)
the waste presents no risk of self-combustion and will not burn;
(d)
the content of substances potentially harmful to the environment or human health in the waste, and in particular As, Cd, Co, Cr, Cu, Hg, Mo, Ni, Pb, V and Zn, including in any fine particles alone of the waste, is sufficiently low to be of insignificant human and ecological risk, in both the short and the long term. In order to be considered as sufficiently low to be of insignificant human and ecological risk, the content of these substances shall not exceed national threshold values for sites identified as not contaminated or relevant national natural background levels;
(e)
the waste is substantially free of products used in extraction or processing that could harm the environment or human health.
2. Waste may be considered as inert waste without specific testing if it can be demonstrated, to the satisfaction of the competent authority, that the criteria set out in paragraph 1 have been adequately considered and are met on the strength of existing information or valid procedures or schemes.
3. The Member States may draw up lists of waste materials to be regarded as inert in accordance with the criteria defined in paragraphs 1 and 2.
Article 2
The assessment of the inert property of waste in accordance with this Decision shall be completed in the framework of the waste characterisation referred in Decision 2009/360/EC and shall be based on the same sources of information.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 30 April 2009. | [
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COMMISSION REGULATION (EC) No 1069/2007
of 17 September 2007
imposing a provisional anti-dumping duty on imports of polyvinyl alcohol (PVA) originating in the People's Republic of China
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 Article 7 thereof,
After consulting the Advisory Committee,
Whereas:
1. PROCEDURE
1.1. Initiation
(1)
On 19 December 2006, pursuant to Article 5 of the basic Regulation, the Commission announced by a notice (notice of initiation) published in the Official Journal of the European Union (2), the initiation of an anti-dumping proceeding with regard to imports into the Community of polyvinyl alcohol (PVA), originating in the People's Republic of China (PRC) and Taiwan (the countries concerned).
(2)
The proceeding was initiated following a complaint lodged on 6 November 2006 by Kuraray Specialties Europe GmbH (the complainant), since January 2007 referred to as Kuraray Europe GmbH, representing a major proportion, in this case more than 25 %, of the total Community production of polyvinyl alcohol (PVA). The complaint contained prima facie evidence of dumping of PVA originating in the countries concerned and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding.
1.2. Parties concerned by the proceeding
(3)
The Commission officially advised the complainant producer and other known Community producers, exporting producers in the countries concerned, importer/traders and users known to be concerned and the representatives of the exporting countries concerned, of the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. All interested parties, who so requested and showed that there were particular reasons why they should be heard, were granted a hearing.
(4)
In order to allow exporting producers in the PRC to submit a claim for market economy treatment (MET) or individual treatment (IT), if they so wished, the Commission sent claim forms to the exporting producers known to be concerned as well as to the authorities of the PRC. One exporting producer in the PRC claimed MET pursuant to Article 2(7)(b) of the basic Regulation, or IT should the investigation establish that they did not meet the conditions for MET.
(5)
In view of the apparent large number of exporting producers in the PRC and importers in the Community, sampling for those parties was envisaged in the notice of initiation for the determination of dumping and injury, in accordance with Article 17 of the basic Regulation.
(6)
However, as far as the exporting producers in the PRC are concerned, given that only three exporting producers cooperated, it was subsequently decided that sampling would not be necessary.
(7)
As concerns the importers of PVA, the Commission requested all known importers to provide information concerning imports and sales of the product concerned. On the basis of the information received from 14 cooperating importers, the Commission selected a sample of five importers, of which two were based in Germany, one in Italy, one in the Netherlands and one in the United States of America. These importers represented the largest representative volume of sales in the Community (around 80 %) of the cooperating importers, which could be reasonably investigated within the time available.
(8)
The Commission sent questionnaires to all parties known to be concerned and to all other companies that made themselves known within the deadlines set out in the notice of initiation. Questionnaire replies were received from two Community producers, three exporting producers in the PRC, one exporting producer in Taiwan, the five sampled importers and seven users in the Community.
(9)
As concerns the questionnaire replies received from users, two of those were incomplete and therefore had to be disregarded. In addition, several users submitted comments without replying to the questionnaire.
(10)
One of the sampled importers cancelled twice at a very late stage an agreed verification visit. As a consequence, the data submitted by this company could not be verified and it provisionally had to be disregarded.
(11)
The Commission sought and verified all the information it deemed necessary for the purpose of MET/IT in the case of the PRC and for a preliminary determination of dumping, resulting injury and Community interest for both countries concerned. Verification visits were carried out at the premises of the following companies:
(a)
Community producers:
-
Kuraray Europe GmbH, Frankfurt, Germany,
-
Celanese Chemicals Ibérica S.L., Tarragona, Spain;
(b)
Exporting producer in Taiwan:
-
Chang Chun Petrochemical Co. Ltd., Taipei;
(c)
Exporting producer in the PRC:
-
Shanxi Sanwei Group Co., Ltd., Hongdong;
(d)
Unrelated importers in the Community:
-
Cordial Beheer en Registergoederen BV, Winschoten, the Netherlands,
-
Menssing Chemiehandel & Consultants GmbH, Hamburg, Germany,
-
Omya Peralta GmbH, Hamburg, Germany;
(e)
Users in the Community:
-
Cordial Beheer en Registergoederen BV, Winschoten, the Netherlands,
-
Wacker Chemie AG, Burghausen, Germany.
(12)
In light of the need to establish a normal value for the exporting producers in the PRC which did not request MET or to which MET might not be granted, a verification to establish normal value on the basis of data from the analogue country envisaged in the notice of initiation, Japan, took place at the premises of the following producer:
-
Kuraray Japan, Tokyo.
1.3. Investigation period
(13)
The investigation of dumping and injury covered the period from 1 October 2005 to 30 September 2006 (the investigation period or IP). The examination of trends relevant for the assessment of injury covered the period from 1 January 2003 to the end of the investigation period (period considered).
2. PRODUCT CONCERNED AND LIKE PRODUCT
2.1. Product concerned
(14)
The product concerned is certain polyvinyl alcohols (PVA) in the form of homopolymer resins with a viscosity (measured in 4 % solution) of 3 mPas or more but not exceeding 61 mPas and a degree of hydrolysis of 84,0 mol % or more but not exceeding 99,9 mol % originating in the People's Republic of China and Taiwan (‘the product concerned’), normally declared within CN code ex 3905 30 00.
(15)
PVA is produced by the hydrolysis of polyvinyl acetate which is manufactured by the polymerisation of vinyl acetate monomer (the latter being produced from, mainly, ethylene and acetic acid). PVA has a wide variety of applications. In the Community, it is mainly used for the production of polyvinyl butyral (PVB) (25 %-29 % of consumption), polymerisation aids (21 %-25 %), paper coatings (17 %-21 %), adhesives (13 %-17 %) and for textile sizing (8 %-12 %).
(16)
One Community user claimed that a specific product it purchased from the PRC should not be considered as the product concerned, as (i) it is not a standard PVA model and has different and very specific chemical and physical characteristics; and (ii) it has different uses or applications from commodity PVA.
(17)
As concerns the first argument, it was found that this model falls within the product description as described in recital 14 and that it shares its basic physical and technical characteristics with the other models falling within the product definition. As concerns the second argument, this particular PVA model was used for the production of PVB, which is not only, as indicated in recital 15, the most important application but also the fastest growing market for PVA in the Community. It would be unrealistic to characterise such a market as not standard. Moreover, it was found that the average prices paid for PVA for the different applications were within the same range. In view of all these findings, it was considered that there were no grounds to exclude this model from the product definition and therefore the claim was dismissed.
2.2. Like product
(18)
The investigation showed that PVA produced and sold in the Community by the Community industry, PVA produced and sold on the domestic markets of Taiwan and the PRC, and PVA produced in the PRC and Taiwan and exported to the Community, as well as that produced and sold in Japan, have essentially the same basic chemical and physical characteristics and the same basic uses. They are therefore considered to be alike within the meaning of Article 1(4) of the basic Regulation.
3. DUMPING
3.1. Taiwan
3.1.1. Normal value
(19)
For the determination of normal value, it was first established whether domestic sales of the like product to independent customers of the sole exporting producer in Taiwan were representative, i.e. whether the total volume of such sales represented at least 5 % of its total export sales volume of the product concerned to the Community, in accordance with Article 2(2) of the basic Regulation.
(20)
For each product type sold by the exporting producer on its domestic market and found to be directly comparable with the product type sold for export to the Community, it was established whether domestic sales were sufficiently representative. Domestic sales of a particular product type were considered sufficiently representative when the total volume of that product type sold on the domestic market to independent customers during the IP represented at least 5 % of the total sales volume of the comparable product type exported to the Community.
(21)
The Commission subsequently examined whether the domestic sales of each product type sold domestically in representative quantities could be regarded as being sold in the ordinary course of trade pursuant to Article 2(4) of the basic Regulation. This was done by establishing for each exported product type the proportion of profitable domestic sales to independent customers during the IP.
(22)
For those product types where more than 80 % by volume of sales on the domestic market were not below unit cost and where the weighted average sales price was equal to or higher than the weighted average production cost, normal value, by product type, was calculated as the weighted average of all domestic sales prices of the type in question.
(23)
Where the volume of profitable sales of a product type represented 80 % or less of the total sales volume of that type, or where the weighted average price of that type was below the cost of production, normal value was based on the actual domestic price, calculated as a weighted average of profitable sales of that type only, provided that these sales represented 10 % or more of the total sales volume of that type.
(24)
Where the volume of profitable sales of any product type represented less than 10 % of the total sales volume of that type, it was considered that this particular type was sold in insufficient quantities for the domestic price to provide an appropriate basis for the establishment of the normal value.
(25)
Wherever domestic prices of a particular product type sold by the exporting producer could not be used in order to establish normal value, the normal value was constructed in accordance with Article 2(3) of the basic Regulation.
(26)
When constructing normal value pursuant to Article 2(3) of the basic Regulation, the amounts for selling, general and administrative costs and for profits have been based, pursuant to Article 2(6) of the basic Regulation, on the actual data pertaining to the production and sales, in the ordinary course of trade, of the like product, by the exporting producer under investigation.
3.1.2. Export price
(27)
The sole exporting producer exported the product concerned directly to independent customers in the Community. Export prices were therefore established on the basis of the prices actually paid or payable by these independents customers for the product concerned, in accordance with Article 2(8) of the basic Regulation.
3.1.3. Comparison
(28)
The normal values and the export prices of the sole exporting producer were compared on an ex-works basis. For the purpose of ensuring a fair comparison between the normal value and export prices, due allowance in the form of adjustments was made for differences in transport and insurance costs, handling, loading and ancillary costs, packing costs, credit costs, after sales costs (warranty and guarantee) and other factors (bank charges) where applicable and justified, in accordance with Article 2(10) of the basic Regulation.
3.1.4. Dumping margin
(29)
The comparison of the normal values with the export prices showed a dumping margin of - 2,30 % for the sole Taiwanese exporting producer, Chang Chun Petrochemical Co. Ltd., during the IP.
(30)
Considering that the sole cooperating company is the only exporting producer of the product concerned in Taiwan and that it accounts for 100 % of Taiwanese exports to the EC during the IP, it was concluded that no dumping was found for Taiwan.
3.2. People's Republic of China (PRC)
3.2.1. Market Economy Treatment (MET)
(31)
Pursuant to Article 2(7)(b) of the basic Regulation, in anti-dumping investigations concerning imports originating in the PRC, normal value shall be determined in accordance with paragraphs 1 to 6 of Article 2 for those producers which have shown that they meet the criteria laid down in Article 2(7)(c) of the basic Regulation, i.e. where it is demonstrated by such exporting producers that market economy conditions prevail in respect of the manufacture and sale of the like product. Briefly, and for ease of reference only, these criteria are set out in summarised form below:
-
business decisions are made in response to market signals, without significant State interference, and costs reflect market values,
-
firms have one clear set of basic accounting records, which are independently audited in line with international accounting standards and are applied for all purposes,
-
there are no significant distortions carried over from the former non-market economy system,
-
bankruptcy and property laws guarantee stability and legal certainty,
-
exchange rate conversions are carried out at market rates.
(32)
One Chinese exporting producer and its related trading company requested MET pursuant to Article 2(7)(b) of the basic Regulation and replied to the MET claim form for exporting producers within the given deadlines. The producer manufactures the product concerned, while its related trading company is involved in the export sales of the product concerned. Indeed, it is the Commission’s consistent practice to examine whether a group of related companies as a whole fulfils the conditions for MET.
(33)
For the exporting producer and its trading company claiming MET, the Commission sought all information deemed necessary and verified the information submitted in the MET claim at the premises of the companies in question as deemed necessary.
(34)
The investigation revealed that MET could not be granted to the Chinese exporting producer as it did not meet criterion 1 set out in Article 2(7)(c) of the basic Regulation.
(35)
The exporting producer, as well as its related trading company, was found to be controlled by fully State-owned companies which were represented by a decisive majority of the members of the Board of Directors at a ratio which was disproportionate to their shareholding. In addition, the majority of the shares were owned ultimately by the State during the IP. As the companies concerned failed to present evidence that could be considered sufficient to remove doubts of significant State interference in management decisions, it was determined that this group of companies was under significant State control and interference. The interested parties were given an opportunity to comment on the above findings. The comments received were not of a nature to change the conclusions.
(36)
On the basis of the above, the Chinese exporting producer and its related trading company have not shown that they fulfil all the criteria set out in Article 2(7)(c) of the basic Regulation and, thus, could not be granted MET.
3.2.2. Individual treatment (IT)
(37)
Pursuant to Article 2(7)(a) of the basic Regulation, a countrywide duty, if any, is established for countries falling under that Article, except in those cases where companies are able to demonstrate that they meet all criteria set out in Article 9(5) of the basic Regulation.
(38)
As far as the PRC is concerned, the sole exporting producer and its related trading company, who requested MET, also claimed IT in the event that they would not be granted MET.
(39)
On the basis of the information available, it was found that the exporting producer and its trading company failed to demonstrate that they cumulatively met all the requirements for IT as set forth in Article 9(5) of the basic Regulation. Namely, it was established that the exporting producer and its trading company failed to meet the criterion stipulated in Article 9(5)(c) of the basic Regulation that the majority of the shares belong to private persons and that state officials appearing on the Board of Directors or holding key management positions shall either be in the minority or it must be demonstrated that the company is nonetheless sufficiently independent from State interference, for the reasons explained in recital 35.
3.2.3. Analogue country
(40)
According to Article 2(7)(a) of the basic Regulation, normal value for the exporting producers not granted MET has to be established on the basis of the prices or constructed value in an analogue country.
(41)
In the notice of initiation, the Commission indicated that it envisaged using Japan as an appropriate analogue country for the purpose of establishing normal value for the PRC and interested parties were invited to comment on this. Some of the interested parties objected to this proposal and proposed the use of India or Taiwan instead.
(42)
In India, there was no significant production of the like product. Taiwan was subject to the investigation and thus data in that country might be distorted by dumping. Therefore, the parties were informed that Japan was selected as analogue country because it was not subject to the investigation, there was representative production of the like product and the conditions of competition seemed appropriate.
(43)
The Commission sought cooperation from four known producers in Japan and sent the relevant questionnaire to them. Two of the four Japanese producers replied to the questionnaire. However, one of them did not submit complete data and did not accept a verification visit. The data submitted by the sole fully cooperating Japanese producer were verified on the spot.
(44)
However, after the verification visit at the exporting producer in Taiwan, it was found that Taiwan was not dumping during the IP. The question of the choice of analogue country was therefore reconsidered.
(45)
In this regard, it was found that the production volume in Taiwan constitutes more than 100 % of the volume of Chinese exports of the product concerned to the Community. Moreover, the Taiwanese market can be characterised as open, given that the import duty level is low (MFN duty of 5 %). The investigation also showed that there were significant domestic sales of the like product in Taiwan and that there were sufficient imports into the Taiwanese market. Therefore, Taiwan was deemed a competitive market and sufficiently representative for the determination of normal value for the PRC.
(46)
In addition, imports of PVA into Taiwan represent around 15 % of domestic consumption compared to only around 3 % in the case of Japan, indicating that the Japanese market is less appropriate than Taiwan in terms of competition from imports. In view of the above, it was provisionally decided that Taiwan be used as analogue country, as it constitutes the most appropriate analogue country within the meaning of Article 2(7)(a) of the basic Regulation.
3.2.4. Normal value
(47)
Following the choice of Taiwan as analogue country as indicated in recital 46, and pursuant to Article 2(7)(a) of the basic Regulation, the normal value established for Taiwan in recitals 19 to 26 was used in the dumping calculation for the PRC.
3.2.5. Export price
(48)
Since the three Chinese cooperating exporting producers accounted together for almost the totality of the exports of the product concerned to the Community during the IP, their own export data were used to establish the export price. The reliability of the information provided was nevertheless cross-checked with Eurostat import data which showed reasonable agreement.
(49)
The three cooperating exporting producers in the PRC made export sales to the Community either directly to independent customers in the Community or through their related trading companies located in the exporting country.
(50)
For all export sales, export prices were established on the basis of the prices actually paid or payable, in accordance with Article 2(8) of the basic Regulation.
3.2.6. Comparison
(51)
The normal values of the sole producer in the analogue country, Taiwan and the export prices of the three cooperating Chinese exporting producers were compared on an ex-works basis. For the purpose of ensuring a fair comparison between the normal value and export prices, due allowance in the form of adjustments was made for differences in transport and insurance costs, handling, loading and ancillary costs, packing costs, credit costs and commissions where applicable and justified, in accordance with Article 2(10) of the basic Regulation.
3.2.7. Dumping margin
(52)
In the absence of MET or IT being granted to any of the cooperating Chinese exporting producers, a countrywide dumping margin was calculated for the whole of the PRC using the weighted average of the ex-works export prices of the three cooperating exporting producers.
(53)
The comparison of the weighted average Chinese export price and the weighted average normal value of the analogue country showed a dumping margin of 10,06 %.
4. INJURY
4.1. Community production and Community industry
(54)
Within the Community, the like product is manufactured for sale by three companies: Kuraray Europe GmbH (KEG) in Germany, Celanese Ibérica Chemicals (Celanese) in Spain and a third producer which produces very limited volumes but did not cooperate in the investigation. KEG and Celanese fully cooperated in the investigation.
(55)
In addition to the production mentioned above, three Community producers produce the like product for captive use only. Two of these companies cooperated in the investigation as a user as they also purchased significant quantities of the product concerned for the production of their downstream products.
(56)
As the two cooperating producers mentioned in recital 54 accounted for 80 % of the total (captive and non-captive) Community production during the IP, it is considered that they account for a major proportion of the total Community production of the like product. They are therefore deemed to constitute the Community industry within the meaning of Article 4(1) and Article 5(4) of the basic Regulation and will hereinafter be referred to as the ‘Community industry’.
(57)
Given that the Community industry comprises only two producers, data relating to the Community industry had to be indexed in order to preserve confidentiality pursuant to Article 19 of the basic Regulation.
(58)
In order to establish whether or not the Community industry suffered injury and to determine consumption and the various economic indicators relating to the situation of the Community industry, it was examined whether and to what extent the subsequent use of the Community industry’s production of the like product had to be taken into account in the analysis.
(59)
PVA is used as an intermediate material for a variety of other products. In the Community, it is often consumed in the production of polyvinyl butyral (PVB), used as an adhesive, for paper coating, as a polymerisation aid and for textile sizing. It was found in the investigation that one of the Community producers, which sold most of its own-produced PVA on the open market, also used significant volumes of its produced PVA for further downstream processing within the same company. Such situation is referred to as captive use. As explained in recital 55, three other companies in the Community produced PVA for captive use only and in addition to this production for captive use, at least two of them also purchased significant volumes of PVA on the market as a user for further downstream processing.
(60)
It was found that the quantities used for captive use, by the companies concerned in the Community, could in principle be substituted by purchased PVA, e.g. if market circumstances and/or financial considerations would trigger such a change. They have therefore been included in the Community market analysis.
4.2. Community consumption
(61)
Community consumption was established on the basis of the free market sales volumes of the Community industry’s own production on the Community market, the captive use of the Community industry, the production quantities of the other (smaller) Community producers as obtained from the most widely used database in this particular business, the captive use of the two users referred to in recital 55, the verified import volumes of the sole Taiwanese producer, and Community import volumes data concerning all other countries obtained from Eurostat.
(62)
Regarding the Community import volumes data obtained from Eurostat, as mentioned in recital 14, the product concerned is presently declared within CN code ex 3905 30 00. The Eurostat data concerning this ex CN code also include certain niche products not covered by the product scope. As it was not possible to retrieve from the broader category of products the data for the product concerned only, they were therefore adjusted based on information on imports of these niche products provided in the complaint.
(63)
Also with regard to the Eurostat data it is to be noted that certain imports of the product concerned were reported under ‘secret extra’ and, therefore, no details on origin were available in the public database. Details on the countries of origin of the imports declared as such have been acquired from the relevant customs authorities and they therefore have been included in all relevant tables and analyses.
(64)
On the basis of the above, it was found that the consumption of PVA has increased strongly during the period considered and especially between 2004 and 2005. Over the period considered, the consumption increase was 14 % which was mainly due to a fast growing demand for PVA as raw material for the production of polyvinyl butyral (PVB), which is used for the production of PVB film or sheets. PVB film is used as an interlayer in the production of laminated safety glass, in automotive and architectural markets, which is a strongly growing market in the Community.
2003
2004
2005
IP
Consumption in tonnes
142 894
148 807
163 851
163 096
Index (2003 = 100)
100
104
115
114
4.3. Imports from the countries concerned
(65)
As the dumping margin found for Taiwan is below de minimis, imports originating in this country should be provisionally excluded from the injury assessment.
(a) Volume and market share of the imports concerned
(66)
The volumes of imports of the product concerned decreased by 39 percentage points between 2003 and 2004, then increased by 29 percentage points in 2005 after which they went slightly down, resulting in a decrease of 11 % during the IP as compared to 2003.
Imports
2003
2004
2005
IP
PRC tonnes
24 067
14 710
21 561
21 513
Index (2003 = 100)
100
61
90
89
(67)
The market share held by imports from the PRC also first sharply decreased and then went up. During 2005 and the IP imports from the PRC accounted for 13 % of the whole Community market.
Market share PRC
2003
2004
2005
IP
Community market
17 %
10 %
13 %
13 %
Index (2003 = 100)
100
59
78
78
(b) Prices
(68)
Between 2003 and the IP, the average price of imports of the product concerned originating in the PRC decreased by two percentage points.
Unit prices
2003
2004
2005
IP
PRC (EUR/tonne)
1 150
1 115
1 164
1 132
Index (2003 = 100)
100
97
101
98
(c) Price undercutting
(69)
For the determination of price undercutting the price data referring to the IP were analysed. The relevant sales prices of the Community industry were net prices after deduction of discounts and rebates. Where necessary, these prices were adjusted to an ex-works level, i.e. excluding freight cost in the Community. The import prices of the PRC were also net of discounts and rebates and were adjusted where necessary to cif Community frontier with an appropriate adjustment for the customs duties (6,5 %) and post-importation costs, as incurred by importers in the Community.
(70)
The Community industry's sales prices and the import prices of the PRC were compared at the same level of trade, namely to independent customers within the Community market. As it was considered that the comparison per model had to be meaningful and fair, and, therefore, no comparison between a standard grade and a special grade falling within the product definition should be allowed, it was considered appropriate to exclude a limited number of models from the comparison. These models represented 35 % of imports from the PRC but only a very small quantity of Community industry sales on the Community market.
(71)
During the IP, the weighted average price undercutting margin thus calculated, expressed as a percentage of the Community industry's sales prices, was 3,3 % for the PRC.
4.4. Situation of the Community industry
(72)
In accordance with Article 3(5) of the basic Regulation, the examination of the impact of the dumped imports on the Community industry included an evaluation of all economic factors having a bearing on the state of the Community industry during the period considered. For confidentiality reasons, given that the analysis concerns only two companies, most indicators are presented in indexed form or ranges are given.
(a) Production, capacity and capacity utilisation
2003
2004
2005
IP
Production in tonnes (ranges)
60 000-80 000
65 000-85 000
70 000-90 000
75 000-95 000
Production (index)
100
103
119
126
Production capacity in tonnes
(ranges)
60 000-80 000
65 000-85 000
70 000-90 000
75 000-95 000
Production capacity (index)
100
107
129
133
Capacity utilisation (index)
100
97
92
94
(73)
The Community industry’s production increased by 26 % during the period considered. The significant increase in production capacity, notably in 2005, was triggered by the increasing demand on the Community market.
(74)
Between 2003 and the IP, additional production capacity was installed by the Community industry. During the same period, capacity utilisation decreased by 6 %.
(b) Sales volume and market shares in the Community
(75)
The table below shows the Community industry's performance in relation to its sales to independent customers in the Community:
Community Industry
2003
2004
2005
IP
Sales volume (index)
100
110
112
122
Market share (index)
100
104
97
104
(76)
Sales volumes of the Community industry to independent customers in the Community went up by 22 % from 2003 to the IP. This has to be seen in the light of an increasing consumption in the Community.
(77)
The market share of the Community industry increased in 2004, then decreased sharply in 2005 and during the IP it was four percentage points higher than in 2003.
(c) Prices in the Community
(78)
The main raw material used for the production of PVA is vinyl acetate monomer or VAM. VAM is a commodity product and, as such, prices of VAM are determined based on the balance in the market between demand and supply. Moreover, the market price of VAM is heavily influenced by the development of the oil and gas prices as the major inputs for the production of VAM are acetic acid (the production of which is natural gas intensive) and ethylene (produced from distillation of hydrocarbons). In addition, energy is also a major cost in producing PVA from VAM. The total weight of energy cost in the production of PVA subsequently amounts to 50 % to 60 % and therefore, in normal circumstances, a significant change in the oil and gas prices can be expected to have a direct impact on the PVA sales price.
(79)
It was found that world market prices of these raw materials went up significantly between 2003 and the IP. During this period VAM prices increased by 20 % to 30 % and the increase in energy prices was even much higher. However, this dramatic price evolution of the main raw materials cost was not reflected in higher sales prices of the Community industry: sales prices of the Community industry decreased during the same period by 5 %, with a particularly bad year in 2004 (- 7 %). Thus, instead of passing on the overall cost increase to their customers, the Community industry had to decrease prices in order not to lose customers.
2003
2004
2005
IP
Unit prices in EUR (ranges)
1 300-1 800
1 100-1 600
1 200-1 700
1 200-1 700
Unit prices (index)
100
93
95
95
(d) Stocks
(80)
The figures below represent the volumes of stocks at the end of each period.
2003
2004
2005
IP
Stocks in tonnes (ranges)
10 000-15 000
8 000-13 000
9 000-14 000
8 000-13 000
Stocks (index)
100
87
96
87
(81)
The level of stocks remained rather stable overall. It decreased by 13 % between 2003 and 2004, subsequently increased by nine percentage points until the end of 2005 and then decreased again by nine percentage points.
(e) Investments and ability to raise capital
2003
2004
2005
IP
Investments (index)
100
369
177
62
(82)
Investments peaked in 2004 and 2005, when the production capacity of the Community industry was increased following the increasing demand on the market. During the investigation it was found that investments in buildings, plants and machinery in 2003 as well as during the IP were mainly to maintain the production capacity.
(83)
The investigation showed that the financial performance of the Community industry deteriorated but it did not reveal that its ability to raise capital was seriously affected yet during the period considered.
(f) Profitability, return on investment and cash flow
(84)
In view of very high and distorting extraordinary costs incurred by the main Community producer during the period considered, it was not considered reasonable to establish the profitability on the basis of the pre-tax net profit. These extraordinary costs were related to the change of ownership of the main Community producer in 2001. Therefore, the profitability of the Community industry was established by expressing the operating profit on the sales of the like product to unrelated customers as a percentage of the turnover of these sales.
2003
2004
2005
IP
Profitability on EC sales (range)
7 %-17 %
3 %-13 %
2 %-12 %
(- 5 %)-(+5 %)
Profitability on EC sales (index)
100
38
29
8
Return on total investments (range)
(80 %)-(100 %)
(10 %)-(30 %)
(5 %)-(20 %)
(0 %)-(15 %)
Return on total investments (index)
100
17
12
4
Cash flow (index)
100
55
26
-7
(85)
The decline in sales prices between 2003 and the IP significantly affected the profitability achieved by the Community industry. This profitability dropped by more than 10 percentage points during the period considered. The return on total investments was calculated by expressing the operating profit of the like product as a percentage of the net book value of fixed assets allocated to the like product. This indicator followed a similar trend as profitability, decreasing significantly over the period considered. With regard to the cash flow generated by the Community industry, a similar negative trend was found, resulting in a dramatic overall deterioration of the Community industry's financial situation in the IP.
(g) Employment, productivity and wages
2003
2004
2005
IP
Number of employees (index)
100
100
97
96
Average labour cost per employee (index)
100
105
97
95
Productivity (index)
100
103
123
132
(86)
Due to serious efforts to cut costs, the number of personnel employed by the Community industry declined by 4 % since 2004. From 2003 to the IP, the Community industry managed to increase the productivity per employee by 32 %. During the same period the average labour cost per employee decreased by 5 %. It can therefore be concluded that, during the period considered, the Community industry made very significant progress in terms of cost efficiency.
(h) Magnitude of the dumping margin
(87)
Given the volume and the price of the dumped imports, the impact of the actual margins of dumping cannot be considered negligible.
(i) Recovery from past dumping
(88)
In the absence of any information on the existence of dumping prior to the situation assessed in the present proceeding, this issue is considered irrelevant.
(j) Growth
(89)
The investigation showed that during the period considered the Community industry increased its Community market share with 1 % to 2 %.
4.5. Conclusion on injury
(90)
Between 2003 and the IP, a number of injury indicators developed positively: the Community industry managed to increase its sales volumes and market share, and it invested significantly in additional production capacity.
(91)
However, its financial indicators developed dramatically: the reasonable profit margin achieved in 2003 decreased very rapidly and continuously as from 2004 to the end of the IP. Return of investment and cash flow situation developed exponentially negative. The reason for this development is that the steep increase in raw material prices could not be reflected in the sales prices of the like product. Whereas, in view of the increase of raw material prices, in a normal market situation an increase of the PVA sales price by 10 % to 20 % could have been expected, the sales prices of the like product produced by the Community industry decreased by 5 %, to the detriment of its profitability. Still, during the IP, the prices of the imports from the PRC undercut those of the Community industry, on a weighted average basis by 3,3 %.
(92)
In the light of the foregoing, it is provisionally concluded that the Community industry has suffered material injury within the meaning of Article 3(5) of the basic Regulation.
5. CAUSATION
5.1. Introduction
(93)
In accordance with Article 3(6) and (7) of the basic Regulation, the Commission has examined whether dumped imports of the product concerned originating in the PRC have caused injury to the Community industry to a degree that may be considered material. Known factors other than the dumped imports, which could at the same time have injured the Community industry, were also examined to ensure that possible injury caused by these other factors was not attributed to the dumped imports.
5.2. Effects of the dumped imports
(94)
Imports from the PRC were at significant levels during the period considered, i.e. constantly representing 10 % market share or more. At the same time, average prices of all exporting producers in the PRC decreased by 2 % and they undercut the average Community industry prices by 3,3 % in the IP. The Community industry, in order to assure its presence on its home market and due to the very low market prices set by imports from the PRC, felt obliged to decrease its sales prices by 5 % during the period considered.
(95)
Therefore, the effect of this unfair pricing behaviour of the dumped imports from the PRC was that the Community industry's prices were suppressed and that they could not cover the substantial increase of cost of raw materials. This was confirmed by the significant reduction in profitability by the Community industry.
(96)
Based on the above considerations, it was found that the low-priced imports from the PRC which significantly undercut the prices of the Community industry have had a determining role in the deterioration of the situation of the Community industry, which is reflected in the sharp decrease of profitability and strong deterioration of the other financial indicators.
5.3. Effects of other factors
(a) Imports originating in third countries other than the PRC
(97)
According to Eurostat and the information collected during the investigation, the main third countries from which PVA is imported are the USA, Japan and Taiwan.
Imports originating in other third countries (quantity)
Import (tonnes)
2003
2004
2005
IP
USA
11 313
21 207
22 919
22 638
Index (2003 = 100)
100
187
203
200
Japan
13 682
11 753
12 694
14 151
Index (2003 = 100)
100
86
93
103
Taiwan (ranges)
11 000-14 000
13 000-16 500
10 000-13 000
9 000-12 000
Index (2003 = 100)
100
118
88
83
Imports originating in other third countries (average price)
Average price (EUR)
2003
2004
2005
IP
USA
1 334
1 282
1 298
1 358
Index (2003 = 100)
100
96
97
102
Japan
1 916
1 532
1 846
1 934
Index (2003 = 100)
100
80
96
101
Taiwan
1 212
1 207
1 308
1 302
Index (2003 = 100)
100
100
108
108
Market shares
Market share (%)
2003
2004
2005
IP
USA
7,9 %
14,3 %
14,0 %
13,9 %
Japan
9,6 %
7,9 %
7,7 %
8,7 %
Taiwan (ranges)
100
113
77
73
(98)
Imports from the USA have strongly increased since 2003 and during the IP they had amounted to more than 22 000 tonnes, accounting for almost 14 % of the total (captive and non-captive) Community market. The investigation showed that the bulk of these sales concerned sales between related parties and that the average unit prices of these transfer sales were, throughout the period considered, between 15 % and 20 % above the average cif prices of Chinese imports. Moreover, it was established that the quantities were resold to independent customers at prices 10 %-20 % higher than these aforementioned transfer import prices. As the market prices of PVA originating in the USA were consequently in the same ballpark as sales prices of PVA produced by the Community industry, they did not play a role in the price depression observed during the period considered. It is therefore concluded that these imports did not have a significant effect on the situation of the Community industry.
(99)
During the period considered there were also significant imports from Japan, accounting for almost 9 % of the Community market during the IP. After Japanese imports had dropped in 2004, they increased again as from 2005 and they were 3 % higher during the IP as compared to 2003. However, analysis of the sales prices of these imports showed that the average import prices of these imports were above the prices that the Community industry could obtain and they therefore have not contributed to the negative price trend which led to the serious deterioration of the Community industry's situation.
(100)
Imports from Taiwan are from one producer only which fully cooperated with the investigation. These figures were found to be more reliable than Eurostat data given that the CN code covers other products than the product concerned. They are for confidentiality reasons presented in indexes or ranges. Taiwanese imports, after a sharp increase in 2004, decreased gradually and accounted for 6 % to 7 % of the entire Community market during the IP (around half of the market share of imports from the PRC). During the same period, average prices of these imports increased by 8 % which is opposite to the price trend observed as regards imports from the PRC. Consequently, the price difference between PVA imported from the PRC and PVA imported from Taiwan increased from 12 % to 18 % during the IP. In view of these findings, it is provisionally concluded that these imports did not have a significant impact on the state of the Community industry.
(101)
Further to the imports from the USA, Japan and Taiwan, there are no significant imports from other countries. On the basis of the findings with regard to these imports, as described under recitals 97 to 100, it can thus provisionally be concluded that imports other than from the PRC did not contribute to the material injury suffered by the Community industry.
(b) Eventual Community sales of other Community producers
(102)
As stipulated in recitals 54 and 55, apart from the two producers comprising the Community industry, in the Community there are known to be four more companies producing the product concerned. Three of them, out of which two cooperated with the investigation as a user, consume all their own produced PVA in the manufacturing of downstream products. The fourth one is producing very limited quantities only. In view of the above, the other Community producers are deemed to have played no role in the price depression on the market and the subsequent injury suffered by the Community industry.
(c) Self-inflicted injury due to cost inefficiency
(103)
Several interested parties claimed that any injury suffered by the Community industry was linked to the fact that the Community industry had not managed to stay cost competitive and that it had taken unreasonable investment decisions. In this respect, as described under recital 86, the investigation has shown that the Community industry, during the period considered, has significantly increased its productivity, due to an increase in production output and a decrease in workforce. It was further established that the investments involved with the increase in production capacity (see recital 73) did not significantly influence the dramatically negative trend observed in the development of the financial position of the Community industry.
(104)
The sole factor significantly affecting in a negative way the cost of production of the like product during the period considered, therefore, was the steep rise in the main raw material prices used for the production of the like product, as explained in recitals 78 and 79. The investigation showed that the development of the Community industry's purchase prices of VAM and energy was proportional to the development of these raw material prices on the global market and they therefore cannot be attributed to the way the Community industry purchased these. The argument is therefore dismissed.
(d) Time lag for price adjustment
(105)
An important user of PVA submitted that it would be normal, for this particular sector, for the increase in VAM purchase price not to have yet led to an upward adjustment of the PVA sales price. This would be explained by the fact that long-term contracts are standard in the sector and, therefore, a significant time lag would be a normal phenomenon. In this respect, whilst it is recognised that certain sales of the Community industry are done via long-term agreements, it is not common that such agreements include a fixed price for a period of more than one year. Within these agreements, therefore, prices are renegotiated after a certain period or if raw material prices have changed significantly. Therefore, this argument is dismissed.
5.4. Conclusion on causation
(106)
In conclusion, the above analysis has demonstrated that imports from the PRC during the period considered provoked a substantial price depression on the Community market throughout that period. During the IP, import prices from the PRC significantly undercut the Community industry prices.
(107)
This price depression led to a considerable decrease in the sales prices of the Community industry, which in its turn coincided with a strong drop in the Community industry’s profitability, its return on investments and its cash flow from operating activities.
(108)
On the other hand, the examination of the other factors which could have injured the Community industry revealed that none of these could have had a significant negative impact.
(109)
Based on the above analysis which has properly distinguished and separated the effects of all known factors on the situation of the Community industry from the injurious effects of the dumped imports, it is provisionally concluded that the dumped imports originating in the country concerned have caused material injury to the Community industry within the meaning of Article 3(6) of the basic Regulation.
6. COMMUNITY INTEREST
(110)
The Commission examined whether, despite the conclusions on dumping, injury and causation, compelling reasons existed which would lead to the conclusion that it is not in the Community interest to adopt measures in this particular case. For this purpose, and pursuant to Article 21 of the basic Regulation, the Commission considered the likely impact of measures for all parties concerned.
6.1. Interest of the Community industry
(111)
As indicated in recital 56, the Community industry is composed of two companies, with production facilities in Germany and Spain, which employs in the range of 200 to 300 persons directly involved in the production, sales and administration of the like product. If measures are imposed, it is expected that the price depression on the Community market will come to an end and that sales prices of the Community industry will start to recover, as a consequence of which the financial situation of the Community industry will improve.
(112)
On the other hand, should anti-dumping measures not be imposed, it is likely that the negative trend in the development of the Community industry's financial indicators, and notably its profitability, will continue. The Community industry will then lose significant market share as it will no longer be able to follow the market prices set by imports from the PRC. At worst, the Community industry would be forced to step out of the free market and continue production of PVA for captive use only. In both cases, cuts in production and investments, closure of certain production capacities and job reductions in the Community will be a likely result.
(113)
In conclusion, the imposition of anti-dumping measures would allow the Community industry to recover from the effects of injurious dumping found.
6.2. Interest of unrelated importers
(114)
As described in recital 8, five sampled importers sent questionnaire replies and they accounted for around 80 % of Community imports of the product concerned during the IP. The information submitted by one of the sampled importers had to disregarded at this stage as it cancelled twice an agreed verification visit. Three of the questionnaire replies were verified on the spot.
(115)
The overall weight represented by PVA in the total turnover of these importers' activities was very small. On an average basis, 3 % to 4 % of these importers' activities could be linked to imports of PVA from the PRC. The importers have a much broader field of activities which can also include general trading and distribution. Certain importers purchase the product under investigation not only from the PRC but also from other sources in and outside the Community, including from the Community industry. The average profit margin attained by the sampled importers, on their trading of PVA, is around 5 %.
(116)
Importers in the Community are not in favour of the imposition of measures. The cooperating importers argued that the imposition of measures would seriously harm their operations, as they would not be able to pass on the price increase to users. In this respect, the imposition of an anti-dumping duty on imports from the PRC, as explained in recital 111, will most likely lead to a slightly upwards correction of market prices. Therefore, it can be expected that importers which buy the product concerned from the PRC will be able to pass on these duty costs to the final customer. The significant undercutting still found after adjustment of the cif Community border prices for post-importation costs also suggests that there is room for a price increase. In any event, in view of the limited weight of sales of this product in the importers' activities, and the profit margin currently attained both overall and in view of their sales of PVA only, it is expected that the duty as provisionally established will not affect the financial situation of these economic operators to a significant extent.
(117)
Although importers/distributors are not in favour of measures, it can be concluded on the basis of the information available that any advantage they may gain from not having anti-dumping measures imposed is outweighed by the interest of the Community industry in having the effect of unfair and injurious trading practices from the PRC neutralised.
6.3. Interest of users
(118)
Seven users filled in a users' questionnaire. The replies of two of these companies were incomplete and they therefore could not be included in the analysis. The five remaining companies were using PVA for a variety of applications: for the production of adhesives, the production of industrial powders, the production of PVB, textile sizing and finishing, and resin production.
(119)
Further to information on purchases reported in their responses to the questionnaires, the purchases during the IP of the five cooperating users represented about 19 % of total Community consumption of PVA and their Chinese imports represented about 22 % of total imports from the PRC. It is important to note that imports from the PRC represent, overall, the minor part of their purchases, i.e. 15 %. However, this picture is very mixed: one of the cooperating users did not import at all from the PRC during the IP whereas another cooperating user sourced its PVA exclusively from the PRC.
(120)
The cooperating users have raised a number of arguments against the imposition of duties.
(121)
Two companies used PVA for the production of adhesives. It was established that, for the production of such adhesives, PVA was a major cost input which, depending on the composition of the blend, could account for up to 80 % of the manufacturing cost. The companies argued that, in view of the significant weight of PVA in the production cost and the profit margins attained on the sales of adhesives, an anti-dumping duty might lead to bankruptcy or force them to relocate production outside the Community. These companies expressed very strong doubts as to whether their customers would be willing to pay an eventual price increase caused by duties. In this respect, whilst it is acknowledged that the profit margins achieved in this particular sector are modest, it should also be noted that the measures proposed are directly affecting purchase prices of PVA with Chinese origin only, which is one source of supply, and these prices significantly undercut the Community industry's prices during the investigation period. Therefore, the impact of the duty on these companies' production cost of adhesives is not insignificant but, also in view of the proposed duty level, there appear to be no reasons as to why their customers would not be willing to bear at least a good part of this cost increase.
(122)
Two other companies used PVA for the production of PVB. In the case of the production of PVB also, PVA is a major cost driver. One of these companies, which would subsequently use the PVB for the production of PVB film, suggested that eventual measures could trigger the company to move their production of PVB out of the Community. This company also submitted that, in view of the time it would take to qualify PVA for this application, it was complicated and burdensome for them to change supplier. The other PVB producer cooperating as a user, which used PVA not only for the production of PVB but mostly for the production of industrial powders, also pointed to the difficult and lengthy process of changing supplier and further expressed concerns about the increased costs that measures might result in.
(123)
It is acknowledged that an increase in the purchase cost of PVA will reflect in a higher manufacturing cost of PVB. At the same time, however, as imports from the PRC account for 13 % of the Community market, 87 % of the PVA consumed in the Community will not be directly affected by these measures. Moreover, the proposed duty rate is moderate. In view of the above and taking into account the good market conditions for PVB, the effect of such a duty is considered bearable.
(124)
As concerns the qualification procedure, it is recognised that, in particular applications, the characteristics of PVA can indeed be very demanding and tailor-made, resulting in a lengthy qualification process which includes intensive testing. However, it should be recalled that anti-dumping measures are not meant to deny certain suppliers access to the Community market. Any measure proposed is only meant to restore fair trade and correct a distorted market situation. Therefore, and even more in view of the level of the duty rate proposed, there is no reason why certain users would be obliged to change supplier once measures are put in place.
(125)
One cooperating user, a manufacturer of polyester/cotton and cotton fabrics, which used PVA in the sizing and finishing of greige fabrics, indicated that measures might force the company to shift its spinning and weaving activities outside the Community. In this respect, it was established that the cost share of PVA in this company's products manufacturing cost was rather limited, i.e. between 0,2 % and 0,8 %. In light of the duty rate proposed, it is therefore considered that the impact of such a duty is not significant.
(126)
Finally, the complainant, KEG, submitted that the non-imposition of measures would be against the interest of users, as the poor financial results on its PVA activities might trigger KEG to step out of the merchant market and focus on the downstream markets. It argued that if that were to happen, the user industry would be short of supplies as KEG is a large and reliable supplier. Although this argument has not explicitly been supported by the users concerned, it is indeed confirmed that three of the five users concerned do purchase significant quantities of PVA from KEG and that this company can be considered as the most important supplier on the Community market. Therefore, if for whatever reason, KEG would step out of the market, it cannot be excluded that the user industry would be confronted with serious supply problems.
6.4. Conclusion on Community interest
(127)
The effects of the imposition of measures can be expected to enable the Community industry to improve its profitability. In view of the unfavourable financial situation of the Community industry, there is a real risk that, in the absence of measures, the Community industry may close down production facilities and lay off workforce. In general, the users in the Community would also benefit from the imposition of measures, as the supply of sufficient volumes of PVA will not be jeopardised whilst the overall increase in purchase price of PVA will be moderate. In light of the above, it is provisionally concluded that no compelling reasons exist for not imposing measures in the present case on Community interest grounds.
7. PROPOSAL FOR PROVISIONAL ANTI-DUMPING MEASURES
(128)
In view of the conclusions reached with regard to dumping, injury, causation and Community interest, provisional measures should be imposed on imports of the product concerned originating in the PRC in order to prevent further injury to the Community industry by the dumped imports.
(129)
As far as imports of the product concerned originating in Taiwan are concerned, no dumping was provisionally found, as indicated at recital 30 above. Consequently, no provisional measures should be imposed. In view of the timing of this determination, it was considered appropriate to give a period of one month to interested parties to comment on this provisional finding, with a view to possibly terminating the proceeding in respect of imports of the product concerned originating in Taiwan thereafter.
7.1. Injury elimination level
(130)
The provisional measures on imports originating in the PRC should be imposed at a level sufficient to eliminate the injurious effect caused to the Community industry by the dumped imports, without exceeding the dumping margin found. When calculating the amount of duty necessary to remove the effects of the injurious dumping, it was considered that any measures should allow the Community industry to cover its costs and obtain overall a profit before tax that could be reasonably achieved under normal conditions of competition, i.e. in the absence of dumped imports.
(131)
It is considered that in 2003 there was a normal competitive situation on the Community market where the Community industry, in the absence of injurious dumping, made a normal profit within the range as described in recital 84 above. Consequently, on the basis of the information available, it was preliminarily found that a profit margin corresponding to that level could be regarded as an appropriate level which the Community industry could be expected to obtain in the absence of injurious dumping.
(132)
The required price increase was then determined on the basis of a comparison, at the same level of trade, of the weighted average import price, as established for the price undercutting calculations, with the non-injurious price of products sold by the Community industry on the Community market. The non-injurious price was obtained by adjusting the sales price of each Community industry producer to a break-even point and by adding the above mentioned profit margin. Any difference resulting from this comparison was then expressed as a percentage of the total cif import value. Given that none of the cooperating Chinese producers was granted MET or IT, and in view of the high level of cooperation, the provisional single countrywide injury elimination level was calculated as a weighted average of the injury margins of all three cooperating Chinese exporting producers.
(133)
The injury margin thus established for the PRC was significantly higher than the dumping margin found.
7.2. Provisional measures
(134)
In the light of the foregoing and pursuant to Article 7(2) of the basic Regulation, it is considered that a provisional anti-dumping duty should be imposed on imports of the product concerned originating in the PRC at the level of the lowest of the dumping and injury margins found, in accordance with the lesser duty rule.
(135)
On the basis of the above, the proposed duty rate for the product concerned originating in the PRC is 10,0 %.
7.3. Final provision
(136)
In the interest of sound administration, a period should be fixed within which the interested parties which made themselves known within the time limit specified in the notice of initiation may make their views known in writing and request a hearing. Furthermore, it should be stated that the findings concerning the imposition of duties made for the purposes of this Regulation are provisional and may have to be reconsidered for the purpose of any definitive measures,
HAS ADOPTED THIS REGULATION:
Article 1
1. A provisional anti-dumping duty is hereby imposed on certain polyvinyl alcohols in the form of homopolymer resins with a viscosity (measured in 4 % solution) of 3 mPas or more but not exceeding 61 mPas and a degree of hydrolysis of 84,0 mol % or more but not exceeding 99,9 mol % falling within CN code ex 3905 30 00 (TARIC code 3905300020) and originating in the People's Republic of China.
2. The rate of the provisional anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, of the products described in paragraph 1 shall be 10 %.
3. 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.
4. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
Without prejudice to Article 20 of Council Regulation (EC) No 384/96, interested parties may request disclosure of the essential facts and considerations on the basis of which this Regulation was adopted, make their views known in writing and apply to be heard orally by the Commission within one month of the date of entry into force of this Regulation.
Pursuant to Article 21(4) of Regulation (EC) No 384/96, the parties concerned may comment on the application of this Regulation within one month of the date of its entry into force.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
Article 1 of this Regulation shall apply for a period of six months.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 September 2007. | [
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COUNCIL REGULATION (EEC) N° 196/91 of 21 January 1991 amending, in respect of products which are subject to national quantitative restrictions,
Annex I to Regulation (EEC) N° 288/82 on common rules for imports
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 instruments establishing common organization of agricultural markets and the instruments concerning processed agricultural products adopted in pursuance of Article 235 of the Treaty, in particular the provisions of those instruments which allow for derogation from the general rule that all quantitative restrictions or measures having equivalent effect are replaced solely by the measures provided for in those instruments,
Having regard to the proposal from the Commission,
Whereas Regulation (EEC) N° 288/82 (1), as last amended by Regulation (EEC) N° 3156/90 (2), refers, with regard to the description and codification of the products originating in third countries not liberalized within the Community and listed in Annex I thereto, to the Common Customs Tariff
nomenclature and the NIMEXE nomenclature; whereas
these two nomenclatures have been replaced by a new nomenclature known as Combined Nomenclature (CN), whose codes and product descriptions replace those contained in the first two nomenclature as from 1 January 1988; whereas Annex I to Regulation (EEC) N° 288/82 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EEC) N° 288/82 is hereby replaced by the Annex attached to this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 January 1991. | [
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*****
COMMISSION REGULATION (EEC) No 2739/88
of 31 August 1988
re-establishing the levying of customs duties on mounted piezzo-electric crytals falling within CN code 8541 60 00, originating in Malaysia, 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 mounted piezo-electric crystals falling within CN code 8541 60 00, the individual ceiling was fixed at 2 300 000 ECU;
Whereas, on 25 August 1988, imports of these products into the Community originating in Malaysia 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 Malaysia,
HAS ADOPTED THIS REGULATION:
Article 1
As from 5 September 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 Malaysia:
1.2.3 // // // // Order No // CN code // Description // // // // 10.1100 // 8541 60 00 // Mounted piezo-electric crystals // // //
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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Council Decision
of 25 March 2002
authorising France to apply a differentiated rate of excise duty to biofuels in accordance with Article 8(4) of Directive 92/81/EEC
(2002/266/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 92/81/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on mineral oils(1), and in particular Article 8(4) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) By letter dated 17 November 2000, France requested authorisation to apply a differentiated rate of excise duty to vegetable oil esters incorporated into domestic heating fuel and diesel, and to ethyl alcohol derivatives (where the alcohol component is of agricultural origin) incorporated into premium grade or regular petrol. The ethyl alcohol derivative principally concerned is ethyl tertiary butyl ether (ETBE), an oxygenated compound made up of alcohol of agricultural origin and of isobutene, a product resulting from oil refining.
(2) Following the Commission's requests for further information, France supplied the details necessary for examination of the matter in letters dated 18 January and 21 February 2001.
(3) The other Member States have been notified of this request.
(4) The Commission had to ask for the matter to be raised by the Council, by letter dated 19 April 2001, in accordance with the third paragraph of Article 8(4) of Directive 92/81/EEC.
(5) The Commission and the Council have been encouraging the development of renewable energies, and biofuels in particular, since 1985. Council Directive 85/536/EEC of 8 December 1985 on crude oil savings through the use of substitute fuel components in petrol(2) stresses the role of biofuels in reducing Member States' dependence on oil imports and authorises the incorporation into petrol of up to 5 % of ethanol by volume and up to 15 % of ETBE by volume. Under Council Decisions 93/500/EEC(3) and 98/352/EC(4) and Decision 646/2000/EC of the European Parliament and of the Council(5), the Altener programme on promoting renewable energies in the Community was adopted with the aim of securing a market share for biofuels of 5 % of total motor vehicle fuel consumption by 2005. The 1997 White Paper on renewable sources of energy further recommended setting an objective of the production of 18 million tonnes of liquid biofuels by 2010 as part of an overall goal of doubling the share of renewables in EU energy consumption by the same year. The Commission's Green Paper Towards a European strategy for energy supply security stresses the key role of tax instruments in achieving these aims by reducing the difference in cost price between biofuels and competing products. On 12 March 1997, the Commission submitted a proposal for a directive restructuring the Community framework for the taxation of energy products which envisages the possibility of an exemption for biofuels outside the context of a pilot project within the meaning of Article 8(2)(d) of Directive 92/81/EEC. Lastly, on 7 November 2001, the Commission adopted an action plan and two proposals for directives on encouraging the use of substitute fuels in the transport sector, starting with regulatory and tax measures designed to promote biofuels.
(6) The exemption requested by the French authorities is therefore in line with the Community's policy of developing the biofuel sector, in the interests of protecting the environment and ensuring security of energy supply.
(7) The French legal arrangement is based on Article 25 of the amending finance law of 1997, on Decree No 98-309 of 22 April 1998 laying down the requirements for participation in the invitation to tender for the release for home use in France of biofuels giving rise to a reduction in domestic consumption tax, and on the decision of 22 April 1998 setting up the Committee for the examination of authorisation requests by biofuel production units.
(8) This arrangement, which has been in force since 1 November 1997, was established on the basis of the Commission decision of 9 April 1997 (hereinafter "the decision of 9 April 1997") declaring that the domestic tax reductions on vegetable oil esters and ETBE constituted State aid compatible with the common market. The 1997 decision stated that the scheme concerned qualified as a pilot project.
(9) The 1997 French legal arrangement for the differentiation of excise duties (hereinafter "the 1997 arrangement" is not limited in time. It provides for the issue by the French authorities of an authorisation allowing a reduction in excise duties for approved warehousekeepers carrying out the mixing of biofuels and mineral oils. Authorisations are granted for a period of three to nine years from the date of issue.
(10) Details of the 1997 arrangement are given in the table below:
TABLE
(11) The 1997 arrangement complies with the minimum rates of excise duty referred to in Articles 3, 4 and 5 of Council Directive 92/82/EEC of 19 October 1992 on the approximation of the rates of excise duties on mineral oils(6), as indicated in the following table:
TABLE
(12) On the entry of biofuels into refineries under customs control (tax production or storage warehouse) where they are to be incorporated into petroleum products, an exemption certificate is issued to the operator carrying out the operation for an amount corresponding to the volume received multiplied by the exemption rate. These certificates are then set against the declarations of release for home use of petroleum products.
(13) Where the mixing is carried out in a Member State other than France, the document accompanying the product states that the petroleum product contains a biofuel and specifies its nature. When the excise duty falls due in France, an exemption certificate is issued for an amount corresponding to the volume of biofuel contained in the petroleum product multiplied by the exemption rate.
(14) The exemption requested under Article 8(4) of Directive 92/81/EEC is based on the 1997 arrangement. However, it will be adapted to take account both of this Decision and the Commission's final decision on the compatibility of the State aids to promote biofuels.
(15) Exceptionally, in view of the specific and unique circumstances of the case, this Decision must be applied with effect from 1 November 1997 and relate also to the exemptions granted since the entry into force of the 1997 arrangement.
(16) According to the decision of 9 April 1997, the domestic tax reductions on vegetable oil esters and ETBE constituted State aid compatible with the common market. That decision stipulated that the scheme concerned qualified as a pilot project and therefore came within the scope of Article 8(2)(d) of Directive 92/81/EEC which allows Member States to apply for exemptions or reductions in the rate of excise duty applied to mineral oils used in the field of pilot projects for the technological development of more environmentally-friendly products, in particular in relation to fuels from renewable resources. A specific decision authorising differentiated rates of excise duty based on Article 8(4) of Directive 92/81/EEC was not therefore considered necessary. In the light of the legal context and the Community legislative policy referred to in the fifth recital above, therefore, the economic operators who received the domestic tax reductions provided for by the 1997 arrangement can be considered as having acted in good faith.
(17) In its judgment of 27 September 2000 in Case T-184/87 (BP Chemicals v. Commission)(7) the Court of First Instance of the European Communities annulled the part of the decision of 9 April 1997 relating to the ETBE sector.
(18) That case related to an application to annul the decision of 9 April 1997 submitted by BP Chemicals, the main European producer of synthetic ethanol. The Court dismissed as inadmissible the application against the 1997 decision as that decision related to measures applicable to the esters sector. The Court concluded that the measures relating to the esters sector did not bring about a significant change in the applicant's legal situation and consequently did not affect its interests. In relation to the measures applicable to the ETBE sector, the Court considered that the Commission had infringed Article 8(2)(d) of Directive 92/81/EEC by deciding that the contested scheme could be regarded as a pilot project within the meaning of that Article. The Court concluded that, by infringing Article 8(2)(d) of Directive 92/81/EEC, the Commission had exceeded the powers conferred on it by Article 93(3) of the Treaty.
(19) Paragraph 78 of the Court's judgment states that there is no reason why a decision cannot be adopted by the Council in accordance with Article 8(4) of Directive 92/81/EEC on tax exemption schemes to promote the market penetration of biofuels. The Court did not therefore find the exemption illegal on substantive grounds but considered that the procedure in Article 8(4) of the Directive should be applied.
(20) As a result of the annulment of the part of the decision of 9 April 1997 relating to the ETBE sector, therefore, that part of the dossier reverts in law to the stage prior to the adoption of the annulled decision, i.e. in 1997.
(21) Moreover, even if the Court's judgment does not concern the esters sector, on account of the inadmissibility of that part of the application, it nevertheless seems logical that the measures applicable to the esters sector would likewise not be part of pilot projects within the meaning of Article 8(2)(d) of Directive 92/81/EEC. The current application by the French authorities is, accordingly, the logical consequence of the partial annulment of the Commission decision of 9 April 1997 insofar as it puts the exemption into the appropriate procedural framework.
(22) Following the Court's ruling, on 29 November 2000 the Commission initiated the procedure provided for by Article 88(2) of the Treaty in relation to State aid C 64/2000 (French biofuels)(8) concerning the ETBE sector. The French national legal arrangement is being examined in this context with effect from its entry into force on 1 November 1997.
(23) Exemptions unlimited in time cannot be authorised. A period of six years is sufficient in economic terms to meet the planning needs of investment projects in the case in question. Individual exemptions of a maximum duration of six years from the date of issue of the authorisation would be appropriate for biofuel production units. The biofuel production units must have received authorisation from the French authorities by 31 December 2003 at the latest.
(24) Distortions of competition should be limited and the incentive of a reduction in costs for producers and distributors of biofuels maintained, in particular by the implementation of excise reduction mechanisms adapted to changes in raw material prices.
(25) The Commission regularly reviews reductions and exemptions to check that they do not distort competition or hinder the operation of the internal market and are not incompatible with Community policy on protection of the environment, energy and transport,
HAS ADOPTED THIS DECISION:
Article 1
1. France is hereby authorised to grant permits for the application of a differentiated rate of excise duty to the fuel mixture "petrol/ethyl alcohol derivatives whose alcohol component is of agricultural origin".
2. France is hereby authorised to grant permits for the application of a differentiated rate of excise duty to the fuel mixture "diesel/vegetable oil esters".
3. To allow a reduction in excise duty on blends incorporating vegetable oil esters and ethyl alcohol derivatives which are used as fuel within the meaning of Directive 92/81/EEC, the French authorities must issue the necessary permits to the biofuel production units concerned by 31 December 2003 at the latest.
The authorisations will be valid for a maximum of six years from the date of issue.
The reduction specified in the authorisation may be applied after 31 December 2003 until the expiry of the authorisation. It may not be extended.
4. The reductions in excise duties shall not exceed EUR 35,06/hl or EUR 396,64/t for vegetable oil esters and EUR 50,23/hl or EUR 297,35/t for ethyl alcohol derivatives used in the mixtures referred to in paragraph 1.
5. The rates of duty applicable to the mixtures referred to in paragraph 1 must comply with the terms of Directive 92/82/EEC, and in particular the minimum rates laid down in Articles 4 and 5 thereof.
Article 2
1. France is hereby authorised to grant permits for the application of a differentiated rate of excise duty to the mixture "domestic heating fuel/vegetable oil esters".
2. To allow a reduction in excise duty on blends incorporating vegetable oil esters and used as fuel within the meaning of Directive 92/81/EEC, the French authorities must issue the necessary permits to the biofuel production units concerned by 31 December 2003 at the latest.
The authorisations will be valid for a maximum of six years from the date of issue.
The reduction specified in the authorisation may be applied after 31 December 2003 until the expiry of the authorisation, but may not be extended.
3. The reductions in excise duties shall not exceed EUR 35,06/hl or EUR 396,64/t for the vegetable oil esters used in the mixtures referred to in paragraph 1.
4. The rates of duty applicable to the mixture referred to in paragraph 1 must comply with the terms of Directive 92/82/EEC, and in particular the minimum rate laid down in Article 3 thereof.
Article 3
The reductions in excise duty shall be adjusted to take account of changes in the price of raw materials to avoid over-compensating for the extra costs involved in the manufacture of biofuels.
Article 4
This Decision shall apply with effect from 1 November 1997.
It shall expire on 31 December 2003.
Article 5
This Decision is addressed to the French Republic.
Done at Brussels, 25 March 2002. | [
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*****
COUNCIL REGULATION (EEC) No 2203/90
of 24 July 1990
amending Regulation (EEC) No 1581/86 laying down general rules for intervention on the market in cereals and Regulations No 724/67/EEC and (EEC) No 2754/78 on intervention in the oils and fats sector
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1340/90 (2), and in particular Article 7 (5) thereof,
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 (3), as last amended by Regulation (EEC) No 2902/89 (4), and in particular Articles 12 (3) and 26 (2) thereof,
Having regard to the proposal from the Commission,
Whereas a feature of the Community cereals and olive oils sectors is a structural imbalance between supply and demand; whereas the search for new uses in an appropriate means for remedying the situation;
Whereas, in these two sectors and in the oilseeds sector, the search for non-food uses is an appropriate way of opening up new prospects for Community agriculture;
Whereas the search for new outlets for cereals and oils and fats outside the food sector should accordingly be supported; whereas that support may involve making cereals and oils and fats held by intervention agencies available to researchers on favourable terms laid down in advance for the execution of projects approved according to a procedure ensuring close cooperation between the Member States and the Commission;
Whereas such cooperation may be realized under the Standing Committee on Agricultural Research;
Whereas it is therefore appropriate to amend Regulation (EEC) No 1581/86 (5), as amended by Regulation (EEC) No 195/89 (6), Regulation No 724/67/EEC (7), as last amended by Regulation (EEC) No 1230/89 (8), and Regulation (EEC) No 2754/78 (9).
HAS ADOPTED THIS REGULATION:
Article 1
1. Article 4 of Regulation (EEC) No 1581/86 is hereby replaced by the following:
'Article 4
1. Cereals shall be purchased from intervention agencies for the purposes of fulfilling obligations arising from the award of contracts to supply Community food aid under international agreements or other supplementary programmes, at prices and in accordance with detailed rules of implementation laid down in advance.
2. Intervention agencies may be authorized, in accordance with the procedure laid down in Article 26 of Regulation (EEC) No 2727/75, as last amended by Regulation (EEC) No 1340/90 (*), to sell, at a price fixed at a standard rate in advance, the quantities of cereals required to carry out projects to demonstrate new uses for non-food ends and approved by the Commission in accordance with the procedure laid down in Article 8 of Regulation (EEC) No 1728/74 (**), as last amended by Regulation (EEC) No 3768/85 (***).
3. If special circumstances so require, the Council, acting by a qualified majority on a proposal from the Commission, may lay down procedures for sale other than those provided for in Article 3.
4. Detailed rules for the application of this Article shall be adopted in accordance with the procedure provided for in Article 26 of Regulation (EEC) No 2727/75.
(*) OJ No L 134, 28. 5. 1990, p. 1.
(**) OJ No L 182, 5. 7. 1974, p. 1.
(***) OJ No L 362, 31. 12. 1985, p. 8.'
2. The following paragraph is hereby inserted in Article 2 of Regulation (EEC) No 2754/78:
'1a. Intervention agencies may be authorized in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC as last amended by Regulation (EEC) No 2902/89 (*), to sell, at a price fixed at a standard rate in advance, the quantities of
olive oil required to carry out projects to demonstrate new uses for non-food ends and approved by the Commission in accordance with the procedure laid down in Article 8 of Regulation (EEC) No 1728/74 (**), as last amended by Regulation (EEC) No 3768/85 (***).
Detailed rules for the application of this paragraph shall be adopted in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC.
(*) OJ No L 280, 29. 9. 1989, p. 2.
(**) OJ No L 182, 5. 7. 1974, p. 1,
(***) OJ No L 362, 31. 12. 1985, p. 8.'
3. In Article 2a of Regulation No 724/67/EEC, the present wording becomes paragraph 1 and the following paragraph is added:
'2. Intervention agencies may be authorized, in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC, as last amended by Regulation (EEC) No 2902/89 (*), to sell, at a price fixed at a standard rate in advance, the quantities of oilseeds required to carry out projects to demonstrate new uses for non-food ends and approved by the Commission in accordance with the procedure laid down in Article 8 of Regulation (EEC) No 1728/74 (**), as last amended by Regulation (EEC) No 3768/85 (***).
Detailed rules for the application of this paragraph shall be adopted in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC.
(*) OJ No L 280, 29. 9. 1989, p. 2.
(**) OJ No L 182, 5. 7. 1974, p. 1.
(***) OJ No L 362, 31. 12. 1985, p. 8.'
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 1085/2000
of 15 May 2000
laying down detailed rules for the application of control measures applicable in the area covered by the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2791/1999 of 16 December 1999 laying down certain control measures applicable in the area covered by the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries(1), and in particular Articles 4(3), 6(5), 7(3), 8, 11(5) and (6), 12(1), 13(1), 14(1)(h), 19(7) and 27 thereof,
Whereas:
(1) Regulation (EC) No 2791/1999 lays down certain specific control measures to monitor Community fishing activities in the North-east Atlantic Fisheries Commission (NEAFC) regulatory area and to supplement the control measures provided for in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(2), as last amended by Regulation (EC) No 2846/98(3). Detailed rules should be laid down for the application of that Regulation.
(2) The Annexes to the NEAFC scheme of control and enforcement in respect of fishing vessels fishing in areas beyond the limits of national fisheries' jurisdiction in the convention area adopted by the NEAFC set out the formats for communicating data and models for certain inspection tools which should be adopted at Community level. These formats and models are shown in the Annex to this Regulation.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS REGULATION:
CHAPTER I
SCOPE
Article 1
Aim
This Regulation sets out detailed rules for the application of Regulation (EC) No 2791/1999.
Article 2
Definitions
For the purposes of this Regulation:
1. "authorised vessels" means vessels which, in accordance with Article 7(3) of Council Regulation (EC) No 1627/94(4), have been issued a special fishing permit authorising, in accordance with Article 4(1) of Regulation (EC) No 2791/1999, fishing activities in the NEAFC regulatory area for one or more regulated resources under Regulation (EC) No 2791/1999;
2. "FMC" means fisheries monitoring centres as set up by the Member States to manage the satellite-based monitoring system;
3. "message" means the report on the vessel's position automatically transmitted by the satellite-based monitoring system to the FMC of the flag Member State;
4. "position report" means the manual report made by the captain in the circumstances provided for in Article 6 of Commission Regulation (EC) No 1489/97(5);
5. "scheme" means the scheme of control and enforcement referred to in Article 1(a) of Regulation (EC) No 2791/1999.
CHAPTER II
DATA COMMUNICATION
Article 3
Community participation
1. The communication referred to in Article 4(2) of Regulation (EC) No 2791/1999 shall include:
(a) the list of vessels authorised to fish in the regulatory area in accordance with Article 4(1) of that Regulation;
(b) the list of vessels authorised to fish for one or more regulated resources, broken down by species, and
(c) amendments to these lists.
The lists shall refer to the internal number allocated to each vessel in the fishing vessel register, in accordance with Article 5 of Commission Regulation (EC) No 2090/98(6).
2. Member States shall immediately forward to the Commission, by computer transmission, the internal numbers of authorised vessels the special permits of which have been withdrawn or suspended.
Article 4
Reporting of catches of regulated resources
The content and format of the communications to be forwarded under Article 6(5) of Regulation (EC) No 2791/1999 shall be as set out in Annex I.
Article 5
Global reporting of catches
The list of resources referred to in Article 7(1) of Regulation (EC) No 2791/1999 shall be as set out in Annex II.
For the global reporting of catches referred to in Article 7(1), Member States shall use the format set out in Annex II.
Article 6
Reporting of positions
1. The communications referred to in Article 8 of Regulation (EC) No 2791/1999 shall be transmitted by the FMCs.
2. The content and format of these reports shall be as set out in Annex III.
3. The FMCs shall forward in particular the information contained in:
(a) the first message received after the vessel enters the regulatory area;
(b) at least one message every six hours while the vessel is in the regulatory area, and
(c) the first message received after the vessel leaves the regulatory area.
4. Where applicable, the position reports shall be forwarded to the NEAFC secretariat at least once every 24 hours. Where necessary, the Member States may authorise the captain of the vessel to send a copy of this report immediately to the NEAFC secretariat.
CHAPTER III
SECURITY AND CONFIDENTIALITY
Article 7
Secure and confidential treatment of electronic reports and messages
1. The provisions of paragraphs 2 to 9 shall apply to all electronic reports and messages under this Regulation and Regulation (EC) No 2791/1999, with the exception of the global reporting of catches referred to in Article 5 of this Regulation.
2. The relevant authorities in the Member States responsible for processing the reports and messages shall take all necessary measures to comply with the security and confidentiality provisions set out in paragraphs 4 to 9.
3. Each Member State shall, where necessary, at the request of the NEAFC secretariat, rectify or erase reports or messages which have not been dealt with in accordance with Regulation (EC) No 2791/1999 and this Regulation.
4. The reports and messages shall be used only for the purposes stipulated in the scheme. Member States carrying out an inspection shall make the reports and messages available for inspection purposes and to inspectors assigned to the scheme only.
5. Member States carrying out an inspection:
(a) may retain and store reports and messages transmitted by the NEAFC secretariat within 24 hours of the departure of the vessels to which the data pertain from the regulatory area without re-entry. Departure is deemed to have been effected six hours after the transmission of the intention to exit from the regulatory area;
(b) shall ensure the secure processing of reports and messages in their respective electronic data-processing facilities, in particular where the processing involves transmission over a network. Member States must adopt appropriate technical and organisational measures to protect reports and messages against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against all inappropriate forms of processing.
In view of the expertise acquired with respect to the secure and confidential treatment of electronic reports and messages and the cost of their implementation, such measures shall ensure a level of security appropriate to the risks represented by the processing of reports and messages.
6. The Member States and the Commission shall comply with the minimum security requirements set out in Annex IV.
7. For their main computer systems the Member States shall aim to meet the criteria set out in Annex V.
8. The X.400 protocol can be used for communication of data under the scheme. In this case, appropriate encryption protocols shall be applied to ensure confidentiality and authenticity.
9. Access limitation to the data shall be secured via a flexible user identification and password mechanism. Each user shall be given access only to the data necessary for his/her task.
CHAPTER IV
INSPECTION
Article 8
Identification of inspection services
The pennants or special flags referred to in Article 11(5) of Regulation (EC) No 2791/1999 shall comply with the models set out in Annex VI(A).
The special identity document referred to in Article 12 of Regulation (EC) No 2791/1999 shall be drawn up in accordance with the model in Annex VI(B).
Article 9
Inspection activities
The format of messages at the start and end of the activities of inspection vessels and aircraft referred to in Article 11(6) of Regulation (EC) No 2791/1999 shall be as set out in Annex VII.
Article 10
Observation report
Observation reports as referred to in Article 13 of Regulation (EC) No 2791/1999 shall be drawn up in accordance with the model in Annex VIII(A).
The format for transmission of the report shall be as set out in Annex VIII(B).
Article 11
Inspection report
Inspection reports as referred to in Article 14(1)(h) of Regulation (EC) No 2791/1999 shall be drawn up in accordance with the model in Annex IX.
Article 12
Follow-up in the case of serious infringements
The list of competent authorities referred to in Article 19 of Regulation (EC) No 2791/1999 authorised to receive information on serious infringements is set out in Annex X.
CHAPTER V
FINAL PROVISIONS
Article 13
General rules applicable to notifications to the Secretariat
1. Notifications sent to the NEAFC Secretariat in accordance with Articles 4, 6 and 10 of this Regulation shall comply with the general rules set out in Annex XI. Each transmission shall be given a serial number by the transmitting Member State.
2. The codes used in notifications shall be in conformity with the international codes set out in Annex XII.
Article 14
Entry into force
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
The provisions referred to in Articles 4 and 6 shall remain in force until 31 December 2000 or until the adoption by the Council, in accordance with Article 30 of Regulation (EC) No 2791/1999, of the necessary measures instituting a definitive regime.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 114/2003
of 22 January 2003
on the issue of import licences for rice against applications submitted during the first 10 working days of January 2003 pursuant to Regulation (EC) No 327/98
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 327/98 of 10 February 1998 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice(1), as last amended by Regulation (EC) No 2458/2001(2), and in particular Article 5(2) thereof,
Whereas:
(1) Pursuant to Article 5(2) of Regulation (EC) No 327/98, within 10 days of the closing date for notification by the Member States of licence applications, the Commission must decide to what extent the applications may be accepted and must fix the available quantities for the following tranche.
(2) Examination of the quantities for which applications have been submitted for under the January 2003 additional tranche shows that licences should be issued for the quantities applied for reduced, where appropriate, by the percentages set out in the Annex hereto,
HAS ADOPTED THIS REGULATION:
Article 1
1. Import licences for rice against applications submitted during the first 10 working days of January 2003 pursuant to Regulation (EC) No 327/98 and notified to the Commission shall be issued for the quantities applied for reduced, where appropriate, by the percentages set out in the Annex hereto.
2. The available quantities for the subsequent tranche are set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 23 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 January 2003. | [
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COMMISSION REGULATION (EC) No 1356/2005
of 18 August 2005
amending Annex I to Council Regulation (EEC) No 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin, as regards oxolinic acid and morantel
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (1), and in particular Article 2 thereof,
Having regard to the opinion of the European Medicines Agency formulated by the Committee for Medicinal Products for Veterinary Use,
Whereas:
(1)
All pharmacologically active substances which are used within the Community in veterinary medicinal products intended for administration to food-producing animals should be evaluated in accordance with Regulation (EEC) No 2377/90.
(2)
Oxolinic acid has been included in Annex I to Regulation (EEC) No 2377/90 for chicken and porcine for muscle, skin and fat, liver and kidney, for muscle and skin in natural proportions for fin fish and excluding animals from which eggs are produced for human consumption. The entry should be extended to all food-producing species excluding animals from which milk or eggs are produced for human consumption, for fin fish, this entry relates only to ‘muscle and skin in natural proportions’ and for porcine and poultry species the maximum residue limit concerning fat relates to ‘skin and fat in natural proportions’.
(3)
Morantel has been included in Annex I to Regulation (EEC) No 2377/90 for bovine and ovine for muscle, fat, liver, kidney and milk. That entry should be extended to all ruminants.
(4)
Regulation (EEC) No 2377/90 should be amended accordingly.
(5)
An adequate period should be allowed before the applicability of this Regulation in order to enable Member States to make any adjustment which may be necessary in the light of this Regulation to the marketing authorisations granted in accordance with Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (2).
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Veterinary Medicinal Products,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EEC) No 2377/90 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 18 October 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EEC) No 1737/91 of 13 June 1991 amending Regulation (EEC) No 727/70 on the common organization of the market in raw tobacco
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Article 4 (5) of Regulation (EEC) No 727/70 (4), as last amended by Regulation (EEC) No 3577/90 (5), provides that the Council may fix maximum guaranteed quantities for specific production areas if the quality of a variety differs according to the characteristics of the soil and the climate; whereas it is necessary to provide that the Council may fix differing prices and premiums for these specific production areas;
Whereas the possibility of leaf tobacco being bought into intervention must be exceptional; whereas provision should be made that a decision to open intervention buying-in of such tobacco be taken in exceptional circumstances only;
Whereas, in the light of German unification, the overall maximum guaranteed quantity for the Community provided for in Article 4 (5) of Regulation (EEC) No 727/70 should be adjusted;
Whereas the grant of the premium is subject to the award of a European cultivation contract as referred to in Article 3 of Regulation (EEC) No 727/70; whereas the clauses of such a contract contain one concerning the maximum production of the area covered by the contract; whereas Commission Regulation (EEC) No 2501/87 of 24 June 1987 fixing the characteristics of each variety of tobacco grown in the Community (6), as last amended by Regulation (EEC) No 2071/88 (7), lays down the maximum yield for each variety of tobacco; whereas tobacco produced in excess of that yield does not qualify for the premium;
Whereas only tobacco which is covered by a European cultivation contract and produced within the permitted yield limits may qualify for the premium; whereas steps should be
taken to discourage all Community production that does not conform with such a contract; whereas action should be taken, therefore, to exclude from intervention and from the refund tobacco which is not covered by a cultivation contract or which has been produced in excess of the permitted maximum yields,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 727/70 is hereby amended as follows:
1. the following subparagraph shall be added to Article 2 (3):
'However, different prices may be fixed for a given variety for specific production areas within the meaning of Article 4 (5).';
2. in Article 4:
(a) the following subparagraph shall be added to paragraph 3:
'However, this amount may differ for a given variety for specific production areas within the meaning of paragraph 5.';
(b)
the last sentence of the first subparagraph of paragraph 5 shall be replaced by the following:
'The overall maximum guaranteed quantity for the Community is hereby set at 390 000 tonnes of leaf tobacco for each of the 1991 to 1993 harvests.'
3. Article 5 (1) shall be replaced by the following:
'1. Leaf tobacco harvested in the Community shall be bought in by the intervention agencies designated by the Member States under the conditions laid down in this Article only if:
- such tobacco is the subject of a European cultivation contract within the meaning of Article 3,
- there is a risk that the producer, as a result of bankruptcy proceedings initiated against his buyer after the conclusion of the contract, may not receive the contractual price agreed.';
4. in Article 6:
(a)
the following subparagraph shall be added to paragraph 3:
'However, this price may differ for a given variety for specific production areas within the meaning of Article 4 (5).';
(b)
paragraph 5 shall be replaced by the following:
'5. Subject to the provisions of paragraph 4, the intervention agencies designated by the Member States shall be obliged to buy in baled tobacco offered to them which is covered by a European cultivation contract within the meaning of Article 3, of the varieties for which a derived intervention price is fixed.';
5. the second subparagraph of Article 9 (1) shall be replaced by the following:
'Save in exceptional circumstances, to be decided in accordance with the procedure laid down in Article 17, the refund which may differ according to destination and
which may be granted only in respect of tobacco for which a European cultivation contract within the meaning of Article 3 has been concluded, shall be determined within the limits of the incidence of the Common Customs Tariff duty calculated on the basis of average offer prices in third countries.'
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 1991 harvest.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 13 June 1991. | [
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*****
COMMISSION REGULATION (EEC) No 2274/85
of 29 July 1985
laying down detailed rules implementing the system of aid for the use of concentrated grape must for the manufacture in the United Kingdom and Ireland of certain products and fixing the amounts of aid for the 1985/86 wine-growing year
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 798/85 (2), and in particular Articles 14a (4) and 65 thereof,
Having regard to Council Regulation (EEC) No 1223/83 of 20 May 1983 on the exchange rates to be applied in agriculture (3), as last amended by Regulation (EEC) No 1297/85 (4), and in particular Article 4 (3) thereof,
Whereas, under the second and third indents of the first subparagraph of Article 14a (1) of Regulation (EEC) No 337/79, an aid system was introduced for the use of grape musts and concentrated grape musts produced in wine-growing zones C III a) and C III b) for the preparation in the United Kingdom and Ireland of certain products, falling within heading No 22.07 of the Common Customs Tariff and for the use of concentrated grape musts produced in the Community for the manufacture of certain products marketed in the United Kingdom and in Ireland with instructions for obtaining from them a beverage in imitation of wine;
Whereas the products falling within heading No 22.07 of the Common Customs Tariff referred to in the second indent of the first subparagraph of Article 14a (1) of the abovementioned Regulation are at the moment produced exclusively from concentrated grape must; whereas, at present, aid should therefore be fixed for the use of concentrated grape must alone;
Whereas implementation of the aid system requires administrative arrangements for checking both the origin of the products for which aid is given and the use to which they are put;
Whereas, to ensure that the aid system and the checking arrangements operate properly, operators must be required to submit written applications giving the information necessary to identify the product and enable the operations to be checked;
Whereas, so that the aid system can have an appreciable effect on the quantity of Community products used, a minimum quantity for which applications may be submitted should be fixed;
Whereas it should also be stated that aid will be granted only for products having the minimum quality characteristics required for use for the purposes indicated in the second and third indents of the first subparagraph of Article 14a (1) of Regulation (EEC) No 337/79;
Whereas Article 14a (3) of that Regulation sets criteria for fixing the aid amounts; whereas application of these criteria gives the aid amounts fixed below;
Whereas, to enable the competent authorities of the Member States to make the necessary checks, obligations on operators in regard to the keeping of stock records should be laid down in addition to the provisions of Title II of Commission Regulation (EEC) No 1153/75 (5), as last amended by Regulation (EEC) No 3203/80 (6);
Whereas it should be laid down that entitlement to aid is established at the moment when the processing operations are completed; whereas to allow for technical losses the quantity actually used should be allowed to be up to 10 % less than that shown in the application;
Whereas for technical reasons operators lay in their stocks a long time before manufacturing the marketed products; whereas accordingly arrangements should be made to enable advance payment of the aid to be made to operators, the competent authorities being guaranteed by appropriate security against the risk of incorrect payment; whereas the period within which advance payment is to be made and the procedure for release of the security should be specified;
Whereas, to prevent discrimination between operators and to resolve certain uncertainties as to interpretation that may arise with regard to the representative rates to be applied under Commission Regulation (EEC) No 1054/78 (1), as last amended by Regulation (EEC) No 1382/85 (2), it should be specified that for all operations under this Regulation the representative rate applicable should in all cases be that applying in the wine sector on 1 September 1985;
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
Aid shall be granted for the 1985/86 wine-growing year in accordance with the conditions laid down in this Regulation:
- to manufacturers, hereinafter referred to as 'manufacturers', who use concentrated grape must made entirely from grapes produced within wine-growing zones C III a) and C III b) for the manufacture in the United Kingdom and Ireland, of products falling within heading No 22.07 of the Common Customs Tariff for which, by virtue of the first subparagraph of Article 54 (1) of Regulation (EEC) No 337/79, the use of composite names including the word 'wine' may be permitted by those Member States,
- to processors, hereinafter referred to as 'processors' who use concentrated grape must made entirely from grapes produced within the Community as the main component in a range of products marketed in the United Kingdom and Ireland by the said processors, with clear instructions enabling the consumer to obtain therefrom a beverage in imitation of wine.
Article 2
1. Manufacturers or processors who wish to qualify for the aid referred to in Article 1 shall submit a written application, between 1 September 1985 and 31 August 1986, to the competent authority of the Member State in which the concentrated grape must is employed.
Applications must be made at least seven working days before the commencement of the manufacturing process.
2. The application for aid shall show:
(a) the name and business name and the address of the manufacturer or processor;
(b) the wine-growing zone from which the concentrated grape must comes, as defined in Annex IV to Regulation (EEC) No 337/79;
(c) the following technical particulars:
- the place of storage,
- the place where the operations referred to in Article 1 are carried out,
- the quantity (in kilograms and, if the concentrated grape must referred to in the second indent of Article 1 is packed in containers with a content not exceeding five kilograms, the number of containers),
- the density,
- the prices paid.
The Member States may require further particulars for the purposes of identifying the concentrated grape must.
3. A copy of the accompanying document(s) covering transport of the concentrated grape must from the producer's plant to the manufacturer's or processor's plant, drawn up by the competent agency of the Member States, shall be attached to the application for aid. The Member States may not make use of the provisions of the second subparagraph of Article 4 (2) of Regulation (EEC) No 1153/75.
The wine-growing zone where the fresh grapes employed were harvested shall be entered in column 15 of the document.
Article 3
1. Applications for aid shall cover a minimum quantity of 50 kilograms of concentrated grape must.
2. The concentrated grape must in respect of which aid is applied for must be of sound, fair and merchantable quality and suitable for use for the purposes listed in Article 1.
Article 4
The amount of the aid shall be at a fixed rate of:
- 0,15 ECU per kilogram of concentrated grape must used for the purposes referred to in the first indent of Article 1,
- 0,26 ECU per kilogram of concentrated grape must used for the purposes referred to in the second indent of Article 1.
Article 5
The manufacturer or processor shall be bound to use, for the purposes referred to in Article 1, the total quantity of the concentrated grape must in respect of which an aid application has been made. A shortfall of 10 % of the quantity of concentrated grape must stated in the application shall be tolerated.
Article 6
The manufacturer or processor shall keep a stock record, in accordance with the provisions of Title II of Regulation (EEC) No 1153/75, showing in particular:
- the consignments of concentrated grape must purchased and brought each day into his plant, together with the particulars indicated in Article 2 (2) (b) and (c) and the name and address of the vendor(s),
- the quantities of concentrated grape must used each day for the purposes listed in Article 1,
- the consignments of finished products listed in Article 1 obtained and dispatched each day from his plant, together with the name and address of the consignee(s).
Article 7
The manufacturer or processor shall inform the competent authority in writing, within one month, of the date when all the concentrated grape must covered by an application for aid has been used for the purposes listed in Article 1 allowing for the shortfall provided for in Article 5.
Article 8
1. Entitlement to the aid shall be acquired at the moment when the concentrated grape must has been used for the purposes indicated in Article 1.
2. The amount of aid shall be that applicable for the wine-growing year during which it was applied for.
3. Conversion of the amounts given in Article 4 into national currency shall be carried out by reference to the representative rate in force on 1 September 1985.
Article 9
1. The competent authority shall pay the aid for the quantity of concentrated grape must actually used not later than three months after receipt of the information indicated in Article 7.
2. Manufacturers and processors as referred to in Article 1 may apply for advance payment of an amount equal to the aid specified in Article 4 provided they have lodged security for 110 % of the said amount in favour of the competent authority.
Security shall be lodged in the form of a guarantee by an establishment satisfying criteria set by the Member State to which the competent authority belongs.
3. The advance payment referred to in paragraph 2 shall be paid within three months of the security being lodged provided that evidence that the concentrated grape must has been paid for is provided.
4. When the information referred to in Article 7 has been received by the competent authority the security mentioned in paragraph 2 shall be released in whole or in part depending on the amount of aid to be paid pursuant to the provisions of Article 10.
Article 10
1. Except in case of force majeure, the aid shall not be payable if the manufacturer or processor does not fulfil the requirement set out in Article 5.
2. Except in case of force majeure, if the manufacturer or processor does not comply with any requirement of this Regulation, other than those referred to in Article 5, the aid payable shall be reduced by an amount to be fixed by the competent authority in relation to the seriousness of the infringement.
3. In cases of force majeure, the competent authority shall determine the measures which it deems necessary having regard to the circumstances invoked.
4. The Member States shall inform the Commission of cases in which paragraph 2 has been applied, and of how requests for recourse to the force majeure clause have been dealt with.
Article 11
1. The Member States concerned shall take all measures necessary for the application of this Regulation and, in particular, measures permitting verification of the identity of the concentrated grape must in respect of which an application for aid is made and measures to prevent its being put to improper use.
2. For this purpose the competent authority shall:
- carry out a verification in the manufacturer's or processor's plant which at least shall consist of a spot check,
- inspect each manufacturer's or processor's stock record as referred to in Article 6.
Article 12
The Member States concerned shall communicate to the Commission, before the 20th of each month, in respect of the preceding month, and for each intended use referred to in Article 1:
(a) the quantities of concentrated grape must in respect of which an application for aid has been made, with a breakdown to show the wine-growing zone from which they have come;
(b) the quantities of concentrated grape must in respect of which aid has been given, with a break-down to show the wine-growing zone from which they have come; (c) the prices to be paid by manufacturers and processors for concentrated grape must.
Article 13
The Member States concerned shall designate a competent authority to be responsible for applying this Regulation, and shall inform the Commission without delay of their names and addresses.
Article 14
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 1985.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION DECISION
of 22 May 2007
amending Decision 2005/393/EC as regards restricted zones in relation to bluetongue
(notified under document number C(2007) 2091)
(Text with EEA relevance)
(2007/357/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (1), and in particular Article 8(3) thereof,
Whereas:
(1)
Directive 2000/75/EC lays down control rules and measures to combat bluetongue in the Community, including the establishment of protection and surveillance zones and a ban on animals leaving those zones.
(2)
Commission Decision 2005/393/EC of 23 May 2005 on protection and surveillance zones in relation to bluetongue and conditions applying to movements from or through these zones (2) provides for the demarcation of the global geographic areas where protection and surveillance zones (the restricted zones) are to be established by the Member States in relation to bluetongue.
(3)
Following the notification of outbreaks of bluetongue in mid-August and early September 2006 by Belgium, Germany, France and the Netherlands, the Commission has amended several times Decision 2005/393/EC as regards the demarcation of the restricted zones concerned.
(4)
Following a substantiated request submitted by Germany, it is appropriate to amend the demarcation of the restricted zone in Germany.
(5)
Decision 2005/393/EC should be amended accordingly.
(6)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Annex I to Decision 2005/393/EC is amended in accordance with the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
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COMMISSION DECISION
of 21 December 2005
concerning State aid proposed by Italy (Autonomous Province of Trento) in the transport sector
(notified under document number C(2005) 5315)
(Only the Italian version is authentic)
(Text with EEA relevance)
(2008/174/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having called on interested parties to submit their comments pursuant to those provisions (1),
Whereas:
1. PROCEEDINGS
(1)
By letter of 27 November 2001, recorded as received at the Secretariat-General on 3 December 2001, the Italian authorities notified the Commission, in accordance with Article 88(3) of the EC Treaty, of the special provisions for the transport sector adopted under Law No 6 of the Autonomous Province of Trento of 13 December 1999 (hereinafter Provincial Law No 6/99). The notification was registered by the Secretariat-General of the European Commission as N 833/01.
(2)
As the notification was incomplete, the Commission requested additional information in its letter D(02) 1665 of 1 February 2002, to which a reply was received by letter registered on 5 April 2002. A meeting was held between representatives of the Commission and of the Autonomous Province of Trento on 11 March 2002. The Commission sent the Italian authorities a letter requesting further information on 12 April 2002. A reply to this request was sent by letter dated 17 May 2002, recorded as received on 28 May 2002 as SG A/5459. A second meeting was held between representatives of the Commission and of the Autonomous Province of Trento on 30 May 2002.
(3)
On 24 July 2002, the Commission adopted a favourable decision (2) regarding most of the measures provided for in Provincial Law No 6/99 ‘Special provisions for the transport sector’ (3) and intended to encourage the transfer of road freight to alternative modes of transport. However, investigation proceedings were initiated in connection with one of the measures contained in the scheme, namely investment aid for railway wagons and new or reconditioned rolling stock, registered as C 52/02.
(4)
The decision of 24 July 2002 to initiate proceedings was published in the Official Journal of the European Union (4). The Commission called on interested parties to submit their comments.
(5)
Italy submitted its comments by letter dated 4 September 2002. The Commission received no comments from interested parties.
(6)
A new aid scheme aimed at promoting combined transport in the Autonomous Province of Trento was notified by the Italian authorities on 7 February 2003 under the title ‘Granting of aid in support of combined transport’. This aid scheme was registered as N 64/03 and was approved by a Commission Decision of 1 October 2003 (5).
(7)
Further clarifications were sent by the Autonomous Province of Trento on 8 April 2005 and then by letter recorded as received on 13 June 2005 by the Permanent Representation.
2. DETAILED DESCRIPTION OF THE AID
2.1. Type of aid
(8)
The aid measure in respect of which the investigation proceedings were initiated concerned investment aid for railway wagons and new or reconditioned rolling stock; no objections were raised, however, regarding the remaining measures provided for in the general scheme aimed at encouraging the transfer of road freight to alternative modes of transport.
(9)
The aim of the general scheme is to reduce the environmental impact of road haulage by encouraging the purchase of means of transport equipped with technology that reduces environmental pollution and exceeds compulsory environmental standards. The scheme concerns aid for small and medium-sized enterprises and consortia engaged in road haulage on behalf of third parties which carry out combined transport activities or perform rail and overland transport activities in any way connected with combined rail transport or the transport of goods or passengers.
(10)
The investigated measure provided for aid of up to 25 % for small and medium-sized enterprises operating in the Autonomous Province of Trento for the acquisition of railway wagons and new or reconditioned rolling stock (Article 3(2)(e) of Provincial Law No 6/99).
2.2. Grounds for initiating proceedings
(11)
The Commission’s decision to initiate the procedure provided for in Article 88(2) of the Treaty and to request clarification from the Italian authorities arose from an initial examination of the notified scheme.
(12)
In particular, the Commission had doubts concerning the measure’s compatibility with Article 4(2) and (5) of Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to small and medium-sized enterprises (6) which would limit the gross aid intensity of investment in railway wagons to 15 % in the case of small enterprises and to 7,5 % in the case of medium-sized enterprises.
(13)
The Commission doubted whether the notified aid intensity (25 %) could be compatible with the maximum aid intensity allowed under Article 4(2) of Regulation (EC) No 70/2001. Non-compliance with the thresholds indicated in Regulation (EC) No 70/2001 was the only reason for initiating investigation proceedings.
(14)
The Commission received no comments from interested parties.
3. COMMENTS FROM ITALY
(15)
By letter of 4 September 2004, the Italian authorities, via their Permanent Representation, stated their intention to grant aid not exceeding 15 % to small enterprises and not exceeding 7,5 % to medium-sized enterprises in respect of the costs of acquisition of railway wagons and new or reconditioned rolling stock.
(16)
Their intention was that this aid should be combined with the financing of 25 % of the costs connected with the leasing, amortisation or hire of special ultra-low railway wagons for accompanied combined transport services for a maximum of three years.
(17)
The undertakings benefiting from the subsidies would still be responsible for the part of the expenditure not covered by public aid. The Province of Trento would ask recipients to ensure that the tariffs that they charge are public and non-discriminatory, i.e. the same for all users and all sections of the route.
(18)
The competent authorities claimed that, given the lack of intermodal structures, the Province of Trento intended to finance all business initiatives to provide ultra-low railway wagons on a first-come first-served basis and until the relevant budget was exhausted. However, it reserved the right, should the budget prove insufficient, to publish public invitations to apply for aid, giving priority to those activities involving the highest daily frequency of road/rail transshipments onto wagons departing from transshipment points located in the Province.
(19)
It should be noted, however, that the latter measure was not included in the initial notification. Moreover, the Autonomous Province of Trento confirmed on 8 April 2005 that the measure had never been put in place and that there was no longer any intention to implement it.
4. ASSESSMENT OF THE MEASURE
4.1. Existence of aid within the meaning of Article 87(1) of the EC Treaty
(20)
Pursuant to Article 87(1) of the EC Treaty, and unless otherwise provided for in that Treaty, any aid granted by a Member State which distorts or threatens to distort competition is incompatible with the common market if it affects trade between Member States.
(21)
Under the proposed aid measure, the preselected beneficiaries (small and medium-sized enterprises operating in the Autonomous Province of Trento) would receive State contributions for costs arising from investment in railway wagons and rolling stock, while other enterprises, whether Italian or from other EU Member States, that are active in this field would not receive such contributions. The aid thus reinforces the competitive situation of the recipients vis-à-vis other operators engaged in intra-Community trade.
(22)
In view of the above, the Commission finds that the notified aid measure involves aid within the meaning of Article 87(1) and is hence, in principle, prohibited.
4.2. Assessment of the compatibility of the aid measure
(23)
After investigation proceedings were initiated, the Italian authorities agreed to reduce the planned aid intensity of 25 % for the acquisition of railway wagons and new or reconditioned rolling stock to 15 % for small enterprises and 7,5 % for medium-sized enterprises. The aid measure concerns only aid to small and medium-sized enterprises.
(24)
The aid can be therefore be considered to be in line with Article 4(2) of Regulation (EC) No 70/2001.
(25)
In view of the above, the Commission can therefore now declare this aid to be compatible with the Treaty.
5. CONCLUSION
The Commission
HAS ADOPTED THE FOLLOWING DECISION:
Article 1
The State aid proposed by Italy (Autonomous Province of Trento) in the transport sector is compatible with the common market.
The aid may therefore be implemented.
Article 2
This Decision is addressed to the Italian Republic.
Done at Brussels, 21 December 2005. | [
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COMMISSION DECISION of 15 November 1993 concerning the grant of assistance from the cohesion financial instrument to a project concerning the Valladolid eastern bypass in Spain No CF: 93/11/65/012 (Only the Spanish text is authentic) (94/242/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 792/93 of 30 March 1993 establishing a cohesion financial instrument (1), and in particular Article 8 (6) thereof,
Whereas Article 1 of Regulation (EEC) No 792/93 establishes a cohesion financial instrument to provide Community support for projects in the fields of the environment and trans-European transport infrastructure networks;
Whereas pursuant to Article 9 of Regulation (EEC) No 792/93 certain provisions of Titles VI and VII of Council Regulation (EEC) No 4253/88 of 19 December 1988 concerning the 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), as amemded by Regulation (EEC) No 2082/93 (3), are to apply mutatis mutandis;
Whereas Article 2 of Regulation (EEC) No 792/93 defines the types of measure for which the cohesion financial instrument may provide assistance;
Whereas Article 10 of Regulation (EEC) No 792/93 requires the Member States to ensure that adequate publicity is given to the operations of the financial instrument and that the measures which are described in Annex V to this Decision are undertaken;
Whereas on 17 May 1993 the Spanish Government submitted an application for assistance from the cohesion financial instrument for a project concerning the Valladolid eastern bypass;
Whereas that application concerns a project which is eligible under the terms of Article 2 of Regulation (EEC) No 792/93;
Whereas the application for assistance contains all the information required by Article 8 (4) of Regulation (EEC) No 792/93 and satisfies the criteria set out in Article 8 (3) and (5) of the Regulation;
Whereas the project is a transport infrastructure project of common interest;
Whereas the project forms part of the master plan for a trans-European network concerning road transport;
Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (4), as last amended by Regulation (Euratom, ECSC, EEC) No 610/90 (5), states that the legal commitments entered into for measures extending over more than one financial year shall contain a time limit for implementation which must be specified to the recipient in due form when the aid is granted;
Whereas pursuant to Article 9 of Regulation (EEC) No 792/93, the Commission and the Member State will ensure that there is evaluation and systematic monitoring of the project;
Whereas the financial implementation provisions, monitoring and assessment are specified in Annexes III and IV to this Decision; whereas failure to comply with those provisions may result in suspension or reduction of the assistance granted pursuant to
Article 9
(3) of Regulation (EEC) No 792/93 and the provisions contained in Annex VI;
Whereas all the other conditions laid down have been complied with,
HAS ADOPTED THIS DECISION:
Article 1
The project concerning the Valladolid eastern bypass as described in Annex I hereto is hereby approved for the period 1 January 1993 to 31 March 1995.
Article 2
1. The maximum eligible expenditure to be taken as the basis for this Decision shall be ECU 26 264 534.
2. The rate of Community assistance granted to the project shall be fixed at 85 %.
3. The maximum amount of the contribution from the cohesion financial instrument shall be fixed at ECU 22 324 853.
4. The contribution is committed from the 1993 budget.
Article 3
1. Community assistance shall be based on the financial plan for the project set out in Annex II.
2. Commitments and payments of Community assistance granted to the project shall be made in accordance with Article 9 of Regulation (EEC) No 792/93 and as specified in Annex III.
3. The amount of the first advance payment shall be fixed at ECU 8 892 808.
Article 4
1. Community assistance shall cover expenditure on the project for which legally binding arrangements have been made in Spain and for which the requisite finance has been specifically allocated to works to be completed not later than 31 March 1995.
2. Expenditure incurred before 1 January 1993 shall not be eligible for assistance.
3. The closing date for the completion of national payments on the project is fixed not later than 12 months after the date mentioned in subparagraph 1.
Article 5
1. The project shall be carried out in accordance with Community policies, and in particular with Articles 7, 30, 52 and 59 of the EC Treaty, as well as with Community law, in particular with the Directives coordinating public procurement procedures.
2. This Decision shall not prejudice the right of the Commission to commence infringement proceedings pursuant to Article 169 of the EC Treaty.
Article 6
Systematic monitoring and assessment of the project shall take place in accordance with the provisions set out in Annex IV hereto.
Article 7
The Member State concerned shall ensure adequate publicity for the project as specified in Annex V.
Article 8
Each Annex to this Decision shall form an integral part of it.
Article 9
Failure to comply with the provisions of this Decision may entail a reduction or suspension of assistance in accordance with the provisions set out in Annex VI.
Article 10
This Decision is addressed to Spain.
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COMMISSION REGULATION (EC) No 116/2007
of 7 February 2007
amending Regulation (EC) No 382/2005 laying down detailed rules for the application of Council Regulation (EC) No 1786/2003 on the common organisation of the market in dried fodder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1786/2003 of 29 September 2003 on the common organisation of the market in dried fodder (1) and in particular Article 20 thereof,
Having regard to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (2), and in particular the second subparagraph of Article 71(2) thereof,
Whereas:
(1)
The experience gained from the implementation of Commission Regulation (EC) No 382/2005 (3) has shown that the wording of Article 34a of that Regulation should be made more precise as regards the conditions of eligibility for the aid provided in the said Article and that time limits should be set for the payment of such aid.
(2)
Regulation (EC) No 382/2005 should therefore be amended accordingly.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Joint Management Committee for Cereals and Direct Payments,
HAS ADOPTED THIS REGULATION:
Article 1
Article 34a of Regulation (EC) No 382/2005 is hereby amended as follows:
1.
Paragraph 1 is replaced by the following:
‘1. By way of derogation from Article 18(3) of this Regulation, dried fodder produced during the 2005/06 marketing year which had not left the processing undertaking or one of the storage locations mentioned in Article 3(a) by 31 March 2006 may be eligible for the aid laid down in Article 4 of Regulation (EC) No 1786/2003 for the 2005/06 marketing year and, where appropriate, for the aid mentioned in the second subparagraph of Article 71(2) of Regulation (EC) No 1782/2003, provided it:
(a)
meets the requirements of Article 3 of this Regulation;
(b)
leaves the processing undertaking during the 2006/07 marketing year under the supervision of the competent authority in accordance with the conditions laid down in Articles 10 and 11 of this Regulation;
(c)
is entered in the accounts in the context of the national guaranteed quantities allocated to the Member States concerned for the 2005/06 marketing year;
(d)
has been declared and certified during the 2005/06 marketing year.’
2.
The following paragraph 3 is added:
‘3. Without prejudice to the time limit of 90 days stipulated in Article 20(2) for checking entitlement to the aid, the aid which recipients may claim shall be paid under the following conditions:
(a)
The aid laid down in Article 4 of Regulation (EC) No 1786/2003 shall be paid to processing undertakings within 30 working days following the payment decision of the paying agency;
(b)
the aid referred to in the second subparagraph of Article 71(2) of Regulation (EC) No 1782/2003 shall be paid within the time limit referred to in Article 35(3) of this Regulation.’
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COMMISSION DECISION
of 18 July 1990
relating to a proceeding under Article 65 of the ECSC Treaty concerning an agreement and concerted practices engaged in by European producers of cold-rolled stainless steel flat products
(Only the German, English, Spanish, French, Italian and Dutch texts are authentic)
(90/417/ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 65 thereof,
Having regard to information received by the Commission and inspections carried out under Article 47 of the ECSC Treaty by officials of the Commission on 28 and 29 April 1988 in the offices of the seven ECSC producers of cold-rolled stainless steel flat products.
Having regard to the written and oral comments made under Article 36 of the Treaty in the name and on behalf of the parties,
Whereas:
The Commission has come to the view that the members of the so-called Sendzimir Club, which comprises ECSC and Finnish and Swedish makers of the products in question, have made and operated a quota and price agreement in 1986 which contravened Article 65 of the Treaty.
By its letter of 5 October 1988, the Commission, under Article 36 of the Treaty, gave the undertakings concerned the opportunity to submit their comments.
The undertakings submitted their written comments by 10 January 1989 and supplemented them by 20 March 1989. Authorized representatives of those concerned also submitted oral comments on their behalf at a hearing held from 29 to 31 May 1989.
A. THE FACTS
I. General summary
1. The European producers of cold-rolled stainless steel flat products grouped together in the so-called Sendzimir Club have been involved during the period 1986 to 1988 in:
- quota arrangements,
- concerted pricing practices,
- bilateral interpenetration agreements.
2. Details of these agreements and concerted practices as well as of the Sendzimir Club itself are set out hereinafter.
II. The Sendzimir Club (Z Club)
1. The Z Club is a professional association of European steel producers of cold-rolled stainless steel flat products. This association gets its name from the specialized Sendzimir mills invented by Dr Sendzimir and operated by its members. Their output is mostly in the form of stainless cold-rolled sheet under 3 mm in thickness and over 500 mm in width. 2. The Z Club was already in existence in the early 1980s and at that stage included only Community producers. Later it was expanded to non-Community producers.
3. Since 1982 there has been a concentration process related to the overall restructuring of the steel industry that has led to closures and mergers in the cold-rolled stainless steel flat products sector. More specifically:
- Ilssa-Viola, SpA closed in February 1986,
- Usinor SA (Châtillon) acquired Peugeot-Loire in 1984,
- Ugine-Gueugnon SA and Usinor SA (Châtillon) merged on 1 July 1987 to form Ugine Aciers de Châtillon et Gueugnon,
- Terni Acciai Speciali SpA became operational on 1 July 1987 when it took over the 'Società per l'industria e l'elettricità SpA'. On 22 December 1987 the resulting company took over the production of 'Terninoss SpA',
- and British Steel Corporation has changed its name after privatization to British Steel plc.
4. The current ECSC members of the Z Club are:
- Acerinox SA (Spain),
- ALZ NV (Belgium),
- British Steel plc (BS) (United Kingdom),
- Krupp Stahl AG (Germany),
- Terni Acciai Speciali, SpA (Italy),
- Thyssen Edelstahlwerke AG (Germany),
- Ugine Aciers de Châtillon et Gueugnon (France).
5. The non-ECSC members are:
- Outokumpu OY (Finland),
- Avesta AB (Sweden).
6. The Z Club has no fixed seat but a rotating secretariat. The meetings of the Z Club are, or were during the relevant years, generally of the following types:
(a) Meetings of presidents or heads of delegations (i. e. the most important representatives of the companies concerned);
(b) Meetings of commercial directors or similar ranking officers;
(c) 'Experts' meetings, often export managers or other officials at a level below that of commercial director.
7. All these meetings were arranged either by the Z Club itself or within the framework of larger steel associations such as Eurofer or the Fine Steels Club.
8. Eurofer, the European Confederation of Iron and Steel Industries, was constituted at the end of 1976 by professional association and companies in the Community steel industry, as a successor to the 'Club des Sidérurgistes', a loose cooperation forum with a similar membership.
9. Eurofer's objectives include:
(a) cooperation among the national associations, and also among Community steel undertakings, in order to represent their interests before the Commission of the European Communities and other international organizations;
(b) the undertaking of studies and action to contribute to the harmonious development of the European steel industry.
10. Article 48 of the ECSC Treaty recognizes the right of undertakings to form associations. Their membership must remain open and they may engage in any activity which is not contrary to the provisions of the Treaty or to the decisions or recommendations of the Commission. Other Articles also provide for the Commission to consult associations, specially regarding the introduction of measures affecting prices and production (Articles 46, 58 and 61). Eurofer played an active role during the period of 'manifest crisis' (see section III below).
11. Eurofer has numerous committees and product groups such as the so-called CDAS (Comité de Direction Aciers Spéciaux) which groups the producers of special steels. Frequently, there were meetings of the Z Club on the occasion of meetings of the CDAS.
12. The Fine Steels Club is another association of special steel producers which predates Eurofer and which includes not only ECSC producers but other European producers (Swedish, Finnish, Austrian, etc.) Meetings of the Z Club also took place on the occasion of meetings of the Fine Steels Club.
III. The crisis in the steel industry
1. The European steel industry was affected by a drop in demand which created problems of excess supply and spare capacity and consequent low prices from the mid-1970s to 1986, with the normal variations between different steel products.
2. The Commission, on the basis of Article 57 of the Treaty, adopted the so-called 'Simonet Plan' on 1 January 1977 by which each company made unilateral voluntary commitments vis-à-vis the Commission to adjust its deliveries to the levels suggested by the Commission each quarter in its forward programme.
The plan stated: 'In any such crisis situation, the Commission expects that undertakings will display solidarity, and tailor their production or deliveries to these indicative tonnages, and that they will enter into individual undertakings with the Commission to this effect. When planning and implementing the measures outlined above, the Commission will consult the trade associations, and workers', consumers' and stockholders' organizations. The Commission will make certain that any role given to these trade associations and organizations while these measures are in force is compatible with the ECSC Treaty in general and the competition rules in particular.
3. This system proved insufficient to stabilize the market and thus in 1978 the 'First Davignon Plan' came into effect. This new regime complemented the unilateral voluntary commitments with indicative and minimum prices as well as with external protection, i. e. the introduction of voluntary export restraints agreed with third countries, import reference prices and a more rigorous application of the ECSC anti-dumping measures. These external measures were in accordance with the burden-sharing consensus reached by the OECD Member States in 1977.
4. Despite all these measures, the situation in the steel market continued to deteriorate and on 31 October 1980 the Commission adopted Decision No 2794/80/ECSC (1), by which a state of 'manifest crisis' was declared in accordance with Article 58 of the ECSC Treaty. By virtue of this Decision, mandatory production quotas were imposed by the Commission but not for the products which are the subject of this Decision. These measures were extended by Decisions No 1831/81/ECSC (2), No 1696/82/ECSC (3), No 2177/83/ECSC (4), No 234/84/ECSC (5) and No 3485/85/ECSC (6).
5. This anti-crisis regime imposed by the Commission can be summarized as follows: the Commission fixed a general objective of Community production for each quarter for different product categories and each undertaking was allotted a compulsory production quota for deliveries within the Community market, known as its share of 'Big I', i. e. the Community market.
6. The Commission also adopted Decision No 3483/82/ECSC (7) establishing a so-called 'surveillance system' by which each undertaking was obliged to declare its deliveries by country to the Commission. In addition, Decision No 3717/83/ECSC (8) was adopted, requiring production certificates and accompanying documents for each delivery.
7. The cold-rolled stainless steel flat product sector felt the effects of the general crisis of the steel industry. However, this product, together with some other specific products, was never included in the product categories of the Article 58 regime.
8. Nevertheless, officials of the Commission held several meetings with the Community producers of cold-rolled stainless steel falt products between 1980 and 1982 in order to evaluate the situation for this product for which only the widths above 500 mm fall under the ECSC Treaty, and to try to find a solution to improve the conditions of the market.
IV. Historical Background (I) - 1983
1. To complete this summary of the background to the 1986 Agreement which is the subject of this Decision, it is necessary to refer to an agreement made in 1983 and to certain bilateral agreements. The contacts with the Commission officials, summarized above did not lead to any concrete results, but the Community producers continued to meet on their own.
2. However, it was not until 13 January 1983 that a formal 'Agreement on a voluntary system of delivery and production limitation for cold-rolled stainless steel flat products' was signed. The undertakings which signed the Agreement (Annex I to the Agreement) were:
ALZ NV,
British Steel Corporation,
Ilssa-Viola SpA,
Industria Acciai Inossidabili SpA,
Krupp Stahl AG,
Peugeot-Loire SA,
Terninoss SpA,
Thyssen Edelstahlwerke AG,
Ugine-Gueugnon SA,
Usinor SA.
3. On 17 January 1983 the Commissioners responsible for industrial affairs, Mr Davignon, and for competition policy, Mr Andriessen, co-signed a letter to Eurofer reminding the undertakings and Eurofer itself of their obligations under the Treaty. Specifically, these two Commissioners pointed out that the undertakings, or their associations, should not use the anti-crisis measures imposed by the Commission as an excuse to create cartels or to take decisions contrary to the Treaty and particularly contrary to Article 65.
4. A copy of the 1983 Agreement was handed over at the end of January 1983 to the Cabinet of Commissioner Davignon as well as to certain officials of the Commission. However, the signatories to the Agreement did not make an application for authorization of the Agreement under Article 65 (2) of the ECSC Treaty.
(1) OJ No L 291, 31. 10. 1980, p. 1.
(2) OJ No L 180, 1. 7. 1981, p. 1.
(3) OJ No L 191, 1. 7. 1982, p. 1.
(4) OJ No L 208, 31. 7. 1983, p. 1.
(5) OJ No L 29, 1. 2. 1984, p. 1.
(6) OJ No L 340, 18. 12. 1985, p. 5.
(7) OJ No L 370, 29. 12. 1982, p. 1.
(8) OJ No L 373, 31. 12. 1983, p. 9.
5. Eurofer replied to the Commissioner's letter of 17 January 1983 on 8 February 1983, stating that the Commission would always be informed of their activities and it would be up to the Commission to evaluate if these activities were contrary to the Treaty.
6. The signatories to the Agreement contacted the two Swedish and Finnish undertakings. Avesta and Outokumpu, in an attempt to persuade them to join the Agreement. These two undertakings objected to the proposals made by the Community producers and Avesta was quoted by the Community companies as arguing that they could not agree to participate in such an agreement for 'legal reasons'.
7. The 1983 Agreement was formally terminated on 30 June 1983 after less than six months in operation.
V. Historical background (II) - 1984 to 1986
1. Despite the failure of the 1983 Agreement and the disagreements which occurred among producers, the Z Club continued its activities on a regular basis.
2. There was a meeting initiated by British Steel in Duesseldorf on 27 February 1984. British Steel proposed 'cooperation on prices' and, as a second step, a new tonnage agreement similar to the 1983 Agreement.
3. The market situation for steel in the Community continued to deteriorate during 1984 and 1985.
4. Despite the fact that most European producers were incurring losses on stainless flat product, for some time the Z Club experienced difficulty in reaching consensus. Meetings of the Z Club took place regularly and frequent attempts were made to raise prices during this period 1984 to 1985.
5. Given the deterioration of the market situation on the one hand and the difficulties in reaching a multilateral agreement on the other hand, the producers chose in 1985 to conclude 'interpenetration agreements' on a bilateral basis (country to country).
6. The Commission has evidence that eight bilateral agreements had been made by early 1986. Six of them were between Community producers and producers in Finland and Spain, and were known to the Commission officials dealing with those countries (see section V - point 12 below).
7. Under these bilateral interpenetration agreements the producers of each country in question agreed on a maximum yearly tonnage to be exported to the other country, and vice versa.
8. Spain became a member of the European Communities on 1 January 1986 but the Act of Accession of Spain and Portugal established a transitional arrangement lasting for three years (1986 to 1988) for the steel sector to allow restructuring which included a restriction of steel exports to the other Community countries. The total tonnage of steel products allowed into the rest of the Community from Spain was to be decided by the Council of Ministers for each of these years.
9. Finland and Sweden were at all relevant times subject to the Community's external steel policy. There has been an annual Exchange of Letters between each of these countries and the Community providing for export restrictions since 1978.
10. From 1978 and under the Act of Accession, the same principle applied to these three countries, Finland, Spain and Sweden: the maintenance of traditional trade flows, in practice meaning that their steel exports to the Community were to be maintained at previous levels and no variations were allowed in regional distribution, product-mix or timing (the so-called 'triple-clause').
11. During 1984 and 1985 Acerinox, Avesta and Outokumpu experienced abnormal delays in obtaining import licences in some of the Member States (especially in Germany, France and Italy) despite the fact that under GATT rules these licences must be given automatically. The Member States involved complained that the three companies in question were not respecting the 'triple clause' as established in the Exchanges of Letters between the Community and their respective governments.
12. The Commission officials responsible for relations with these countries brought up this issue in their conversations with the representatives of the governments involved (Finland, Spain and Sweden). Since those governments did not have the legal power to impose formal export quotas on their own undertakings, it was recommended that their respective undertakings should contact the companies in the Member States which had complained, in order to solve the problem within the framework of the Exchange of Letters.
13. Commission officials never suggested that either Acerinox, Avesta or Outokumpu should join any multilateral agreement.
VI. The 1986 Multilateral Agreement, the subject of this Decision
1. By the time the Z Club met in Paris on 15 April 1986, a new formal Agreement was in sight. There were only technical details to be worked out. 2. An 'Agreement on a voluntary system of delivery limitations for cold-rolled stainless steel flat products' was signed on 16 May 1986 in Duesseldorf.
3. The main provisions of this Agreement were:
(a) products subject to the Agreement:
- cold-rolled stainless steel flat products in coils and sheets cut from oil, plates and narrow strip without limitation of widths or thickness,
- prime and non-prime products,
- deliveries to rerollers,
- KBR was excluded (KBR = finished cold-rolled sheet or plate of width greater than 63 (1 600 mm), thickness from 3 to 7 mm);
(b) markets subject to delivery quotas:
- Austria,
- Belgium/Luxembourg,
- Denmark,
- Ireland,
- Finland,
- France,
- Germany,
- Greece,
- Italy,
- Malta,
- Netherlands,
- Norway,
- Portugal,
- Spain,
- Sweden,
- Switzerland,
- United Kingdom.
These 17 markets considered together were referred to as 'bid C'. The markets considered separately were referred to as 'small c';
(c) establishment of Z Club statistics and elaboration of quarterly estimates of the level of demand;
(d) voting power of each member of the Z Club: 75 % of its market share in the market concerned plus 25 % of its relative position in the total territory covered by the Agreement;
(e) establishment of delivery quotas:
'Big C' % quota according to the following table:
(%)
1.2.3 // // // // Participating companies // 'Big C' // Delivery quota // // // // Belgium // 6,152 // // - ALZ // // 6,152 // Finland // 6,072 // // - Outokumpu // // 6,072 // France // 18,843 // // - Ugine Gueugnon // // 11,430 // - Usinor Châtillon // // 7,413 // Germany // 27,831 // // - Krupp Stahl // // 17,887 // - TEW // // 9,944 // Italy // 18,671 // // - IAI // // 9,3355 // - Terninoss // // 9,3355 // Spain // 7,329 // // Acerinox // // 7,329 // Sweden // 6,820 // // Avesta // // 6,820 // United Kingdom // 8,282 // // BSC // // 8,282 // // // // Total // 100,000 // 100,000 // // //
These 'Big C' percentage quotas were converted into 'Big C' quarterly tonnage quotas using the market demand estimates described above,
- 'small c': the quarterly quotas were determined by the respective quarterly market estimates and by the following matrix: 'Small c' Master table (Table 11 of 15 May 1986)
(tonnes) 1.2.3.4.5.6.7.8.9.10 // // // // // // // // // // // // Germany // Belgium/ Luxembourg // Spain // Finland // France // Italy // United Kingdom // Sweden // Total // // // // // // // // // // // Germany // 18 009 // 1 424 // 1 102 // 906 // 2 881 // 1 506 // 1 065 // 1 577 // 28 500 // Belgium/ Luxembourg // 448 // 563 // 25 // 136 // 462 // 425 // 130 // 80 // 2 269 // Spain // 551 // 271 // 3 515 // 100 // 391 // 33 // 36 // 70 // 4 967 // Finland // 176 // 96 // 87 // 1 454 // 108 // 6 // 32 // 268 // 2 207 // France // 956 // 765 // 501 // 212 // 8 781 // 903 // 531 // 159 // 12 808 // Italy // 1 410 // 1 249 // 501 // 522 // 1 954 // 12 622 // 394 // 408 // 19 060 // United-Kingdom // 1 106 // 465 // 73 // 204 // 1 133 // 339 // 5 158 // 434 // 8 939 // Sweden // 601 // 190 // 75 // 358 // 347 // 7 // 15 // 1 610 // 3 203 // Netherlands // 908 // 484 // 206 // 452 // 610 // 523 // 153 // 409 // 3 744 // Irland/ Denemark/ Greece // 823 // 98 // 281 // 563 // 362 // 384 // 252 // 808 // 3 571 // Austria // 516 // - // 30 // 284 // 155 // 413 // - // 346 // 1 744 // Portugal // 90 // 215 // 287 // 46 // 150 // 131 // 169 // - // 1 088 // Malta // 40 // - // 31 // - // 33 // - // - // - // 104 // Norway // 219 // 27 // 70 // 183 // 78 // - // - // 189 // 766 // Switzerland // 1 019 // 100 // 322 // 449 // 769 // 756 // 44 // 234 // 3 693 // // // // // // // // // // // // 26 902 // 5 947 // 7 085 // 5 869 // 18 214 // 18 048 // 8 006 // 6 592 // 96 663 // // // // // // // // // //
(f) the 'small c' shares were corrected in cases of previous tonnages bilaterally agreed;
(g) implementation of a sophisticated system for compensation, carry-overs, exchanges and purchases of quotas;
(h) establishment of a system of fines:
- for the first quarter of the Agreement a fine of 125 ECU per tonne was imposed on delivery to each 'small c' market in excess of 3 % or 40 tonnes per quarter whichever was greater (5 % or 65 tonnes per quarter for ALZ) over the agreed quotas. A fine of ECU 125 per tonne was imposed on excess deliveries to 'big C',
- from the second quarter onwards, the fines were increased to ECU 250 per tonne,
- a fine of ECU 250 per tonne on delivery tonnages not declared;
(i) obligation of a deposit of a collateral in the form of promissory notes or bank guarantees;
(j) the 'pricing aspect' was described in the Agreement as follows:
'The efficient application of this Agreement should permit the progressive price stabilization in the 'big C' market area. Decisions in this regard will be taken as appropriate by the Sendzimir Club members during their periodic meetings, and adherence to these decisions is regarded as essential to this agreement.'
In practice, the members set up a pricing committee for this purpose;
(k) the administration of the Agreement was to be carried out by the Z Club secretariat 'in close collaboration' with Eurofer. A market forecast committee and a market arbitration committee were set up as well;
(l) the Agreement was made for a period of 12 months, namely the fourth quarter of 1986 (transition period) and the first three quarters of 1987.
4. The undertakings which signed the Agreement were:
- ALZ NV,
- Outokumpu OY,
- Usinor Châtillon SA,
- British Steel Corporation,
- Industria Acciai Inox SpA,
- Krupp Stahl AG,
- Terninoss-Acciai Inossidabili SpA,
- Acerinox SA,
- Avesta AB,
- Thyssen Edelstahlwerke AG,
- Ugine-Gueugnon SA.
5. At the next meeting of the Z Club in Paris on 3 July 1986, the application of the Agreement began: checking the deposit of collaterals, discussion of 'small c's' and collusion on prices (agreement to discuss minimum prices to become effective on 1 January 1987).
6. On 21 October 1986 the committee of experts of the Z Club met in Brussels to determine the method of calculation to be used for the fourth quarter of 1986 and the first quarter of 1987, the definition of cold-rolled material, how to account for indirect deliveries, and other technical matters.
7. On 1 October 1986, the day the Agreement came into effect, a price increase was implemented by all members and a further increase was announced for 1 January 1987.
8. The undertakings concerned did not request authorization of the Agreement under Article 65 (2) of the ECSC Treaty.
9. The companies have claimed that Eurofer's representatives gave a copy of the 1986 Agreement to the Commissioner responsible for industrial affairs and several officials of the Steel Directorate (Directorate General III). This statement has not been confirmed (see points 10 and 14 below).
10. A representative of Eurofer tried in June 1986 to give a copy of the Agreement to a high-ranking official in the Steel Directorate who refused to accept it and warned that the Commission could not tolerate any agreement among producers which would be contrary to Article 65.
11. Sir Robert Scholey, Chairman of British Steel (and then also President of Eurofer), sent a letter dated 29 May 1986 to Vice-President Narjes, in which he stated, 'You will recollect at our recent meeting in Duesseldorf that I reported the completion of an agreement between stainless producers.'
12. Vice-President Narjes replied in a telex message dated 17 June 1986 in which he did not refer to the Agreement but stated: '. . . At the end of 1984, a proposal had already been made to producers that problems in the sector and possible solutions to them be examined together with the Commission' (emphasis added).
13. Sir Robert Scholey sent another letter to Vice-President Narjes dated 15 October 1986, stating: 'Earlier this year I handed to you a copy of the Agreement . . .'
14. Vice-President Narjes replied on 5 January 1987, saying:
'. . . I have no recollection of receiving from you a copy of an agreement relating to stainless steel. Your letter does not describe in any detail the agreement to which you refer, but I must draw your attention to the fact that the Commission cannot give its approval to any agreement between undertakings which is contrary to the principles of Article 65 of the Treaty of Paris . . .' (emphasis added).
15. British Steel claims that they never circulated this letter to the other members of the club because it was addressed to Sir Robert as Chairman of British Steel and not as President of Eurofer. Furthermore, British Steel argues that since Vice-President Narjes had written 'confidential' on the letter, they wanted to keep it so.
16. British Steel further argues that as a consequence of this letter, they brought the issue of the legality of the Agreement before the Z Club. The Chairman of the Z Club received the mandate from the members of the Z Club to check with the Commission on the issue of legality.
17. The undertakings subject to these proceedings have not provided any evidence to prove that the Agreement was the subject of any application to the Commission.
VII. Renewal of the 1986 Agreement
1. On 16 May 1987 the signatories to the 1986 Agreement (see section VI, point 4) signed an extension of the Agreement by which it was extended until 30 September 1989, but ALZ signed only for the period until 31 December 1988.
2. The members of the Z Club claim that they gave a copy of the extension to some officials in the Steel Directorate, in Directorate-General III. It has not been possible to confirm this statement. They did not mention it to the official mentioned in section VI, point 10, who had refused to accept the 1986 Agreement and had warned the Eurofer representative.
3. The market situation for cold-rolled stainless steel flat products improved considerably duriang 1987. Eurofer, on a report on special steels dated 6 November 1987, stated:
'The proper working of the Z Club, administered by Eurofer, is still being helped by a vigorous demand for cold-reduced material. The quantity forecasts made for the first half-year of 1988 do not show any weakening of the expected demand, compared to the "boom" observed in 1987.'
4. This Eurofer report also confirms the concerted pricing practices of the Z Club:
'As far as prices are concerned, the increases set for the fourth quarter of 1987 have been largely obtained. All members of the Sendzimir Club now report a very satisfactory response from the market regarding the price rise of 7 % in austenitic grades and 5 % in ferritic qualities decided for the deliveries in the first quarter of 1988.
This good result has been secured mainly thanks to an improvement of the organized coordination and direct contacts between members of the pricing committee. Additional price increases will, therefore, be necessary to offset the rise of alloying elements, the Z Club members are considering a further improvement of their prices by 4 to 5 % on 1 April 1988.'
5. A meeting of the Z Club took place in Milan on 16 September 1987 at which representatives of all signatories to the Agreement were present, as well as two of Eurofer's representatives. The main topics of discussion were:
- allocation of 'Big C' and 'small c' quotas for the fourth quarter of 1987 and the three first quarters of 1988,
- discussion on the future of the bilateral agreements: the Italian, Swedish, Finnish and Belgian groups expressed their intentions not to make bilateral agreements, the German group wished to set up bilateral agreements with British Steel and Acerinox. Acerinox wished to extend their bilateral agreements with British Steel and the German producers and the British group wanted to modify its agreements with Acerinox and the German producers and establish new ones with Avesta,
- a report of Eurofer on implementation of the Agreement and distribution of the following table of fines:
Qu. 4/86 + Qu. 1/87 Penalty payment - Distribution in national currencies
1.2.3.4 // // // // // // French francs // Pesetas // Swedish kronor // // // // // Acerinox // 60 007 // - // 101 352 // ALZ // 14 340 // 104 517 // 23 415 // Avesta // 8 155 // 115 853 // - // BSC // 12 862 // 140 694 // 57 696 // IAI // 10 482 // 158 593 // 20 788 // Krupp Stahl // 24 958 // 303 870 // 52 145 // Outokumpu // 8 537 // 103 148 // 16 694 // TEW // 13 213 // 168 921 // 27 923 // Terninoss // 12 721 // 158 594 // 21 906 // Ugine // 6 105 (*) // 320 100 // 63 778 // // // // // Total // 171 380 // 1 574 290 // 385 697 // // // //
Remarks
- As yet, these amounts do not include additional interest on deposit made.
- Amounts in Swedish currency are blocked until 31 December 1987.
- Actual distribution will be made on net amounts between the French, Spanish and Swedish companies.
- (*) FF 6,105 = penalty to be paid by Ugine Gueugnon to Usinor Châtillon for QU. 4/86 = to be cancelled.
6. Another meeting of the Z Club took place on 3 November 1987 in Duesseldorf in order to discuss the implementation of the Agreement in the second and third quarters of 1987 and calculate the tonnage quotas for the first and second quarters of 1988.
7. The two German producers (Thyssen and Krupp), Acerinox and British Steel had bilateral agreements during the third quarter of 1987 as confirmed by Eurofer's letter to the members of the Z Club dated 17 July 1987.
8. The Z Club continued its regular meetings in 1988. Thus, at the meeting in Brussels on 3 February 1988 the members of the Z Club discussed the excess deliveries during the third quarter of 1987. British Steel requested the procedure of arbitration for a fine imposed for excess deliveries to a customer 'who otherwise would have been short of material and who could have, as a result, complained to Brussels' (emphasis added).
9. At this meetiang, the quotas for the second quarter of 1988 were fixed and the exchanges of quotas counted by the secretariat for the fourth quarter of 1987 were confirmed. The chairman also informed the club of the fact that the total amount collected from fines was equivalent to ECU 300 000.
10. The Commission was made aware of customers' complaints during 1987 both from articles in the British press and from the Portuguese Government which transmitted to the Commission in August 1987 a complaint received by its own Directorate-General for Competition put forward by an association of consumers.
11. At the time of the inspections carried out under Article 47 of the ECSC Treaty by officials of the Commission on 28 and 29 April 1988 in the offices of the seven ECSC producers, the 1986 Agreement was still in force.
12. After all the undertakings listed in section II, points 4 and 5 had received the statement of objections in October 1988, the Chairman of the Sendzimir Club sent a letter dater 24 October 1988 to the Commissioner responsible for competition stating: 'At the request of all the companies who are signatories to the agreement of 16 May 1986, I write to inform you formally that, in light of the position of the Commission as now set forth in its Statement of Objections in the above case, the parties have terminated the agreement.'
B. LEGAL ASSESSMENT
VIII. Article 65 (1)
1. Article 65 (1) of the ECSC Treaty prohibits all agreements between undertakings, decisions by associations of undertakings and concerted practices tending directly or indirectly to prevent, restrict or distort normal competition within the common market, particularly those tending:
(a) to fix or determine prices;
(b) to restrict or control production, technical development or investment;
(c) to share markets, products, customers or sources of supply.
2. The European producers of cold-rolled stainless steel flat products mentioned in part A, section II, points 4 and 5, namely: Acerinox SA, ALZ NV, British Steel plc, Krupp Stahl AG, Terni Acciai Speciali SpA, Thyssen Edelstahlwerke AG, Ugine Aciers de Châtillon et Gueugnon, Outokumpu OY, Avesta AB, have, on the basis of the evidence detailed in sections VI and VII, made and carried out agreements and decisions and engaged in concerted practices forbidden by Article 65 (1). In particular:
(a) all the undertakings named in part A, section II, points 4 and 5, signed an agreement in May 1986 which was valid for the fourth quarter of 1986 and the first three quarters of 1987. In March 1987 the same undertakings extended the Agreement until 30 September 1989 (ALZ only until 31 December 1988). This Agreement, which was in operation during the period October 1986 to April 1988, prevented, restricted and distorted normal competition in the common market by controlling production, by sharing markets and customers, and by providing the basis for concerted practices on prices.
(b) all the undertakings named in part A, section II, points 4 and 5 engaged, during the period October 1986 to April 1988, in concerted pricing practices which tended to distort normal competition.
3. The 1986 Agreement, which covered almost all producers of cold-rolled stainless steel flat products selling in the Community and which applied to both production quotas and prices, inevitably had a significant effect on conditions on the Community market. The 1986 Agreement was followed by, and certainly contributed to, the substantial price increases which occurred during the period 1986 to 1988.
4. It was argued in various ways by several companies that because of the steel crisis Article 65 had in some way become inoperative until revived by the Commission. This argument cannot be accepted in any form. At no time during the crisis did the Commission ever say anything to suggest that Article 65 was inoperative. This would be incompatible with the common market as expressed in Article 4. Article 65 is part of the ECSC Treaty and cannot be set aside or made inapplicable, except in so far as the Commission authorizes agreements in accordance with Article 65 (2).
5. Article 58, which envisages a system of production quotas if there is a period of manifest crisis, and Article 61, which allows the Commission to fix prices, say nothing to limit the application of Article 65 beyond the measures envisaged in the quota and price regimes. Only the Commission itself, temporarily and exceptionally, may formally authorize or encourage companies to enter into specific agreements in relation to steels within the framework of a production quota regime and for the purpose of helping to solve difficulties existing during a manifest crisis. Companies are entitled to enter into agreements which would otherwise infringe Article 65 only to the extent that such agreements have been specifically and clearly authorized by the Commission.
6. Exceptions to basic Treaty rules must always be interpreted narrowly (see Case 154/78 Valsabbia. [1980] ECR 907 at paragraph 84). There is no legal or factual basis for arguing that statements made by the Commission encouraging companies unilaterally to limit production or to raise prices and to enter into commitments to the Commission as to the levels to be decided, in relation to ordinary steels, justified the companies, in subsequent years, in relation was needed to put Article 65 into operation again.
7. This conclusion is not affected by the references in Article 5 to limited intervention or in Article 57 to indirect means. These Articles govern the powers of the Commission: they do not give companies carte blanche to disregard the clear provisions of Article 65, which apply specifically to agreements between companies, or allow companies to cooperate with one another rather than with the Commission. Nor is this conclusion affected by references to the case law of the Court which shows that the Commission may choose, if necessary, to give weight to objectives other than competition: this allows the Commission to alter the emphasis between its objectives, but it does not allow the companies to enter into restrictive agreements merely on the grounds that they are said to promote objectives to which the Commission had previously and in different circumstances given weight.
8. If there could have been any doubt about this, the letter dated 17 January 1983 in which Commissioners Andriessen and Davignon stated that the Commission would not tolerate any agreements not in accordance with Article 65, would have put it beyond doubt (see section IV, point 3).
9. The subsequent reply from then President of Eurofer dated 8 February 1983 inviting the Commission to draw attention to any breaches could not be regarded as a legitimate or effective means of transferring to the Commission the responsibility which remains at all times with companies to take the normal steps, i.e. to notify their agreements and if necessary to request that these agreements are authorized to ensure that their actions remain within the law, (see section IV, point 5).
10. Other arguments were made to the effect that Article 65 did not apply because, it was said, 'normal' competition did not exist. These arguments cannot be accepted. The word 'normal' in Article 65 appears to mean 'competition unaffected by restrictive agreements'. Even if it means something more, it is for the Commission to decide when restrictive agreements are justified by abnormal circumstances, not for companies to behave as if they did not need to comply with Article 65 at all. It is also for the Commission, and not for the companies, to decide what measures, if any, need to be adopted from time to time to restore satisfactory economic conditions in the industry. There is nothing in Article 65 to suggest that it is inapplicable in 'abnormal' conditions. Any such interpretation, if it were accepted, would make Article 65 inapplicable when it might be most essential. The fact that subsidies were being given to steel companies, or that there was a quota regime for ordinary steels, certainly does not mean that Article 65 was inapplicable. By 1986 the Commission was moving away from strict crisis measures and towards a more liberal regime. Therefore, it was particularly unjustifiable for the companies to make agreements having the opposite objective.
11. Various arguments were made about the principle of legitimate expectations. But the Community law principle protecting legitimate expectations cannot be relevant when
(i) the companies concerned have not followed the only normal and correct procedure for companies acting in good faith to protect themselves aginst fines, that is, proper notification of their agreement and an application for authorization,
(ii) no statement has been made by anyone in the Commission saying that the agreements in question were consistent with competition law, and
(iii) no measure has been adopted and no policy has been altered with retroactive effect: the relevant rules of competition law have remained unchanged, and were clearly stated in the Treaty by Article 65, a Treaty provision which has been in force since 1953.
12. Even if, as argued by the companies, certain Commission officials were aware of the Agreement, this could not make the Agreement lawful: only a Commission decision based on a correct formal application for authorization could have done that. The companies remained responsible for their own actions and for ensuring that the correct precautions were taken to protect themselves from fines if there was a risk of fines, as there plainly was. The purpose of this Decision is to prevent a recurrence of this anti competitive behaviour and to indicate clearly that the Commission will not tolerate such practices in the future. The companies, argument is therefore relevant only to the question of fines (See section X below).
13. It has been argued by the undertakings subject to this Decision that the 1986 Agreement should be regarded as a voluntary or indirect measure under Article 57. But measures under Article 57 are measures to be taken by the Commission and this Article does not mention agreements between companies. There is a fundamental difference between argreements between companies made after consultation with the Commission and designed essentially to make measures taken by the Commission more effective and easier to supervise, on the one hand, and agreements made on the companies' own initiative, without consultation with the Commission (which was merely informed informally about them) and which were designed not to support existing restrictions but to create new restrictions with additional economic effects, on the other. The 1986 Agreement was not designed to make existing restrictions work better (which would have had minimal economic effects) but to bring about economic results which the other measures in operation had not brought about and which the companies desired.
14. There were no consultations with the Commission with regard to the 1986 Agreement and no Commission official participated in any of the meetings which led to the 1986 Agreement. Nothing was ever said by any Commission official to suggest that the 1986 Agreement could be regarded as part of the measures under Article 58.
IX. Article 65 (2)
Under Article 65 (2) of the Commission shall authorize specialization agreements or joint-buying or joint-selling agreements or agreements which are strictly analogous in nature and effect if they satisfy certain specified conditions. In the present case the Agreements and concerted practices described in this Decision could never have qualified for authorization. They do not come within the types of agreements which can be authorized. On the contrary, they were designed to protect home markets, to share markets and to allow prices to be fixed, all of which activities are incompatible with the basic principles of the common market. Article 46 could not cause the inapplicability of Article 65 (2) because the Commission made clear from the beginning of the 'Simonet Plan' that all these crisis measures must be compatible with the Treaty and specially the competition rules (see section III, point 2 above).
X. Article 65 (5)
1. Under Article 65 (5) the Commission may impose fines or periodic penalty payments on any undertaking which entered into an agreement which is automatically void, or has enforced or attempted to enforce, by arbitration, penalty, boycott or any other means, an agreement or decision which is automatically void, or has engaged in practices prohibited by Article 65 (1).
2. The Commission may impose fines or periodic penalty payments not exceeding twice the turnover on the products which were the subject of the agreement, decision or practice prohibited by Article 65 (1); if however, the purpose of the agreement, decision or practice is to restrict production, technical development or investment, this maximum may be raised to 10 % of the annual turnover of the undertakings in question in the case of fines, and 20 % of the daily turnover in the case of periodic penalty payments.
3. The companies were aware, and had been reminded by the Commission of the distinction between:
(i) unilateral voluntary decisions by each company to raise prices or to reduce production, communicated to the Commission, and
(ii) decisions communicated by one company to another on a reciprocal basis. The fact that the Commission had encouraged the first kind of decisions does not alter the fact that decisions of the latter kind are unlawful unless formally notified to and approved, if possible, by the Commission.
4. At no time did any company make any application for the Agreement be authorized. Only an explicit request could have given any right to immunity from fines. The fact that no such application was made makes it clear that the companies were not acting in good faith.
5. Even if the companies had made such an application this agreement could not have been approved according to Article 65 and therefore the Commission would still be entitled to adopt this Decision declaring it unlawful. The Community companies had years of experience of legal controls under Community law and were well informed about Community competition law.
6. Companies cannot avoid fines by informally informing officials about agreements which are inconsistent with Community competition rules.
7. The Agreement concerned cold-rolled stainless steel flat products, for which there was no Community quota regime. No Community regime had ever authorized an agreement of this kind for stainless steel. The companies must have been aware of this.
8. The fact that competition has been limited by Community action in certain respects does not authorize companies to restrict it further or in other respects: indeed, it is especially important in such circumstances that the balance between competition and other considerations, when it has been decided on by the Community institutions, should not be altered. Cold-rolled stainless steel products were not subject to the Community production quota regime and the companies were not entitled to install their own regime through restrictive agreements.
9. The Agreements had no connection with restructuring the steel industry. No reductions in capacity were contemplated by the Agreements.
10. In considering what fines should be imposed, it is necessary to distinguish between the companies within the Community, the two Nordic companies and the particular situation of Acerinox. All of the companies acted deliberately, or at least negligently, and knew that they were restricting competition.
11. In deciding whether to impose fines, and if so, the amount of those fines on the enterprises within the Community (subject, in the case of Acerinox, to the comments made below), the following points are the most important:
(a) the companies had been accustomed to a Community regime for other steel products, in the operation of which they had been requested by the Commission to enter into certain agreements to stabilize supply and prices;
(b) the companies informed some Commission officials, without ever requesting an authorization of the Agreement under Article 65 (2) of the ECSC Treaty;
(c) the evidence in the Commission's possession shows that the 1986 Agreement was made by the companies on their own initiative and without any encouragement or pressure of any kind from any Commission official, and was not related to any crisis measures adopted by the Commission;
(d) in this decision, fines are solely being imposed in respect of the 1986 Agreement.
Because of the facts set out above, it is clear that it would not be correct to impose, in these circumstances, the large fines which would otherwise be appropriate. Indeed, having regard to the possibility of a misunderstanding about the effects of Article 65 and to the fact that there had been 'manifest crisis' measures applicable to serveral other categories of products of the steel industry at various times it is considered that, in this exceptional case, the fines imposed on the Community producers should be very much reduced from the levels that would normally be applicable.
12. Regarding the Nordic companies Avesta and Outokumpu it must be said, in the first place, that the Exchange of Letters did not invite or authorize them to join any cartels, and did not exempt (indeed could not validly have exempted) them from Community competition law. Although it is sometimes unnecessary to enforce competition law when there is a commercial policy agreement in force, only the clearest possible words of a formal agreement made by the Commission could ever prevent the Commission from doing so, and even then only to a limited extent: not even the Council can set aside the provisions of the Treaty. Competition law creates private rights and the Commission could not set them aside or dispense companies from their duty to obey it. The Free Trade Agreements with the EFTA countries make it clear that the Commission is entitled to apply Community competition law, and the Exchange of Letters could not be interpreted as taking away that right. In circumstnaces such as in this case, companies in non-Member States which are carrying out instructions from the Commission or their national authorities must go no further than they are instructed to go. Avesta and Outokumpu were never instructed to sign the 1986 Agreement. However, the following points must also be taken into consideration:
(a) the freedom of Avesta and Outokumpu to sell in the Community at the prices and in the quantities they wished was clearly restricted by the exchange of letters between the Community and Sweden and Finland respectively. The Commission, on the instructions of the Council, had put pressure on the Swedish and Finnish authorities, who in turn put pressure on the two companies, to limit their exports to the Community substantially to levels reached in previous years. for this purpose, the Directorate-General for External Relations, which was responsible for the management of the Exchange of Letters, indirectly encouraged the Noridc companies to enter into certain bilateral agreements with enterprises within the Community.
In certain respects, these companies therefore acted as suggested by the authorities in their own countries. The companies could have communicated these agreements to the Commission, and would have been wise to do so,
(b) Avesta and Outokumpu were efficient companies in 1986 and subsequently. The Agreement restricting the volume of their exports was contrary to their interests and they would not have entered into them except under pressure. By failing to inform the Directorate General for competition they undoubtedly acted contrary to their own interests;
(c) There may have been a false impression in the minds of the Nordic companies as to the effects of Article 65 regarding the 1986 Agreement, particularly as they sought and were given assurances by their Community partners that there were no problems in this respect.
13. The provisions in Protocol 10 to the Act of Accession of Spain and Portugal did not invite or authorize Acerinox or any other Spanish company to join any cartels, and did not exempt (indeed it could not validly have exempted) them from Community competition law. However, the following points must also be taken into consideration: (a) The freedom of Acerinox to sell in the Community in the quantities it wished, was clearly restricted by the quantitative export limits imposed during the transitional period (1986 to 1988). In order to implement the provisions of Article 52 and of Protocol 10 to the Act of Accession, the Spanish authorities allocated the yearly export tonnage between the various Spanish producers so as to reflect the historical pattern of trade between Spain and the other Member States. Therefore, in some respect at least, Acerinox was acting as suggested by its authorities to comply with the provisions of Protocol No 10 of the Act of Accession;
(b) Acerinox was an efficient company in 1986 and it was expanding its production capacity for the products subject to this Decision. Consequently, the arrangement restricting the volume of its exports was contrary to its interests and it would not have entered into them except under pressure. By failing to inform the Directorate-General for Competition, it undoubtedly acted contrary to its own interests;
(c) there may have been a false impression in the minds of Acerinox as to the effects of Article 65 regarding the 1986 Agreement, particularly as they too sought and were given assurances by their Community partners that there were no problems in this respect.
14. For the reasons given in section X, points 12 and 13, it is considered that no fines should be imposed on the two Nordic companies, Avesta and Outokumpu, and the Spanish company Acerinox,
HAS ADOPTED THIS DECISION:
Article 1
The undertakings Acerinox SA, ALZ NV, British Steel plc, Krupp Stahl AG, Terni Acciai Speciali SpA, Thyssen Edelstahlwerke Ag, Ugine Aciers de Châtillon et Gueugnon, Outokumpu OY and Avesta AB have, during the years 1986, 1987 and 1988 (January to April), infringed Article 65 (1) of the ECSC Treaty by entering into the Agreement dated 15 April 1986 concerning quotas and prices which prevented, restricted and distorted normal competition in the common market by controlling production and by sharing markets and customers.
Article 2
For the infringements described in Article 1, the following fines are hereby imposed:
ALZ NV ECU 25 000,
British Steel Plc ECU 50 000,
Krupp Stahl AG ECU 100 000,
Terni Acciai Speciali ECU 100 000,
Thyssen Edelstahlwerke AG ECU 50 000,
Ugine Aciers de Chatillon et Gueugnon ECU 100 000.
Article 3
The fines imposed under Article 2 shall be paid within three months of the date of notification of this Decision to the following bank accounts:
1.2,3 // // // Address // Account number for // 1.2.3 // // National currency // ECU // // // // Germany Dresner Bank AG // 2 114 628 // 2 114 628 00 // (BLZ 300 800 00) // // // D-4000 Duesseldorf // // // // // // Belgium Générale de Banque SA // 210-0000107-62 // 210-0000107-62 // B-1000 Brussels // // // // // // France Société générale // 30003-03010- // 30003-03010- // Agence Centrale // 00067030000 // 00077001001/73 // F-75794 Paris Cedex 16 // // // // // // Italy Banca Commerciale Italiana // 961794/02/89 // 961294/49/56 // I-20121 Milano // // // Banco di Napoli // 55/10 // // Filiale di Brescia // // // // // // United Kingdom Lloyds Bank // // 59010501 // Uk-London SE1 2HA // // // Barclays Bank Int. Ltd // 50350974 // // Uk-London SW1X 7LW // // // // //
On the expiry of that period, interest shall automatically be payable at the rate charged by the European Monetary Cooperation Fund on its ecu operations on the first working day of the month in which this Decision was adopted, plus 3,5 percentage points, i.e. 13,75 %.
Should payment be made in the national currency of the Member State in which the bank nominated for payment is situated, the exchange rate applicable shall be that prevailing on the day preceding payment.
Article 4
The undertakings mentioned in Article 1 shall forthwith bring to an end the infringements referred to in Article 1 to the extent that they have not already done so. To this end, these undertakings shall refrain from repeating or continuing any of the acts or behaviour specified in Article 1 and shall refrain from adopting any measures having an equivalent effect.
Article 5
This Decision is addressed to:
(a) Acerinox SA,
Dr Fleming 51,
E-28036 Madrid;
(b) ALZ NV,
Klein Langerlo,
B-3600 GENK;
(c) British Steel Plc,
9 Albert Embankment,
UK-London SEI 7 SN;
(d) Krupp Stahl AG,
Alleestrasse 165,
D-4630 Bochum;
(e) Terni Acciai Speciali Spa,
Viale B. Brin 218,
I-05100 Terni;
(f) Thyssen Edelstahlwerke AG,
Oberschlesienstrasse 16,
D-4150 Krefeld;
(g) Ugine Aciers de Chatillon et Gueugnon,
Immeuble Ile de France,
Cédex 33,
F-92070 Paris-la Défense;
(h) Avesta Ab,
Box 1000,
S-77401 Avesta;
(i) Outokumpu OY,
Head Office,
Box 280,
SF-00101 Helsinki.
In accordance with Article 92 of the Treaty, this Decision is enforceable.
Done at Brussels, 18 July 1990. | [
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Commission Regulation (EC) No 1231/2003
of 10 July 2003
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 11 July 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 July 2003. | [
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COMMISSION REGULATION (EC) No 27/2006
of 10 January 2006
opening a standing invitation to tender for the export of common wheat held by the German intervention agency
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 6 thereof,
Whereas:
(1)
Commission Regulation (EEC) No 2131/93 (2) lays down the procedure and conditions for the disposal of cereals held by intervention agencies.
(2)
Commission Regulation (EEC) No 3002/92 (3) lays down common detailed rules for verifying the use and/or destination of products from intervention.
(3)
Given the current market situation, a standing invitation to tender should be opened for the export of 500 000 tonnes of common wheat held by the German intervention agency.
(4)
Special rules must be laid down to ensure that the operations are properly carried out and monitored. To that end, securities should be lodged to ensure that the goals of the operation are achieved without excessive cost to the operators. Derogations should accordingly be made to certain rules, in particular those laid down in Regulation (EEC) No 2131/93.
(5)
To forestall reimportation, exports under this invitation to tender should be limited to certain third countries.
(6)
With a view to modernising the management of the system, provision should be made for the electronic transmission of the information required by the Commission.
(7)
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
Subject to this Regulation, the German intervention agency shall issue a standing invitation to tender in accordance with Regulation (EEC) No 2131/93 for the export of common wheat held by it.
Article 2
The invitation to tender shall cover a maximum of 500 000 tonnes of common wheat for export to third countries with the exception of Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the Former Yugoslav Republic of Macedonia, Liechtenstein, Romania, Serbia and Montenegro (4) and Switzerland.
Article 3
1. No export refund or tax or monthly increase shall be granted on exports carried out under this Regulation.
2. Article 8(2) of Regulation (EEC) No 2131/93 shall not apply.
3. Notwithstanding the third paragraph of Article 16 of Regulation (EEC) No 2131/93, the price to be paid for the export shall be that quoted in the tender, without monthly increase.
Article 4
1. Export licences shall be valid from their date of issue within the meaning of Article 9 of Regulation (EEC) No 2131/93 until the end of the fourth month thereafter.
2. Tenders submitted in response to this invitation to tender need not be accompanied by export licence applications submitted pursuant to Article 49 of Commission Regulation (EC) No 1291/2000 (5).
Article 5
1. Notwithstanding Article 7(1) of Regulation (EEC) No 2131/93, the time limit for submission of tenders under the first partial invitation to tender shall be 09.00 (Brussels time) on 12 January 2006.
The time limit for submitting tenders under subsequent partial invitations to tender shall be 09.00 (Brussels time) each Thursday thereafter, with the exception of 13 April 2006, 25 May 2006 and 15 June 2006, there being no invitation to tender in the weeks concerned.
The last partial invitation to tender shall expire at 09.00 (Brussels time) on 22 June 2006.
2. Tenders must be lodged with the German intervention agency:
Bundesanstalt für Landwirtschaft und Ernährung (BLE),
Deichmannsaue 29
D-53179 Bonn
Fax 1: 00 49 228 6845 3985
Fax 2: 00 49 228 6845 3276
Article 6
The intervention agency, the storer and a successful tenderer shall, at the request of the latter and by common agreement, either before or at the time of removal from storage as the tenderer chooses, take reference samples for counter-analysis at the rate of at least one sample for every 500 tonnes and shall analyse the samples. The intervention agency may be represented by a proxy, provided this is not the storer.
Reference samples for counter-analysis shall be taken and analysed within seven working days of the date of the successful tenderer's request or within three working days if the samples are taken on removal from storage.
In the event of a dispute, the analysis results shall be forwarded electronically to the Commission.
Article 7
1. The successful tenderer must accept the lot as established if the final result of the sample analyses indicates a quality:
(a)
higher than that specified in the notice of invitation to tender;
(b)
higher than the minimum characteristics laid down for intervention but below the quality described in the notice of invitation to tender, providing that the differences do not exceed the following limits:
-
one kilogram per hectolitre as regards specific weight, which must not, however, be less than 75 kg/hl,
-
one percentage point as regards moisture content,
-
half a percentage point as regards the impurities specified in points B.2 and B.4 of the Annex to Commission Regulation (EC) No 824/2000 (6),
-
and half a percentage point as regards the impurities referred to in point B.5 of Annex I to Regulation (EC) No 824/2000, the admissible percentages for noxious grains and ergot remaining unchanged, however.
2. If the final result of the analyses carried out on the samples indicates a quality higher than the minimum characteristics laid down for intervention but below the quality described in the notice of invitation to tender and the difference exceeds the limits set out in paragraph 1(b), the successful tenderer may:
(a)
accept the lot as established, or
(b)
refuse to take over the lot concerned.
In the case of (b) above, the successful tenderer shall be discharged of all obligations relating to the lot in question and the securities shall be released provided the Commission and the intervention agency are immediately notified using the form in Annex I.
3. Where the final result of sample analyses indicates a quality below the minimum characteristics laid down for intervention, the successful tenderer may not remove the lot in question. The successful tenderer shall be discharged of all obligations relating to the lot in question and the securities shall be released provided the Commission and the intervention agency are immediately notified using the form in Annex I.
Article 8
Should the cases mentioned in Article 7(2)(b) and 7(3) arise, the successful tenderer may ask the intervention agency to supply an alternative lot of common wheat of the requisite quality, at no extra cost. In that case, the security shall not be released. The lot must be replaced within three days of the date of the successful tenderer’s request. The successful tenderer shall immediately inform the Commission thereof using the form in Annex I.
If, following successive replacements, the successful tenderer has not received a replacement lot of the quality laid down within one month of the date of the request for a replacement, the successful tenderer shall be discharged of all obligations and the securities shall be released, provided the Commission and the intervention agency have been immediately informed using the form in Annex I.
Article 9
1. If the common wheat is removed before the results of the analyses provided for in Article 6 are known, all risks shall be borne by the successful tenderer from the time the lot is removed, without prejudice to any means of redress the tenderer might have against the storer.
2. The costs of taking the samples and conducting the analyses provided for in Article 6, with the exception of those referred to in Article 7(3), shall be borne by the European Agricultural Guidance and Guarantee Fund (EAGGF) for up to one analysis per 500 tonnes, with the exception of the cost of inter-bin transfers. The costs of inter-bin transfers and any additional analyses requested by a successful tenderer shall be borne by that tenderer.
Article 10
Notwithstanding Article 12 of Commission Regulation (EEC) No 3002/92, the documents relating to the sale of common wheat under this Regulation, and in particular the export licence, the removal order referred to in Article 3(1)(b) of Regulation (EEC) No 3002/92, the export declaration and, where applicable, the T5 copy shall carry one of the entries set out in Annex II.
Article 11
1. The security lodged under Article 13(4) of Regulation (EEC) No 2131/93 shall be released once the export licences have been issued to the successful tenderers.
2. Notwithstanding Article 17(1) of Regulation (EEC) No 2131/93, the obligation to export shall be covered by a security equal to the difference between the intervention price applying on the day of the award and the price awarded, but not less than EUR 25 per tonne. Half of the security shall be lodged when the licence is issued and the balance shall be lodged before the cereals are removed.
Article 12
Within two hours of the expiry of the time limit for the submission of tenders, the German intervention agency shall electronically notify the Commission of tenders received. This notification shall be made by e-mail, using the form in Annex III.
Article 13
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 876/96 of 14 May 1996 amending Regulation (EC) No 1600/95 laying down detailed rules for the application of the import arrangements and opening tariff quotas for milk and milk products and amending Regulation (EC) No 1474/95 opening and providing for the administration of the tariff quotas in the egg sector and for egg albumin resulting from the Agreements concluded during the Uruguay Round of multilateral trade negotiations
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Commission Regulation (EC) No 2931/95 (2), and in particular Article 16 (4) thereof,
Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975, on the common organization of the market in eggs (3), as last amended by Commission Regulation (EC) No 2916/95 (4), and in particular Article 6 (1) thereof,
Having regard to Council Regulation (EEC) No 2783/75 of 29 October 1975 on the common system of trade for ovalbumin and lactalbuminn (5), as last amended by Regulation (EC) No 2916/95, and in particular Article 4 (1) thereof,
Whereas Commission Regulation (EC) No 1600/95 (6), as last amended by Regulation (EC) No 694/96 (7), provides in Article 14 that, for the quarter running from 1 April to 30 June 1996, licence applications in the framework of non-country-specific tariff quotas can be lodged only within a 10-day period beginning on 15 May;
Whereas the agreements that are concluded by the Community in the framework of the Article XXIV (6) GATT negotiations (8), will result in a reduction of the quantities that may be imported under some of these quotas in the present quota year; whereas it is appropriate in order to avoid exceeding these quotas to postpone the date for submission of licence applications for the fourth quarter until such date as the quantities have been finally established; whereas it is therefore necessary to amend Article 14 of Regulation (EC) No 1600/95;
Whereas Commission Regulation (EC) No 1474/95 (9), as last amended by Regulation (EC) No 573/96 (10), provides in Article 5 that, for the quarter running from 1 April to 30 June 1996, applications for import licences shall be submitted only within a period of 10 days commencing on 15 May; whereas the considerations set out above should also lead to a postponement of this delay until such time as the quantities resulting from the Article XXIV (6) GATT negotiations have been finally established; whereas it is therefore necessary to amend Article 5 of Regulation (EC) No 1474/95;
Whereas the measures provided for in this Regulation are in accordance with the opinions of the Management Committee for Milk and Milk Products, and the Management Committee for Eggs and Poultrymeat,
HAS ADOPTED THIS REGULATION:
Article 1
1. The last sentence of Article 14 (1) of Regulation (EC) No 1600/95 is replaced by the following:
'However, for the quarter from 1 April to 30 June 1996, licence applications may only be submitted during the 10-day period starting on 27 May`.
2. The last sentence of Article 5 (1) of Regulation (EC) No 1474/95 is replaced by the following:
'However, for the quarter from 1 April to 30 June 1996, the licence applications may only be lodged during the 10-day period starting on 27 May.`
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, 14 May 1996. | [
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Council Regulation (EC) No 807/2003
of 14 April 2003
adapting to Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted in accordance with the consultation procedure (unanimity)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 93, 94, 269, 279 and 308 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),
After consulting the Court of Auditors concerning Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax(4),
Whereas:
(1) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5) has replaced Decision 87/373/EEC(6).
(2) In accordance with the Statement of the Council and of the Commission(7) on Decision 1999/468/EC, the provisions relating to committees which assist the Commission in the exercise of its implementing powers, provided for in application of Decision 87/373/EEC, should be adapted in order to bring align them with the provisions of Articles 3, 4 and 5 of Decision 1999/468/EC.
(3) The aforesaid Statement indicates the methods for adapting the committee procedures, which is automatic provided that this does not affect the nature of the committee provided for in the basic act.
(4) The time limits set in the provisions to be adapted must remain in force. Wherever there is no specific time limit laid down for adopting the implementing measures, the time limit should be set at three months.
(5) The provisions of the instruments providing for recourse to the type I committee procedure established by Decision 87/373/EEC must therefore be replaced by provisions referring to the advisory procedure laid down in Article 3 of Decision 1999/468/EC.
(6) The provisions of the instruments providing for recourse to type IIa and IIb committee procedures established by Decision 87/373/EEC must be replaced by provisions referring to the management procedure provided for in Article 4 of Decision 1999/468/EC.
(7) The provisions of the instruments providing for recourse to type IIIa and IIIb committee procedures established by Decision 87/373/EEC must be replaced by provisions referring to the regulatory procedure provided for in Article 5 of Decision 1999/468/EC.
(8) This Regulation aims purely at aligning committee procedures. The name of the committees relating to these procedures has, where appropriate, been amended,
HAS ADOPTED THIS REGULATION:
Article 1
With regard to the advisory procedure, the instruments listed in Annex I shall be adapted, in accordance with that Annex, to follow the corresponding provisions of Decision 1999/468/EC.
Article 2
With regard to the management procedure, the instruments listed in Annex II shall be adapted, in accordance with that Annex, to follow the corresponding provisions of Decision 1999/468/EC.
Article 3
With regard to the regulatory procedure, the instruments listed in Annex III shall be adapted, in accordance with that Annex, to follow the corresponding provisions of Decision 1999/468/EC.
Article 4
References to provisions of the instruments in Annexes I, II and III shall be construed as being made to these provisions as adapted by this Regulation.
References made, in this Regulation, to the former names of committees shall be construed as being made to the new names.
Article 5
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 14 April 2003. | [
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Commission Regulation (EC) No 1132/2001
of 8 June 2001
fixing the maximum export refund on wholly milled round grain, medium grain and long grain A rice in connection with the invitation to tender issued in Regulation (EC) No 2283/2000
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Regulation (EC) No 1667/2000(2), and in particular Article 13(3) thereof,
Whereas:
(1) An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 2283/2000(3).
(2) Article 5 of Commission Regulation (EEC) No 584/75(4), as last amended by Regulation (EC) No 299/95(5), allows the Commission to fix, in accordance with the procedure laid down in Article 22 of Regulation (EC) No 3072/95 and on the basis of the tenders submitted, a maximum export refund. In fixing this maximum, the criteria provided for in Article 13 of Regulation (EC) No 3072/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum export refund.
(3) The application of the abovementioned criteria to the current market situation for the rice in question results in the maximum export refund being fixed at the amount specified in Article 1.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The maximum export refund on wholly milled grain, medium grain and long grain A rice to be exported to certain third countries pursuant to the invitation to tender issued in Regulation (EC) No 2283/2000 is hereby fixed on the basis of the tenders submitted from 1 to 7 June 2001 at 198,00 EUR/t.
Article 2
This Regulation shall enter into force on 9 June 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 June 2001. | [
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*****
COMMISSION REGULATION (EEC) No 1213/87
of 30 April 1987
laying down precautionary measures in the fruit and vegetables sector, with respect to cauliflowers
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 5 and 155 thereof,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EEC) No 1351/86 (2),
Whereas, pursuant to Article 16 (1) of Regulation (EEC) No 1035/72, a basic price and a buying-in price must be fixed for each marketing year for each of the products listed in Annex II to the said Regulation; whereas the products in question, harvested in a given production year, are marketed, as regards cauliflowers, from May to April of the following year; whereas, in the particular case of cauliflowers, the Council has not yet adopted the basic price and the buying-in price applicable from 1 May 1987; whereas the Commission, in virtue of the powers conferred on it by the Treaty, must take the necessary precautionary measures to ensure that the common agricultural policy continues to operate in the fruit and vegetables sector in question; whereas these measures are adopted as a precaution and without prejudice to the Council's price decisions for 1987/88;
Whereas, under these precautionary measures, the continuity of the intervention arrangements provided for in Articles 15 and 19 of the abovementioned Regulation (EEC) No 1035/72 must be ensured; whereas, for those purposes, the amounts to be used in calculating the prices at which the abovementioned intervention operations take place should be fixed for May 1987; whereas the amounts to be used correspond to the basic and buying-in prices fixed for the 1986/87 marketing year but adapted to trimmed cauliflowers of quality grade I;
Whereas Spain during the first phase and Portugal during the first stage are authorized to maintain, in the fruit and vegetables sector, the rules in force under the previous national arrangements for the organization of their domestic agricultural markets, under the conditions laid down in Articles 133 to 135 and 262 to 265, respectively, of the Act of Accession; whereas, therefore, the amounts fixed in this Regulation are applicable only in the Community as constituted on 31 December 1985,
HAS ADOPTED THIS REGULATION:
Article 1
The intervention operations provided for in Articles 15 and 19 of Regulation (EEC) No 1035/72 shall be carried out, as regards cauliflowers, during May 1987 at prices determined on the basis of the following amounts:
- basic price: 30,96 ECU/100 kg net,
- buying-in price: 13,47 ECU/100 kg net.
These amounts refer to trimmed cauliflowers of quality grade I, packaged.
Article 2
This Regulation shall enter into force on 1 May 1987.
The provisions of this Regulation shall apply without prejudice to the decisions to be adopted by the Council in accordance with Article 16 (1) of Regulation (EEC) No 1035/72.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 April 1987. | [
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Commission Regulation (EC) No 1811/2003
of 15 October 2003
laying down detailed rules for applying Council Decision 2003/285/EC as regards the concessions in the form of Community tariff quotas on certain cereal products originating in the Republic of Hungary
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 2003/285/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 Hungary, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions(1), and in particular Article 3(2) thereof,
Whereas:
(1) In accordance with Decision 2003/285/EC, the Community has undertaken to establish for each marketing year import tariff quotas at a zero rate of duty for wheat and meslin, wheat or meslin flours, durum wheat groats and meal, common wheat groats and meal and wheat pellets, and maize (corn), maize (corn) seed, maize (corn) flour, maize groats and meal and maize pellets originating in the Republic of Hungary.
(2) To ensure that imports of the products covered by these tariff quotas are orderly and not speculative, they should be made subject to the issue of import licences. The licences should be issued, within the quantities set, at the request of the interested parties, subject, where appropriate, to the fixing of a reduction coefficient in respect of the quantities applied for.
(3) To ensure the proper management of these quotas, deadlines should be laid down for lodging licence applications and the information to be included in the applications and licences should be specified.
(4) To take account of delivery conditions, the import licences should be valid from the day of their issue until the end of the month following that in which they are issued.
(5) With a view to the sound management of the quotas, provision should be made to derogate from 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(2), as last amended by Regulation (EC) No 325/2003(3), as regards the transferable nature of the licences and the tolerance relating to the quantities released into free circulation.
(6) To ensure sound management of the quotas, the security on the import licences should be set at a relatively high level, as an exception to Article 12 of Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice(4).
(7) Rapid two-way communication is needed between the Commission and the Member States regarding the quantities applied for and imported.
(8) Since Council Regulation (EC) No 1408/2002 of 29 July 2002 establishing concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with Hungary(5), has been repealed by Decision 2003/285/EC, Commission Regulation (EC) No 1447/2002(6) laying down the detailed rules for implementing Regulation (EC) No 1408/2002 should also be repealed.
(9) Since the adjusting Protocol approved by Decision 2003/285/EC entered into force on 1 June 2003, the Regulation laying down the detailed rules for implementing that Decision must enter into force immediately.
(10) 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
1. Imports of wheat and meslin falling within CN code 1001, of wheat or meslin flours falling within CN code 1101, of groats and meal of durum wheat falling within CN code 1103 11 10, of common wheat groats and spelt falling within CN code 1103 11 90 and of wheat pellets falling within CN code 1103 20 60 as listed in Annex I originating in the Republic of Hungary and benefiting from a zero rate of import duty under the tariff quota bearing the serial number 09.4779, in accordance with Decision 2003/285/EC, shall be subject to an import licence issued in accordance with this Regulation.
2. Imports of maize (corn) seed falling within CN code 1005 10 90, of maize falling within CN code 1005 90 00, of maize (corn) flour falling within CN code 1102 20, of groats and meal of maize (corn) falling within CN code 1103 13 and of maize pellets falling within CN code 1103 20 40 as listed in Annex I originating in the Republic of Hungary and benefiting from a zero rate of import duty under the tariff quota bearing the serial number 09.4780, in accordance with Decision 2003/285/EC, shall be subject to an import licence issued in accordance with this Regulation.
3. The products referred to in paragraphs 1 and 2 shall be released into free circulation upon presentation of one of the following documents:
(a) an EUR.1 movement certificate issued by the competent authorities of the exporting country in accordance with Protocol 4 of the Europe Agreement concluded with that country;
(b) a declaration on the invoice provided by the exporter in accordance with that Protocol.
Article 2
1. Applications for import licences shall be lodged with the competent authorities of the Member States no later than 13.00 Brussels time on the second Monday of each month.
Each licence application shall be for a quantity not exceeding the quantity available for the import of the relevant product in the marketing year concerned.
2. No later than 18.00 Brussels time on the same day, the competent authorities of the Member States shall fax the Commission (fax No (32-2) 295 25 15), in accordance with the model in the Annex II, the total quantity resulting from the sum of the quantities indicated on the import licence applications.
That information shall be communicated separately from the information on other import licence applications for cereals.
3. If the total of the quantities for each product concerned since the start of the marketing year and the quantity referred to in paragraph 2 exceeds the quota for the marketing year concerned, the Commission shall set, no later than the third working day after the applications were lodged, a single reduction coefficient to be applied to the quantities requested.
4. Without prejudice to paragraph 3, licences shall be issued on the fifth working day following the day on which the application was lodged. No later than 18.00 Brussels time on the day the licences are issued, the competent authorities of the Member States shall fax the Commission the total quantity resulting from the sum of the quantities for which import licences were issued that same day.
Article 3
With a view to accounting for the quantities imported under the quotas referred to in Article 1(1) and (2), the Commission shall apply the equivalence coefficients listed in Annex III hereto. The quantity on each licence application for a given product shall be multiplied by the coefficient for the product in question.
Article 4
In accordance with Article 23(2) of Regulation (EC) No 1291/2000, the period of validity of the licence shall be calculated from the actual date of issue.
Import licences shall be valid until the end of the month following the month in which they were issued.
Article 5
The rights resulting from the import licences shall not be transferable.
Article 6
The quantity released into free circulation may not exceed that indicated in sections 17 and 18 of the import licence. The figure "0" shall be entered to that effect in section 19 of the licence.
Article 7
The import licence application and the import licence shall contain the following information:
(a) in box 8, the name of the country of origin;
(b) in box 20, one of the following:
- Reglamento (CE) n° 1811/2003
- Forordning (EF) nr. 1811/2003
- Verordnung (EG) Nr. 1811/2003
- Kανονισμός (EK) αριθ. 1811/2003
- Regulation (EC) No 1811/2003
- Règlement (CE) n° 1811/2003
- Regolamento (CE) n. 1811/2003
- Verordening (EG) nr. 1811/2003
- Regulamento (CE) n.o 1811/2003
- Asetus (EY) N:o 1811/2003
- Förordning (EG) nr 1811/2003
(c) in box 24, the words "zero duty".
Article 8
The security for the import licences provided for in this Regulation shall be EUR 30 per tonne.
Article 9
Regulation (EC) No 1447/2002 is hereby repealed.
Article 10
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 October 2003. | [
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Commission Regulation (EC) No 879/2003
of 21 May 2003
prohibiting fishing for cod by vessels flying the flag of the Netherlands
THE COMMISSION DES OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), as last amended by Regulation (EC) No 2846/98(2), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 2341/2002 of 20 December 2002 fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required(3), lays down quotas for cod for 2003.
(2) In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.
(3) According to the information received by the Commission, catches of cod in the waters of ICES divisions VIIb-k, VIII, IX, X CECAF 34.11 (EC waters) by vessels flying the flag of the Netherlands or registered in the Netherlands have exhausted the quota allocated for 2003. The Netherlands has prohibited fishing for this stock from 30 April 2003. This date should consequently be adopted in this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of cod in the waters of ICES divisions VIIb-k, VIII, IX, X CECAF 34.11 (EC waters) by vessels flying the flag of the Netherlands or registered in the Netherlands are hereby deemed to have exhausted the quota allocated to the Netherlands for 2003.
Fishing for cod in the waters of ICES divisions VIIb-k, VIII, IX, X CECAF 34.11 (EC waters) by vessels flying the flag of the Netherlands or registered in the Netherlands is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 30 April 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 May 2003. | [
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COMMISSION DECISION
of 27 October 2005
concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Croatia and repealing Decision 2005/749/EC
(notified under document number C(2005) 4286)
(Text with EEA relevance)
(2005/758/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), and in particular Article 18(1), (3) and (6) thereof,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (2), and in particular Article 22(1), (5) and (6) thereof,
Whereas:
(1)
Avian influenza is an infectious viral disease in poultry and birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal and public health and to reduce sharply the profitability of poultry farming. There is a risk that the disease agent might be introduced via international trade in live poultry and poultry products.
(2)
Croatia has notified to the Commission the isolation of an H5 avian influenza virus collected from a clinical case in a wild species. The clinical picture allows the suspicion of highly pathogenic avian influenza pending the determination of the neuraminidase (N) type and of the pathogenicity index.
(3)
The Commission therefore adopted Decision 2005/749/EC of 24 October 2005 concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Croatia (3).
(4)
In view of the animal health risk of disease introduction into the Community, it is therefore appropriate as an immediate measure to suspend imports of live poultry, ratites, farmed and wild feathered game birds, live birds other than poultry and hatching eggs of these species from Croatia. As Croatia is authorised for imports of game trophies and untreated feathers, imports into the Community of these products should be suspended as well because of the animal health risk involved.
(5)
Furthermore the importation into the Community from Croatia should be suspended for fresh meat of wild feathered game and importation of meat preparations and meat products consisting of or containing meat of those species.
(6)
Certain products derived from poultry slaughtered before 1 August 2005 should also continue to be authorised, taking into account the incubation period of the disease.
(7)
Commission Decision 2005/432/EC of 3 June 2005 laying down the animal and public health conditions and model certificates for imports of meat products for human consumption from third countries and repealing Decisions 97/41/EC, 97/221/EC and 97/222/EC (4) lays down the list of third countries from which Member States may authorise the importation of meat products and establishes treatment regimes considered effective in inactivating the respective pathogens. In order to prevent the risk of disease transmission via such products, appropriate treatment must be applied depending on the health status of the country of origin and the species the product is obtained from. It appears therefore appropriate, that imports of wild feathered game meat products originating in Croatia and treated to a temperature of at least 70 °C throughout the product should continue to be authorised.
(8)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
1. Member States shall suspend the importation from the territory of Croatia of:
-
live poultry, ratites, farmed and wild feathered game, live birds other than poultry as defined in Article 1, third indent, of Decision 2000/666/EC, including birds accompanying their owners (pet birds), and hatching eggs of these species,
-
fresh meat of wild feathered game,
-
meat preparations and meat products consisting of or containing meat of wild feathered game,
-
raw pet food and unprocessed feed material containing any parts of wild feathered game,
-
non-treated game trophies from any birds, and
-
unprocessed feathers and parts of feathers.
2. By way of derogation from paragraph 1, Member States shall authorise the importation of the products covered by paragraph 1 second to fourth indent, which have been obtained from birds slaughtered before 1 August 2005.
3. In the veterinary certificates/commercial documents accompanying consignments of the products referred to in paragraph 2 the following words as appropriate to the species shall be included:
‘Fresh poultry meat/fresh ratite meat/fresh meat of wild feathered game/fresh meat of farmed feathered game/meat product consisting of, or containing meat of poultry, ratites, farmed or wild feathered game meat/meat preparation consisting of, or containing meat of poultry, ratites, farmed or wild feathered game meat/raw pet food and unprocessed feed material containing any parts of poultry, ratites, farmed or wild feathered game (5) obtained from birds slaughtered before 1 August 2005 and in accordance with Article 1(2) of Commission Decision 2005/758/EC.
4. By derogation from paragraph 1, Member States shall authorise the importation of meat products consisting of or containing meat of wild feathered game under the condition that the meat of these species has undergone at least one of the specific treatments referred to under points B, C or D in Part IV of Annex II to Decision 2005/432/EC.
Article 2
Member States shall ensure that for the importation of processed feathers or parts of feathers, a commercial document stating that the processed feathers or parts thereof have been treated with a steam current or by some other method ensuring that no pathogens are transmitted accompany the consignment.
However, that commercial document shall not be required for processed decorative feathers, processed feathers carried by travellers for their private use or consignments of processed feathers sent to private individuals for non-industrial purpose.
Article 3
Member States shall immediately take the necessary measures to comply with this Decision and publish those measures. They shall immediately inform the Commission thereof.
Article 4
Decision 2005/749/EC is repealed.
Article 5
This Decision shall apply until 30 April 2006.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 27 October 2005 | [
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Commission Regulation (EC) No 465/2003
of 13 March 2003
amending representative prices and additional duties for the import of certain products in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 680/2002(2),
Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses(3), as last amended by Regulation (EC) No 624/98(4), and in particular the second subparagraph of Article 1(2), and Article 3(1) thereof,
Whereas:
(1) The amounts of the representative prices and additional duties applicable to the import of white sugar, raw sugar and certain syrups are fixed by Commission Regulation (EC) No 1153/2002(5), as last amended by Regulation (EC) No 412/2003(6).
(2) It follows from applying the general and detailed fixing rules contained in Regulation (EC) No 1423/95 to the information known to the Commission that the representative prices and additional duties at present in force should be altered to the amounts set out in the Annex hereto,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95 shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 14 March 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL DIRECTIVE 96/97/EC of 20 December 1996 amending Directive 86/378/EEC on the implementation of the principle of equal treatment for men and women in occupational social security schemes
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European 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 Article 119 of the Treaty provides that each Member State shall ensure the application of the principle that men and women should receive equal pay for equal work; whereas 'pay` should be taken to mean the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives, directly or indirectly, from his employer in respect of his employment;
Whereas, in its judgement of 17 May 1990, in Case 262/88: Barber v. Guardian Royal Exchange Assurance Group (4), the Court of Justice of the European Communities acknowledges that all forms of occupational pension constitute an element of pay within the meaning of Article 119 of the Treaty;
Whereas, in the abovementioned judgment, as clarified by the judgment of 14 December 1993 (Case C-110/91: Moroni v. Collo GmbH) (5), the Court interprets Article 119 of the Treaty in such a way that discrimination between men and women in occupational social security schemes is prohibited in general and not only in respect of establishing the age of entitlement to a pension or when an occupational pension is offered by way of compensation for compulsory retirement on economic grounds;
Whereas, in accordance with Protocol 2 concerning Article 119 of the Treaty annexed to the Treaty establishing the European Community, benefits under occupational social security schemes shall not be considered as remuneration if and in so far as they are attributable to periods of employment prior to 17 May 1990, except in the case of workers or those claiming under them who have, before that date, initiated legal proceedings or raised an equivalent claim under the applicable national law;
Whereas, in its judgments of 28 September 1994 (6) (Case C-57/93: Vroege v. NCIV Instituut voor Volkshuisvesting BV and Case C-128/93: Fisscher v. Voorhuis Hengelo BV), the Court ruled that the abovementioned Protocol did not affect the right to join an occupational pension scheme, which continues to be governed by the judgment of 13 May 1986 in Case 170/84: Bilka-Kaufhaus GmbH v. Hartz (7), and that the limitation of the effects in time of the judgment of 17 May 1990 in Case C-262/88: Barber v. Guardian Royal Exchange Assurance Group does not apply to the right to join an occupational pension scheme; whereas the Court also ruled that the national rules relating to time limits for bringing actions under national law may be relied on against workers who assert their right to join an occupational pension scheme, provided that they are not less favourable for that type of action than for similar actions of a domestic nature and that they do not render the exercise of rights conferred by Community law impossible in practice; whereas the Court has also pointed out that the fact that a worker can claim retroactively to join an occupational pension scheme does not allow the worker to avoid paying the contributions relating to the period of membership concerned;
Whereas the exclusion of workers on the grounds of the nature of their work contracts from access to a company or sectorial social security scheme may constitute indirect discrimination against women;
Whereas, in its judgment of 9 November 1993 (Case C-132/92: Birds Eye Walls Ltd v. Friedel M. Roberts) (8), the Court has also specified that it is not contrary to Article 119 of the Treaty, when calculating the amount of a bridging pension which is paid by an employer to male and female employees who have taken early retirement on grounds of ill health and which is intended to compensate, in particular, for loss of income resulting from the fact that they have not yet reached the age required for payment of the State pension which they will subsequently receive and to reduce the amount of the bridging pension accordingly, even though, in the case of men and women aged between 60 and 65, the result is that a female ex-employee receives a smaller bridging pension than that paid to her male counterpart, the difference being equal to the amount of the State pension to which she is entitled as from the age of 60 in respect of the periods of service completed with that employer;
Whereas, in its judgment of 6 October 1993 (Case C-109/91: Ten Oever v. Stichting Bedrijfpensioenfonds voor het Glazenwassers- en Schoonmaakbedrijf) (9) and in its judgments of 14 December 1993 (Case C-110/91: Moroni v. Collo GmbH), 22 December 1993 (Case C-152/91: Neath v. Hugh Steeper Ltd) (10) and 28 September 1994 (Case C-200/91: Coloroll Pension Trustees Limited v. Russell and Others) (11), the Court confirms that, by virtue of the judgment of 17 May 1990 (Case C-262/88: Barber v. Guardian Royal Exchange Assurance Group), the direct effect of Article 119 of the Treaty may be relied on, for the purpose of claiming equal treatment in the matter of occupational pensions, only in relation to benefits payable in respect of periods of service subsequent to 17 May 1990, except in the case of workers or those claiming under them who have, before that date, initiated legal proceedings or raised an equivalent claim under the applicable national law;
Whereas, in its abovementioned judgments (Case C-109/91: Ten Oever v. Stichting Bedrijfpensioenfonds voor het Glazenwassers- en Schoonmaakbedrijf and Case C-200/91: Coloroll Pension Trustees Limited v. Russell and Others), the Court confirms that the limitation of the effects in time of the Barber judgment applies to survivors' pensions and, consequently, equal treatment in this matter may be claimed only in relation to periods of service subsequent to 17 May 1990, except in the case of those who have, before that date, initiated legal proceedings or raised an equivalent claim under the applicable national law;
Whereas, moreover, in its judgments in Case C-152/91 and Case C-200/91, the Court specifies that the contributions of male and female workers to a defined-benefit pension scheme must be the same, since they are covered by Article 119 of the Treaty, whereas inequality of employers' contributions paid under funded defined-benefit schemes, which is due to the use of actuarial factors differing according to sex, is not to be assessed in the light of that same provision;
Whereas, in its judgments of 28 September 1994 (12) (Case C-408/92: Smith v. Advel Systems and Case C-28/93: Van den Akker v. Stichting Shell Pensioenfonds), the Court points out that Article 119 of the Treaty precludes an employer who adopts measures necessary to comply with the Barber judgment of 17 May 1990 (C-262/88) from raising the retirement age for women to that which exists for men in relation to periods of service completed between 17 May 1990 and the date on which those measures come into force; on the other hand, as regards periods of service completed after the latter date, Article 119 does not prevent an employer from taking that step; as regards periods of service prior to 17 May 1990, Community law imposed no obligation which would justify retroactive reduction of the advantages which women enjoyed;
Whereas, in its abovementioned judgment in Case C-200/91: Coloroll Pension Trustees Limited v. Russell and Others), the Court ruled that additional benefits stemming from contributions paid by employees on a purely voluntary basis are not covered by Article 119 of the Treaty;
Whereas, among the measures included in its third medium-term action programme on equal opportunities for women and men (1991 to 1995) (13), the Commission emphasizes once more the adoption of suitable measures to take account of the consequences of the judgment of 17 May 1990 in Case 262/88 (Barber v. Guardian Royal Exchange Assurance Group);
Whereas that judgment automatically invalidates certain provisions of Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes (14) in respect of paid workers;
Whereas Article 119 of the Treaty is directly applicable and can be invoked before the national courts against any employer, whether a private person or a legal person, and whereas it is for these courts to safeguard the rights which that provision confers on individuals;
Whereas, on grounds of legal certainty, it is necessary to amend Directive 86/378/EEC in order to adapt the provisions which are affected by the Barber case-law,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 86/378/EEG shall be amended as follows:
1. Article 2 shall be replaced by the following:
'Article 2
1. "Occupational social security schemes" means schemes not governed by Directive 79/7/EEC whose purpose is to provide workers, whether employees or self-employed, in an undertaking or group of undertakings, area of economic activity, occupational sector or group of sectors with benefits intended to supplement the benefits provided by statutory social security schemes or to replace them, whether membership of such schemes is compulsory or optional.
2. This Directive does not apply to:
(a) individual contracts for self-employed workers;
(b) schemes for self-employed workers having only one member;
(c) insurance contracts to which the employer is not a party, in the case of salaried workers;
(d) optional provisions of occupational schemes offered to participants individually to guarantee them:
- either additional benefits, or
- a choice of date on which the normal benefits for self-employed workers will start, or a choice between several benefits;
(e) occupational schemes in so far as benefits are financed by contributions paid by workers on a voluntary basis.
3. This Directive does not preclude an employer granting to persons who have already reached the retirement age for the purposes of granting a pension by virtue of an occupational scheme, but who have not yet reached the retirement age for the purposes of granting a statutory retirement pension, a pension supplement, the aim of which is to make equal or more nearly equal the overall amount of benefit paid to these persons in relation to the amount paid to persons of the other sex in the same situation who have already reached the statutory retirement age, until the persons benefiting from the supplement reach the statutory retirement age.`
2. Article 3 shall be replaced by the following:
'Article 3
This Directive shall apply to members of the working population, including self-employed persons, persons whose activity is interrupted by illness, maternity, accident or involuntary unemployment and persons seeking employment, to retired and disabled workers and to those claiming under them, in accordance with national law and/or practice.`
3. Article 6 shall be replaced by the following:
'Article 6
1. Provisions contrary to the principle of equal treatment shall include those based on sex, either directly or indirectly, in particular by reference to marital or family status, for:
(a) determining the persons who may participate in an occupational scheme;
(b) fixing the compulsory or optional nature of participation in an occupational scheme;
(c) laying down different rules as regards the age of entry into the scheme or the minimum period of employment or membership of the scheme required to obtain the benefits thereof;
(d) laying down different rules, except as provided for in points (h) and (i), for the reimbursement of contributions when a worker leaves a scheme without having fulfilled the conditions guaranteeing a deferred right to long-term benefits;
(e) setting different conditions for the granting of benefits or restricting such benefits to workers of one or other of the sexes;
(f) fixing different retirement ages;
(g) suspending the retention or acquisition of rights during periods of maternity leave or leave for family reasons which are granted by law or agreement and are paid by the employer;
(h) setting different levels of benefit, except in so far as may be necessary to take account of actuarial calculation factors which differ according to sex in the case of defined-contribution schemes.
In the case of funded defined-benefit schemes, certain elements (examples of which are annexed) may be unequal where the inequality of the amounts results from the effects of the use of actuarial factors differing according to sex at the time when the scheme's funding is implemented;
(i) setting different levels for workers' contributions;
setting different levels for employers' contributions, except:
- in the case of defined-contribution schemes if the aim is to equalize the amount of the final benefits or to make them more nearly equal for both sexes,
- in the case of funded defined-benefit schemes where the employer's contributions are intended to ensure the adequacy of the funds necessary to cover the cost of the benefits defined,
(j) laying down different standards or standards applicable only to workers of a specified sex, except as provided for in points (h) and (i), as regards the guarantee or retention of entitlement to deferred benefits when a worker leaves a scheme.
2. Where the granting of benefits within the scope of this Directive is left to the discretion of the scheme's management bodies, the latter must comply with the principle of equal treatment.`
4. Article 8 shall be replaced by the following:
'Article 8
1. Member States shall take the necessary steps to ensure that the provisions of occupational schemes for self-employed workers contrary to the principle of equal treatment are revised with effect from 1 January 1993 at the latest.
2. This Directive shall not preclude rights and obligations relating to a period of membership of an occupational scheme for self-employed workers prior to revision of that scheme from remaining subject to the provisions of the scheme in force during that period.`
5. Article 9 shall be replaced by the following:
'Article 9
As regards schemes for self-employed workers, Member States may defer compulsory application of the principle of equal treatment with regard to:
(a) determination of pensionable age for the granting of old-age or retirement pensions, and the possible implications for other benefits:
- either until the date on which such equality is achieved in statutory schemes,
- or, at the latest, until such equality is prescribed by a directive;
(b) survivors' pensions until Community law establishes the principle of equal treatment in statutory social security schemes in that regard;
(c) the application of the first subparagraph of point (i) of Article 6 (1) to take account of the different actuarial calculation factors, at the latest until 1 January 1999.`
6. The following Article shall be inserted:
'Article 9a
Where men and women may claim a flexible pensionable age under the same conditions, this shall not be deemed to be incompatible with this Directive.`
7. The following Annex shall be added:
'ANNEX
Examples of elements which may be unequal, in respect of funded defined-benefit schemes, as referred to in Article 6 (h):
- conversion into a capital sum of part of a periodic pension,
- transfer of pension rights,
- a reversionary pension payable to a dependant in return for the surrender of part of a pension,
- a reduced pension where the worker opts to take early retirement.`
Article 2
1. Any measure implementing this Directive, as regards paid workers, must cover all benefits derived from periods of employment subsequent to 17 May 1990 and shall apply retroactively to that date, without prejudice to workers or those claiming under them who have, before that date, initiated legal proceedings or raised an equivalent claim under national law. In that event, the implementation measures must apply retroactively to 8 April 1976 and must cover all the benefits derived from periods of employment after that date. For Member States which acceded to the Community after 8 April 1976, that date shall be replaced by the date on which Article 119 of the Treaty became applicable on their territory.
2. The second sentence of paragraph 1 shall not prevent national rules relating to time limits for bringing actions under national law from being relied on against workers or those claiming under them who initiated legal proceedings or raise an equivalent claim under national law before 17 May 1990, provided that they are not less favourable for that type of action than for similar actions of a domestic nature and that they do not render the exercise of Community law impossible in practice.
3. For Member States whose accession took place after 17 May 1990 and who were on 1 January 1994 Contracting Parties to the Agreement on the European Economic Area, the date of 17 May 1990 in paragraph 1 and 2 of this Directive is replaced by 1 January 1994.
Article 3
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 July 1997. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission, at the latest two years after the entry into force of this Directive, all information necessary to enable the Commission to draw up a report on the application of this Directive.
Article 4
This Directive shall enter into force on the 20 day following that of its publication in the Official Journal of the European Communities.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 20 December 1996. | [
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*****
COMMISSION DECISION
of 25 October 1984
on applications for assistance from the European Communities concerning exceptional financial support for Greece in the social field, submitted by the Hellenic Republic (1984)
(Only the Greek text is authentic)
(84/540/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 815/84 of 26 March 1984 on exceptional financial support in favour of Greece in the social field (1),
Having regard to the positive opinion of the committee set up under Article 10 of that Regulation,
Whereas the Hellenic Republic has communicated to the Commission, in accordance with Article 3 (1) of the abovementioned Regulation, the programme referred to in Article 1 (b) thereof;
Whereas the Hellenic Republic has submitted to the Commission, in accordance with Article 6 (1) of the abovementioned Regulation, applications for financial support for the financial year 1984;
Whereas all the necessary conditions for the grant of aid are fulfilled;
Whereas particulars of the individual projects to which this Decision applies are contained in the Appendix,
HAS ADOPTED THIS DECISION:
Article 1
The amount of aid agreed for each project is indicated in the Appendix.
Article 2
This Decision is addressed to the Hellenic Republic.
Done at Brussels, 25 October 1984. | [
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COMMISSION REGULATION (EC) No 854/97 of 13 May 1997 amending Regulation (EEC) No 3886/92 laying down detailed rules for the application of the premium schemes provided for in the beef and veal sector as regards the processing premium for young calves
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Regulation (EC) No 2222/96 (2), and in particular Article 4i (5) thereof,
Whereas Article 49 (4) of Commission Regulation (EEC) No 3886/92 of 23 December 1992 laying down detailed rules for the application of the premium schemes provided for in Council Regulation (EEC) No 805/68 on the common organization of the market in beef and veal and repealing Regulations (EEC) No 1244/82 and (EEC) No 714/89 (3), as last amended by Regulation (EC) No 616/97 (4), fixes the amount of the processing premium; whereas, in order to determine that amount, account must be taken of differences in market prices actually recorded; whereas, given current prices, that premium should be adjusted; whereas Regulation (EEC) No 3886/92 should be amended to that end;
Whereas, however, such an adjustment may need to be revised to enable a sufficient number of calves to be withdrawn in line with market requirements;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
Article 49 (4) of Regulation (EC) No 3886/92 is hereby replaced by the following:
'4. The premium per eligible calf shall amount to:
- ECU 115 per calf of a dairy breed,
and
- ECU 145 per calf of a non-dairy breed.`
Article 2
This Regulation shall enter into force on the first Monday 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 1648/1999
of 27 July 1999
derogating from Regulation (EEC) No 1589/87 on the sale by tender of butter to intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organisation of the market in milk and milk products(1), as last amended by Regulation (EC) No 1587/96(2), and in particular the first subparagraph of Article 7a(1) and Article 7a(3) thereof,
(1) Whereas Commission Regulation (EEC) No 1589/87(3), as last amended by Regulation (EC) No 124/1999(4), establishes the rules for the sale by tender of butter to intervention agencies; whereas Article 3(1) of that Regulation stipulates that tenderers may take part in the invitation to tenders only in respect of butter manufactured in the 21 days preceding the final date for the submission of tenders;
(2) Whereas, in view of the fact that a single invitation to tender takes place at the end of August, and that therefore a period of 28 days separates that invitation to tender from the final invitation to tender in July, the period of 21 days is too short to give access to intervention to all the butter manufactured in the period between the two invitations to tender; whereas therefore there should be a temporary extension to 28 days of the period during which butter may be manufactured and offered for intervention;
(3) 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
By derogation from Article 3(1) of Regulation (EEC) No 1589/87 and in respect of the invitation to tender for which the time limit for the submission of tenders expires on the fourth Tuesday of August 1999, the manufacturing period referred to in the above paragraph shall be 28 days.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COMMISSION REGULATION (EEC) No 1400/83
of 1 June 1983
amending for the 16th time Regulation (EEC) No 2730/81 establishing a list of agencies in non-member importing countries entitled to issue invitations to tender in the milk and milk products sector
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 1183/82 (2), and in particular Articles 13 (3) and 17 (4) thereof,
Whereas Commission Regulation (EEC) No 2730/81 (3), as last amended by Regulation (EEC) No 1149/83 (4), established a list of agencies in non-member importing countries entitled to issue invitations to tender in the milk and milk products sector;
Whereas, in the light of the most recent information available to the Commission on the trade practices followed by the importing countries concerned and the official nature of the agencies in question, this Regulation should be amended;
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
The Annex to Regulation (EEC) No 2730/81 is amended as follows:
The list of issuing organizations should be completed by addition of the following organizations, insertion being made in the alphabetical order of the importing country:
1.2 // Importing country // Issuing organization // Iran // République Islamique de l'Iran Ministère de l'Agriculture Société des Industries du lait de l'Iran Iran Milk Industry Avenue Dr Ali Shariati N 737 Teheran // Sri Lanka // Lanka Milk Foods (CWE) Ltd Welisara Ragama
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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REGULATION (EEC) No 2113/75 OF THE COMMISSION of 12 August 1975 amending Regulation No 470/67/EEC as regards the varieties of paddy rice to be taken over by intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES;
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 359/67/EEC (1) of 25 July 1967 on the common organization of the market in rice, as last amended by Regulation (EEC) No 668/75 (2), and in particular Article 5 (5) thereof;
Whereas it has become apparent that certain varieties of rice which are listed in the Annexes to Commission Regulation No 470/67/EEC (3) of 21 August 1967 on the taking over of paddy rice by intervention agencies, and fixing the corrective amounts, price increases and reductions applied by them, as last amended by Regulation (EEC) No 1721/73 (4), now represent only a negligible proportion of the Community crop ; whereas it is no longer necessary that such varieties should continue to figure in the lists of varieties;
Whereas experience in recent marketing years has shown that the quality and yield of certain varieties have improved, while a falling-off in the characteristics and quality of other varieties has been noted;
Whereas new varieties of rice which do not appear in the lists of Community varieties given in Regulation No 470/67/EEC are now being produced in the Community ; whereas those varieties should therefore be added thereto, taking into consideration the basic yields currently being obtained and any real difference in quality as compared with the varieties at present listed in that Regulation;
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 table given in Annex I to Regulation No 470/67/EEC is replaced by the following table:
ANNEX I
Corrective amounts
PIC FILE= "T (1)OJ No 174, 31.7.1967, p. 1. (2)OJ No L 72, 20.3.1975, p. 18. (3)OJ No 204, 24.8.1967, p. 8. (4)OJ No L 175, 29.6.1973, p. 32.
Article 2
The second table in Annex III to Regulation No 470/67/EEC is replaced by the following table:
ANNEX II Basic yield after processing
PIC FILE= "T
Article 3
This Regulation shall enter into force on 1 September 1975.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL DECISION of 25 June 1996 authorizing the Federal Republic of Germany to conclude an agreement with the Republic of Poland containing measures derogating from Articles 2 and 3 of Council Directive 77/388/EEC on the harmonization of the laws of the Member States relating to turnover taxes (96/402/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Sixth Council Directive (77/388/EEC) of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - common system of value added tax: uniform basis of assessment (1), and in particular Article 30 thereof,
Having regard to the proposal from the Commission,
Whereas, under Article 30 of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorize any Member State to conclude with a non-member country or an international organization an agreement which may contain derogations from the said Directive;
Whereas, by registered letter to the General Secretariat of the Commission dated 21 September 1995, the German Government requested authorization to conclude an agreement with Poland on the extension of the German motorway A 15 to the east and the Polish motorway A 12 to the west and on the construction of one section and the reconstruction of another section of a frontier bridge across the Neisse in the Forst/Erlenholz area and containing derogations from Articles 2 and 3 of the said Directive as far as the work relating to the frontier bridge in question is concerned;
Whereas the other Member States were informed on 20 October 1995 of the German request;
Whereas, in the absence of derogations, the construction and reconstruction work carried out on German territory would be subject to value added tax in Germany while that carried out on Polish territory would be outside the scope of the said Directive and whereas, in addition, each importation from Poland into Germany of goods used for the construction and the reconstruction of the frontier bridge would be subject to value added tax in Germany;
Whereas the purpose of these derogations is to simplify the rules of taxation for the contractors carrying out the abovementioned work;
Whereas the derogations will have only a negligible effect on the own resources of the European Communities accruing from value added tax,
HAS ADOPTED THIS DECISION:
Article 1
The Federal Republic of Germany is authorized to conclude an agreement with the Republic of Poland relating to the extension of the German motorway A 15 and the Polish motorway A 12 and to the construction of a section and the reconstruction of another section of a frontier bridge across the Neisse in the Forst/Erlenholz area and containing derogations from Directive 77/388/EEC. These derogations are defined in Articles 2 and 3 of this Decision.
Article 2
By way of derogation from Article 3 of Directive 77/388/EEC, that part of the territory of the Federal Republic of Germany in the region of Forst, in which work to construct a section and reconstruct another section of a frontier bridge across the Neisse linking German motorway A 15 and Polish motorway A 12 is carried out, is deemed to be part of the territory of the Republic of Poland for the purposes of supplies of goods and services intended for use in the construction and the reconstruction of that bridge.
Article 3
By way of derogation from Article 2 (2) of Directive 77/388/EEC, the importation of goods into Germany from Poland shall not be subject to value added tax insofar as those goods are used for the construction of a section and the reconstruction of another section of a frontier bridge across the Neisse in the Forst/Erlenholz area linking German motorway A 15 and Polish motorway A 12. However, this derogation shall not apply to importations of goods effected by a public authority.
Article 4
This Decision is addressed to the Federal Republic of Germany.
Done at Luxembourg, 25 June 1996. | [
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Commission Regulation (EC) No 907/2002
of 30 May 2002
amending Regulation (EC) No 416/2002 adopting exceptional support measures for the pigmeat market in Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organisation of the market in pigmeat(1), as last amended by Regulation (EC) No 1365/2000(2), and in particular Article 20 thereof,
Whereas:
(1) In response to the outbreak of classical swine fever in certain production regions in Spain, Commission Regulation (EC) No 416/2002(3), as last amended by Regulation (EC) No 737/2002(4), adopted exceptional support measures for the pigmeat market in Spain.
(2) Following the appearance of new cases of classical swine fever in Spain, the Spanish authorities established new protection and surveillance zones on 7 May 2002. The list of eligible zones given in Annex II to the Regulation concerned should therefore be updated in the light of the current veterinary situation from 14 May 2002.
(3) 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
Annex II to Regulation (EC) No 416/2002 is 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.
It shall apply from 14 May 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Directive 2000/7/EC of the European Parliament and of the Council
of 20 March 2000
on speedometers for two- or three-wheel motor vehicles and amending Council Directive 92/61/EEC on the type-approval of two- or three-wheel motor vehicles
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),
Whereas:
(1) Road safety is a fundamental Community objective which requires speed to be monitored and checked by means of a speedometer, with a view to raising awareness, particularly among young people, of the need for proper road use.
(2) The technical legislation on road safety should be adopted in a cohesive fashion, in the form of "packages" of directives, so as to raise public awareness of the European Union's contribution to enhancing road safety.
(3) In every Member State, two- or three-wheel motor vehicles must, as regards speedometers, display certain technical characteristics laid down as compulsory requirements that vary from Member State to Member State; such variation constitutes an obstacle to intra-Community trade.
(4) Such obstacles to the functioning of the internal market can be eliminated by the adoption of the same requirements by all the Member States in lieu of their existing rules and regulations.
(5) This Directive is to be added to the separate Directives that must be complied with under Article 4 of Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor vehicles(4).
(6) The introduction of harmonised requirements for speedometers in two- or three-wheel motor vehicles is necessary in order to permit implementation, for each type of those vehicles, of the type-approval and approval procedures laid down by Directive 92/61/EEC.
(7) In accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objective of the action envisaged, namely Community type-approval by type of vehicle, cannot be sufficiently achieved by the Member States and can therefore, in view of the scale and the impact of the action proposed, be better achieved at the Community level. This Directive limits itself to the minimum required for the attainment of that objective and does not go beyond what is necessary for that purpose.
(8) To facilitate access to the markets of non-member countries, it is clearly necessary to establish equivalence between the requirements of this Directive and those of Regulation No 39 of the Economic Commission for Europe of the United Nations (hereinafter referred to as "UN-ECE Regulation No 39").
(9) The Member States of the European Union must negotiate as soon as possible an amendment to UN-ECE Regulation No 39 to align it with the provisions of this Directive.
(10) Directive 92/61/EEC should therefore be amended accordingly,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive shall apply to the speedometer of each type of vehicles described in Article 1 of Directive 92/61/EEC.
2. Any vehicle falling within the scope of Directive 92/61/EEC shall be fitted with a speedometer complying with the Annex to this Directive.
Article 2
The procedures for the granting of component type-approval in respect of the speedometer of a type of two- or three-wheel motor vehicle and the conditions governing the free movement of such vehicles shall be as laid down in, respectively, Chapters II and III of Directive 92/61/EEC.
Article 3
In accordance with Article 11 of Directive 92/61/EEC, the equivalence between the requirements laid down in this Directive and those laid down in UN-ECE Regulation No 39, in the latest version adopted by the Community, is hereby acknowledged.
The authorities of the Member States which grant type-approval shall accept approvals, and type-approval marks, granted in accordance with the requirements of the said Regulation No 39 within the scope of that Regulation, in place of the corresponding approvals and type-approval marks granted in accordance with the requirements of this Directive.
Article 4
The amendments that are essential in order to take account of the amendments to UN-ECE Regulation No 39 and to adapt the Annex to technical progress shall be adopted in accordance with the procedure referred to in Article 13 of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(5).
Article 5
Directive 92/61/EEC is amended as follows:
1. In Annex I, heading No 45, "Speedometer and odometer for motorcycles, motor tricycles and quadricycles" shall be replaced by "Speedometer" and the term "CONF" by "SD".
2. Annex IIA is amended as follows:
(a) item 4.7. "Speedometer and odometer: yes/no (1)" shall be replaced by "Speedometer";
(b) the following items shall be inserted:
"4.7.3. Photos and/or drawings of the complete system
4.7.4. Range of speeds displayed
4.7.5. Tolerance of the speedometer's measuring mechanism
4.7.6. Technical constant of the speedometer
4.7.7. Modus operandi and description of the drive mechanism
4.7.8. Overall transmission ratio of the drive mechanism".
3. In Annex IIIB, heading No 10.12, "Speedometer and odometer for motorcycles, motor tricycles and quadricycles" shall be replaced by "Speedometer" and the term "CONF" by "SD".
Article 6
1. Member States shall bring into force the laws, regulations and administrative provisions needed in order to comply with this Directive before 1 January 2001. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they 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.
2. The Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the area covered by this Directive.
3. With effect from 1 January 2001, Member States may no longer prohibit, on grounds relating to the speedometers, the first bringing into service of vehicles that meet the requirements of this Directive.
4. Member States shall apply the requirements set out in the first subparagraph of paragraph 1 as from 1 July 2001, except for mopeds, to which these requirements shall be applicable from 1 July 2002.
Article 7
This Directive shall take effect on the day of its publication in the Official Journal of the European Communities.
Article 8
This Directive is addressed to the Member States.
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*****
COMMISSION DECISION
of 11 May 1984
approving an amendment to the programme for olive derivates and oil seeds in Greece, pursuant to Council Regulation (EEC) No 355/77
(Only the Greek text is authentic)
(84/300/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 355/77 of 15 February 1977 on common measures to improve the conditions under which agricultural products are processed and marketed (1), as last amended by Regulation (EEC) No 3164/82 (2), and in particular Article 5 thereof,
Whereas on 25 October 1983 the Greek Government forwarded an amendment to the programme for olive derivates and oil seeds, approved by the Commission Decision of 24 June 1981;
Whereas this amendment involves an updating of this programme, in particular as regards its adaptation to the new requirements and its extension until 1987; whereas it is consistent with the requirements and objectives of Regulation (EEC) No 355/77;
Whereas this amended programme can be approved only for applications within the meaning of Article 24 (4) of Regulation (EEC) No 355/77;
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
1. The amendment to the programme for olive derivates and oil seeds, pursuant to Regulation (EEC) No 355/77, communicated by the Greek Government on 25 October 1983 is hereby approved.
2. The approval of the amended programme shall apply only to projects submitted before 1 May 1984.
Article 2
This Decision is addressed to the Hellenic Republic.
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COMMISSION REGULATION (EEC) No 2269/92 of 3 August 1992 re-establishing the levying of customs duties on products of category 28 (order No 40.0280), originating in Pakistan, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3832/90 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3832/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of textile products originating in developing countries (1), extended into 1992 by Council Regulation (EEC) No 3387/91 (2), and in particular Article 12 thereof,
Whereas Article 10 of Regulation (EEC) No 3832/91 provides that preferential tariff treatment shall be accorded for each category of products in Annexes I and II thereto individual ceilings, within the limits of the quantities specified in column 8 of Annex I and column 7 of Annex II, in respect of certain or each of the countries or territories of origin referred to in column 5 of the same Annexes;
Whereas Article 11 of the abovementioned Regulation provides that the levying of customs duties may be re-establish at any time in respect of imports of the products in question once the relevant individual ceilings have been reached at Community level;
Whereas, in respect of products of category 28 (order No 40.0280), originating in Pakistan, the relevant ceiling amounts to 109 000 pieces;
Whereas on 10 January 1992 imports of the products in question into the Community, originating in Pakistan, a country covered by preferential tariff arrangements, reached and were charged against that ceiling;
Whereas it is appropriate to re-establish the levying of customs duties for the products in question with regard to Pakistan,
HAS ADOPTED THIS REGULATION:
Article 1
As from 8 August 1992 the levying of customs duties, suspended pursuant to Regulation (EEC) No 3832/90, shall be re-established in respect of the following products, imported into the Community and originating in Pakistan:
Order No Category
(unit) CN code Description 40.0280 28 (1 000 pieces) 6103 41 10
6103 41 90
6103 42 10
6103 42 90
6103 43 10
6103 43 90
6103 49 10
6103 49 91
6104 61 10
6104 61 90
6104 62 10
6104 62 90
6104 63 10
6104 63 90
6104 69 10
6104 69 91 Trousers, bib and brace overalls, breeches and shorts (other than swimwear) knitted or crocheted, of wool, of cotton or man-made fibres
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 DECISION of 17 December 1996 establishing health conditions and public health certification for the importation of minced meat and meat preparations from third countries (Text with EEA relevance) (97/29/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 94/65/EC of 14 December 1994 laying down the requirements for the production and placing on the market of minced meat and meat preparations (1), and in particular Article 13 thereof,
Whereas specific conditions relating to the requirements of Directive 94/65/EC must be established for the importation into the Community of minced meat and meat preparations; whereas these conditions may not be less stringent than those laid down in Articles 3 and 5 of that Directive;
Whereas a form of public health certificate must be established, supplemented by a declaration signed by the official veterinarian to the effect that the minced meat and meat preparations fulfil respectively the requirements laid down in Articles 3 and 5 of Directive 94/65/EC, come from establishments offering the guarantees provided for in Annex I of that Directive, and have been deep-frozen at the production plant of origin;
Whereas, in addition, where it is possible to recognise conditions offering equivalent guarantees, a third country may submit a proposal for such recognition to the Commission for appropriate consideration;
Whereas the conditions and certificate established by this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
This Decision lays down the public health conditions for the importation of minced meat and meat preparations.
Article 2
The importation of minced meat is subject to the following conditions:
1. it has been produced in accordance with the requirements laid down in Articles 3 and 7 of Directive 94/65/EC;
2. it comes from an establishment or establishments offering the guarantees provided for in Annex I of Directive 94/65/EC;
3. it has been deep-frozen at the production plant or plants of origin.
Article 3
The importation of meat preparations is subject to the following conditions:
1. they have been produced in accordance with the requirements laid down in Articles 5 and 7 of Directive 94/65/EC;
2. they come from an establishment or establishments offering the guarantees provided for in Annex I of Directive 94/65/EC;
3. they have been deep-frozen at the production plant or plants of origin.
Article 4
1. Each consignment of minced meat shall be accompanied by an original, numbered public health certificate, completed, signed and dated, composed of a single sheet and conforming to the model laid down in Annex I.
2. Each consignment of meat preparations shall be accompanied by an original, numbered public health certificate, completed, signed and dated, composed of a single sheet and conforming to the model laid down in Annex II.
3. The certificates shall be drawn up in at least one of the official languages of the Member State of introduction into the Community.
Article 5
This Decision shall apply from 1 January 1997.
Article 6
This Decision is addressed to the Member States.
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COMMISSION DECISION of 10 June 1998 on German aid to the coal industry for 1997 (notified under document number C(1998) 2046) (Only the German text is authentic) (Text with EEA relevance) (98/687/ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community,
Having regard to Commission Decision No 3632/93/ECSC of 28 December 1993 establishing Community rules for State aid to the coal industry (1), and in particular Article 2(1) and Article 9 thereof,
Whereas:
I
By letter of 30 September 1996, Germany notified the Commission, in accordance with Article 9(1) of Decision No 3632/93/ECSC, of the aid it intended to grant to the coal industry in 1997. By letters of 15 October 1996, 5 June 1997, 22 October 1997, 27 January 1998 and 4 March 1998, Germany submitted the additional information requested by the Commission.
In accordance with Decision No 3632/93/ECSC, the Commission gives its opinion on the following financial measures:
(a) operating aid within the meaning of Article 3 of the Decision totalling DEM 6 364 million;
(b) for the reduction of activity within the meaning of Article 4 of the Decision totalling DEM 3 217 million;
(c) within the meaning of Article 3 of the Decision totalling DEM 87 million to maintain an underground labour force ('Bergmannsprämie`);
(d) within the meaning of Article 5 of the Decision totalling DEM 200 million to assist the undertakings Ruhrkohle AG, Saarbergwerke AG, Preussag Anthrazit GmbH and Sophia Jacoba GmbH to cover exceptional costs;
(e) within the meaning of Article 5 of the Decision totalling DEM 609,2 million to assist the undertakings Ruhrkohle AG, Saarbergwerke AG and Sophia Jacoba GmbH to cover exceptional costs to enable the undertakings to cover the costs arising from or having arisen from the restructuring of the coal industry which are not related to current production.
The financial measures proposed by Germany for the coal industry comply with the provisions of Article 1(1) of Decision No 3632/93/ECSC. In accordance with Article 9(4), the Commission is therefore required to give an opinion on those measures. For this purpose, it checks whether those measures conform to the general objectives and criteria defined in Article 2 and the specific criteria defined in Articles 3 and 4 of the Decision and whether they are compatible with the functioning of the common market. Furthermore, in accordance with Article 9(6) of the Decision, the Commission has to decide whether the measures are compatible with the modernisation, rationalisation and restructuring plan which the Commission approved by Decision No 94/1070/ECSC (2) on aid to the coal industry in 1994.
By letter of 5 May 1998, the coal producer RJB Mining plc, an undertaking within the meaning of Article 80 of the ECSC Treaty, lodged a complaint with the Commission against the aid to the coal industry planned by Germany in 1997 and 1998. In the complainant's view, the aid can be expected to impair the normal functioning of the market and of competition and is therefore incompatible with the Treaty, in particular Articles 2 and 4 thereof.
II
As the German notification indicates, the financial measures totalling DEM 9 581 million indicated in section I(a) and (b) are aid for the sale of coal and coke to the Community steel industry totalling DEM 2 581 million and aid for coal for power stations totalling DEM 7 000 million. This aid is defined by Germany as sales aid.
The aid for the sale of coal and coke to the Community steel industry will be granted, as explained in the German notification of 5 October 1995, as part of a limited three-year payment. For the period 1995 to 1997, this amounted to DEM 8 065 million, of which DEM 5 010 million was provided from the Federal budget and DEM 2 700 million from the budget of the State of North Rhine-Westphalia. The Federal Government's annual contribution will be reduced from DEM l 760 million for the 1995 financial year to DEM 1 650 million for the 1996 financial year and then to DEM 1 600 million for the 1997 financial year. The contribution from the State of North Rhine-Westphalia is to be reduced from DEM 948,5 million for 1995 to DEM 889,2 million for 1996 and then to DEM 862,3 million for 1997. The contribution from the Saar is to be replaced by a debt-register entry totalling DEM 355 million to be charged to the Federal budget to assist the undertaking Saarbergwerke AG, of which DEM 118,4 million is to offset losses for 1995 and the same amounts are to offset losses for 1996 and 1997. Those sums will be paid out as from the 1996 financial year and will be the subject of a final settlement in 1998.
The payment on the basis of these aid rules is to be regarded as a maximum amount. At the end of the three-year period, the exact difference between the agreed price and the production costs per tonne for the entire sale will be determined by means of a final settlement. Unlike under the earlier rules, no more advance estimates of the annual sales volume covered by the aid are to be given. Only the volumes actually supplied may be the subject of aid. Any amount of aid overpaid will be recovered.
The aid for the sale of coal for power stations falls under the fifth electricity from coal Law of 12 December 1995 (3).
Under that Law, the coal companies must submit proof of the use made of the flat-rate amounts paid to them by providing notification of the volumes supplied to thermal power stations in 1997. According to the Law, the average aid contribution per tonne may not be greater than the difference between the average production costs and the price of coal imported from third countries and delivered to a thermal power plant. This rule excludes the possibility of exceeding the maximum amount due to an increase in sales.
The aid was limited in 1996 to a maximum of DEM 7 500 million and then in 1997 to DEM 7 000 million.
The Commission finds, after consideration of the information provided by Germany, that the planned amounts of aid per tonne notified in the framework of the rules on sales aid do not exceed the difference between the production costs and the revenue to be expected on the basis of prices freely agreed between the contracting parties and, for coal produced in the Community, do not lead to prices for delivery to plants which are lower than those for coal of similar quality from third countries.
For the aid actually paid, an annual settlement is to be made, if necessary, before the end of 1998 on the basis of the actual costs and revenue and the volume actually sold.
In its assessment of the two measures described, the Commission assumes that, whatever principles Germany has laid down for the award of aid to coal undertakings within the meaning of the ECSC Treaty - in this case sales aid - the measures, since they cover a large part of these undertakings' production costs, are, whatever market the products concerned are intended for, de facto aid to current production, which falls under Articles 3 and 4 of Decision No 3632/93/ECSC.
III
The operating aid proposed pursuant to Article 3 of Decision No 3632/93/ECSC is intended to assist the mines of the undertakings Ruhrkohle AG, Saarbergwerke AG and Preussag Anthrazit GmbH. In the case of Ruhrkohle AG, the aid is to assist the Friedrich Heinrich/Rheinland, Niederberg, Walsum, Lohberg/Osterfeld, Prosper/Haniel, Westerholt, Auguste Victoria, Blumenthal/Haard and Heinrich Robert mines. In the case of Saarbergwerke AG, the measure is intended to assist the Ensdorf and Warndt/Luisenthal mines. In the case of Preussag Anthrazit GmbH, the aid is planned for the Ibbenbüren mine. This aid totalling DEM 6 364 million is intended to cover the difference between production costs and the selling price freely agreed between the contracting parties on the basis of the conditions prevailing on the world market for coal of similar quality from third countries.
On the basis of the information provided by Germany and pursuant to Article 3(3) of the abovementioned Decision, the Commission notes that the costs at constant prices fell by 15 % between 1996 and 1992. There is a significant difference between the average production costs, which were DEM 269 per tonne of coal equivalent (tce) in 1996, and the world market prices of DEM 80 per tonne of coal equivalent for similar qualities. This difference may, however, be reduced to a certain extent over the next few years as production concentrates on the most productive pits.
The cost reduction recorded exceeds the cost reduction notified by Germany in the framework of the modernisation, restructuring and rationalisation plan which the Commission approved by Decision 94/1070/ECSC.
The Commission furthermore believes that the principle of reducing the aid which Germany has included in legislation and budgetary provisions following the approval of the abovementioned plan will help to boost this trend.
The aim is to minimise the aid. Pursuing the principle applied by Germany that aid is only to be paid for production which is supplied for electricity generation and to the Community iron and steel industry, Germany undertakes to sell the production intended for use by industry and as domestic coal at prices which cover the production costs.
The Commission does not have any objections to the aid which Germany proposes granting for 1,28 million tonnes of sized anthracite produced by the undertaking Preussag Anthrazit GmbH which is intended for the generation of electricity. However, it is not yet able to take a decision pursuant to Article 3 of Decision No 3632/93/ECSC on the sum of DEM 65 million which Germany proposes granting to this undertaking, as the Commission was informed, for 1997. This sum covers the difference between the production costs and the average selling price for 647 000 tonnes of sized anthracite which that undertaking has sold to industry and as domestic coal.
The Commission will take its decision following the current examination of the sale of sized anthracite by that undertaking in the United Kingdom. On the basis of complaints and its own subsequent investigations, the Commission sent a letter of formal notice to the German Government on 2 August 1997 notifying it officially of the contents of the complaints and asking it to comment on the behaviour of the undertakings referred to and to state the position of the German Government (4).
Germany gives its assurance pursuant to the provisions of Article 86 of the ECSC Treaty that the aid will be limited to what is absolutely essential, taking account of social and regional considerations relating to the decline of coal mining in the Community, and that it will not provide an economic advantage, either directly or indirectly, for any activity other than coal mining, e.g. for industrial activities relating to the mining or processing of coal from the Community.
In its assessment of the operating aid pursuant to Article 3 thereof, the Commission has taken account of the urgent need, as indicated in the second indent of Article 2(1) of Decision No 3632/93/ECSC, to minimise the social and regional impact of the restructuring of coal mining. It also takes note, in accordance with the second subparagraph of Article 3(2), of the trend towards a reduction in production costs at constant prices. It must also be added that the restructuring policy announced by Germany in the Agreement of 13 March 1997 between the coal-producing States of North Rhine-Westphalia and the Saar, the German coal industry, workers' representatives and the Federal Government should enable the production costs and aid to be further reduced.
Having examined the information provided by Germany, the Commission finds that the proposed amounts of aid per tonne notified in the context of these rules on sales aid do not exceed the difference between production costs and the revenue to be expected on the basis of the prices freely agreed between the contractual partners and will not lead to prices for delivery to plants of coal produced in the Community which are below those for coal of similar quality from third countries.
Subject to a decision on the sum of DEM 65 million on the basis of the information provided by Germany and the undertakings given (see section VIII), the aid proposed for 1997 is compatible with Decision No 3632/93/ECSC, in particular Articles 2 and 3 thereof.
IV
The aid totalling DEM 3 217 million proposed for the reduction of activity pursuant to Article 4 of Decision No 3632/93/ECSC is intended to cover the difference between production costs and the sales price freely agreed on the basis of the conditions prevailing on the world market for coal of similar quality from third countries and to assist the mines of the undertaking Ruhrkohle AG, in particular the Sophia-Jacoba, Fürst Leopold/Wulfen, Ewald/Huo, Haus Aden/Monopol and Westfalen mines. In the case of the undertaking Saarbergwerke AG, the measure is intended for the Göttelborn/Reden mine.
This aid is part of a programme for the complete or partial closure of the abovementioned mines.
Apart from the closure of the Sophia-Jacoba mine, which is part of the German modernisation, rationalisation and restructuring plan which the Commission approved on 13 December 1994, the abovementioned closures are part of the Agreement of 13 March 1997 which will reduce production capacity by 16 million tonnes (34 % of total production capacity) and lead to the shedding of 33 000 jobs between 1997 and 2002.
In accordance with the provisions of Article 4 of Decision No 3632/93/ECSC, the Sophia-Jacoba mine was completely closed down in 1997. The Göttelborn/Reden, Ewald/Hugo and Westfalen mines will be completely closed down before the abovementioned Decision expires. The amalgamation of mines will result in partial closures that will provide a persistent and presumably significant reduction in mining activity before the Decision expires. In accordance with the second indent of Article 2(1) of Decision No 3632/93/ECSC, this aid will help to solve the social and regional problems associated with the complete or partial reduction of activity.
The fall in production of 17 % in 1996 compared with 1992 is in conformity with the objectives notified in the modernisation, rationalisation and restructuring plan which the Commission approved by Decision 94/1070/ECSC.
The aim is to minimise the aid. Pursuing the principle applied by Germany that aid is only to be paid for production which is supplied for electricity generation and to the Community iron and steel industry, Germany undertakes to sell the production intended for use by industry and as domestic coal at prices which cover the production costs.
The Commission does not have any objections to the aid which Germany proposes granting for 125 000 million tonnes of sized anthracite produced by the undertaking Sophia-Jacoba GmbH which is intended for the generation of electricity. However, it is not yet able to take a decision pursuant to Article 4 of Decision No 3632/93/ECSC on the sum of DEM 12 million which Germany proposes granting to that undertaking, as the Commission was informed, as part of the aid to the undertaking Ruhrkohle AG for 1997. This sum covers the difference between the production costs and the average selling price for 120 000 tonnes of sized anthracite which that undertaking has sold to industry and as domestic coal.
The Commission will take its decision following the current examination of the sale of sized anthracite by that undertaking in the United Kingdom. On the basis of complaints and its own subsequent investigations, the Commission sent a letter of formal notice to the German Government on 2 August 1997 notifying it officially of the contents of the complaints and asking it to comment on the behaviour of the undertakings referred to and to state the position of the German Government (5).
Subject to a decision on the sum of DEM 12 million on the basis of the information provided by Germany and the undertakings given (see section VIII), the aid proposed for 1997 is compatible with Decision No 3632/93/ECSC, in particular Articles 2 and 3 thereof.
V
The aid totalling DEM 87 million to cover extra payments to German miners ('Bergmannsprämien`), which amount to DEM 10 per underground shift, is intended to provide an incentive for qualified staff to work underground and to help rationalise production. According to the German notification, this aid to miners is a pecuniary benefit and therefore helps to reduce the production costs of the mining undertakings accordingly. It is therefore aid which must be examined on the basis of Article 3 of Decision No 3632/93/ECSC.
The proposed aid helps to maximise productivity and therefore facilitates the restructuring and rationalisation of mining. It therefore also helps to achieve the objective referred to in the first indent of Article 2(1) of Decision No 3632/93/ECSC, i.e. to make, in the light of coal prices on international markets, further progress towards economic viability with the aim of achieving digression of aids.
In its assessment of the aid, the Commission has taken account, in accordance with the second indent of Article 2(1) of Decision No 3632/93/ECSC, of the urgent need to minimise the social and regional impact of restructuring.
The aid helps, in accordance with the provisions of Article 3 of the abovementioned Decision, to achieve a slight improvement in the viability of the undertakings concerned since the increase in productivity as a result of the maintenance of a qualified underground labour force reduces production costs.
In the light of the above and on the basis of the information provided by Germany and the undertakings given by Germany as indicated in section VIII, the aid proposed for 1997 is compatible with the objectives of Decision No 3632/93/ECSC, in particular Articles 2 and 3 thereof.
VI
The aid totalling DEM 200 million to assist the undertakings Ruhrkohle AG, Saarbergwerke AG, Preussag Anthrazit GmbH and Sophia Jacoba GmbH to cover exceptional costs is intended to cover additional drainage costs in mines closed down as part of restructuring and near to working pits. Since little or no water is pumped out of the closed-down mines, some of the water which has nothing to do with the existing production flows into the working pit nearby, thereby giving rise to additional costs.
This aid, which is specifically provided for in II(b) of the Annex to Decision No 3632/93/ECSC, covers expenditure, resulting from restructuring, on the supply of water and the removal of waste water. To meet the requirements of Article 5 of the Decision, the special aid may not exceed the expenditure.
The Commission has examined the agreements between the public authorities and the undertakings concerned and, as part of an audit, the information given with regard to costs and has ascertained that the aid does not exceed the earmarked resources.
This will make it possible to reduce the pressure on the undertakings concerned, which will reduce their financial imbalance and enable them to continue their activities. The aid therefore complies with the objectives given in Article 2(1) of Decision No 3632/93/ECSC.
VII
The aid totalling DEM 609,2 million to assist the undertakings Ruhrkohle AG, Saarbergwerke AG and Sophia Jacoba GmbH to cover exceptional costs is intended to cover the costs arising from or having arisen from the restructuring of the coal industry which are not related to current production (inherited liabilities).
This aid is the result of agreements reached between the mining undertakings, the Federal Government, the State Governments of North Rhine-Westphalia and the Saar, the trade unions representing the mining industry and the electricity generators during the negotiations ('Kohlerunde`) held on 11 November 1991.
It is intended to cover the following costs: the costs of paying social-welfare benefits resulting from the pensioning-off of workers before they reach statutory retirement age, other exceptional expenditure on workers who lose their jobs as a result of restructuring and rationalisation, the payment of pensions and allowances outside the statutory system to workers who lose their jobs as a result of restructuring and rationalisation and to workers entitled to such payments before the restructuring, supply of free coal to workers who lost their jobs as a result of restructuring and rationalisation and to workers entitled to such supply before the restructuring. From a technical and financial viewpoint, it is intended to cover additional underground safety work resulting from restructuring and exceptional intrinsic depreciation provided that it results from the restructuring of the industry.
This aid to cover the costs expressly referred to in I(a), (b), (c), (d), (f) and (k) of the Annex to Decision No 3632/93/ECSC may not exceed the said costs if it is to be in conformity with the provisions of Article 5 of the abovementioned Decision.
The Commission has examined the information regarding the costs as part of an audit and has ascertained that the aid does not exceed the earmarked resources.
This will make it possible to reduce the pressure on the undertakings concerned, which will reduce their financial imbalance and enable them to continue their activities. The aid therefore complies with the objectives given in Article 2(1) of Decision No 3632/93/ECSC.
VIII
The Commission notes that Germany has inserted into regulations the measures needed to ensure that the aid granted under this Decision does not exceed the difference between production costs and selling price (no charge being made for delivery) freely agreed between the contracting parties in the light of the conditions prevailing on the world market in any undertaking or production unit. The aid per tonne of current production may not cause prices for Community coal to be lower than those of coal of a similar quality from third countries. Germany will also take care to ensure that the aid does not distort competition or produce discrimination between coal producers or between coal buyers and users in the Community.
This Decision does not pre-empt the Commission's opinion on the restructuring plan for the period from 1998 to 2002, which will be the subject of a later Decision by the Commission pursuant to Article 8 of Decision No 3632/93/ECSC.
To enable the Commission to examine whether the production units which receive operating aid under Article 3 of Decision No 3632/93/ECSC actually generate a trend towards a reduction in production costs at world prices, Germany undertakes to notify the Commission no later than 30 September of each year of the production costs for the production units concerned during the previous year and of all information pursuant to Article 9 of Decision No 3632/93/ECSC. If any of these production units do not meet the conditions laid down in Article 3(2) of Decision No 3632/93/ECSC, Germany will propose to the Commission pursuant to Article 4 of the Decision to include them either in a plan for closure by 23 July 2002 or, on exceptional social and regional grounds, in a plan entailing a gradual, significant reduction in capacity.
The Commission is required, in accordance with the second indent of Article 3(1) and Article 9(2) and (3) of Decision No 3632/93/ECSC, to verify whether the aid granted for current production achieves the objectives set out in Articles 3 and 4 of the Decision. Germany must therefore provide notification no later than 30 September 1998 of the level of aid actually paid in 1997 and of any changes to the sums originally notified. In this annual list, Germany will provide all information required for verifying compliance with the criteria laid down in the abovementioned Articles,
HAS ADOPTED THIS DECISION:
Article 1
Germany is hereby authorised to take the following measures to assist the coal industry:
(a) operating aid as defined in Article 3 of Decision No 3632/93/ECSC totalling DEM 6 299 million. The Commission will take a decision at a later date on the remaining sum of DEM 65 million to assist the undertaking Preussag Anthrazit GmbH;
(b) aid for the reduction of activity as defined in Article 4 of Decision No 3932/93/ECSC totalling DEM 3 205 million. The Commission will take a decision at a later date on the remaining sum of DEM 12 million to assist the undertaking Sophia Jacoba GmbH;
(c) aid as defined in Article 3 of Decision No 3632/93/ECSC totalling DEM 87 million to maintain an underground labour force ('Bergmannsprämie`);
(d) aid as defined in Article 5 of Decision No 3632/93/ECSC totalling DEM 200 million to assist the undertakings Ruhrkohle AG, Saarbergwerke AG, Preussag Anthrazit GmbH and Sophia Jacoba GmbH to cover exceptional costs;
(e) aid as defined in Article 5 of Decision No 3632/93/ECSC totalling DEM 609,2 million to assist the undertakings Ruhrkohle AG, Saarbergwerke AG and Sophia Jacoba GmbH to cover exceptional costs to enable the undertakings to cover the costs arising from or having arisen from the restructuring of the coal industry which are not related to current production.
Article 2
In accordance with Article 86 of the ECSC Treaty, Germany undertakes to take all appropriate measures, whether general or particular, to ensure fulfilment of its obligations arising from this Decision. Germany shall ensure that the aid granted is used only for the specified purposes and that, if the expenditure is cancelled, has been overestimated or is incorrect, it shall recover payment of any items referred to in this Decision.
Article 3
Germany shall provide information no later than 30 September 1998 about payments actually made during the 1997 financial year and shall forward the information pursuant to Article 9 of Decision No 3632/93/ECSC.
Article 4
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 10 June 1998. | [
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Commission Regulation (EC) No 585/2002
of 4 April 2002
concerning tenders notified in response to the invitation to tender for the export of common wheat issued in Regulation (EC) No 943/2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2),
Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals(3), as last amended by Regulation (EC) No 602/2001(4), and in particular Article 4 thereof,
Whereas:
(1) An invitation to tender for the refund for the export of common wheat to all third countries, with the exclusion of Poland, was opened pursuant to Commission Regulation (EC) No 943/2001(5).
(2) Article 7 of Regulation (EC) No 1501/95 allows the Commission to decide, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92 and on the basis of the tenders notified, to make no award.
(3) On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95 a maximum refund should not be fixed.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
No action shall be taken on the tenders notified from 29 March to 4 April 2002 in response to the invitation to tender for the refund for the export of common wheat issued in Regulation (EC) No 943/2001.
Article 2
This Regulation shall enter into force on 5 April 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 April 2002. | [
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Commission Regulation (EC) No 2153/2002
of 3 December 2002
amending Regulation (EC) No 1599/97 laying down detailed rules for the application of the system of minimum import prices for certain soft fruits originating in Bulgaria, Hungary, Poland, Romania, Slovakia, the Czech Republic, Estonia, Latvia and Lithuania
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2290/2000 of 9 October 2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with Bulgaria(1), and in particular Article 1(3) thereof, and the corresponding provisions of the Council Regulations and Decisions relating to the Baltic states and the other central and eastern European countries concerned,
Whereas:
(1) At the close of the recent trade negotiations between the Community, on the one hand, and Latvia and Lithuania on the other, the system of minimum import prices for imports into the Community of certain soft fruits originating in these third countries for processing were amended. The new provisions of this system are set out in the appendix to Annex C(b) to Council Regulation (EC) No 1361/2002(2) for Lithuania and the appendix to Annex C(b) to Council Regulation (EC) No 1362/2002(3) for Latvia.
(2) For reasons of clarity and legal certainty, the minimum import prices currently set out in the Annex to Commission Regulation (EC) No 1599/97(4), as last amended by Regulation (EC) No 538/2000(5), should no longer be shown in that Annex. It is, however, necessary to indicate the Community legislation under which these prices are fixed. Depending on the third country in question, this may be a Council regulation establishing concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with the country concerned, or the relevant provisions of the Europe Agreement with that country.
(3) Regulation (EC) No 1599/97 should therefore be amended accordingly.
(4) 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
Regulation (EC) No 1599/97 is hereby amended as follows:
1. The second sentence of Article 1 is replaced by the following:"Each declaration may cover only goods of one and the same origin falling within a single combined nomenclature code and, in the case of frozen products, a single Taric code as shown in Annex I."
2. Article 3 is replaced by the following:
"Article 3
1. For each lot and each origin concerned, during the completion of the customs import formalities with a view to release for free circulation, the competent authorities shall make a comparison of the value shown in the customs declaration and the minimum import price shown, for the product in question, in the Community legislation, as referred to in Annex II, applicable to the imports in question.
2. Where the value shown in the customs declaration is below the applicable minimum price referred to in paragraph 1, a countervailing charge shall be levied equal to the difference between that value and the minimum price."
3. Article 5(1) is replaced by the following:
"1. For the products listed in Annex I hereto, Member States shall communicate to the Commission the quantities put into free circulation and their values, broken down by origin and CN code and, for frozen products, by Taric code."
4. The Annex is replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 December 2002. | [
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*****
COMMISSION DECISION
of 27 September 1982
establishing that the apparatus described as 'Gilford - UV-Vis Spectrophotometer, model System 2600, with Chart Recorder, model 6051' may not be imported free of Common Customs Tariff duties
(82/683/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 last amended by Regulation (EEC) No 608/82 (2),
Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Article 7 thereof,
Whereas, by letter dated 17 March 1982, Italy 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 'Gilford - UV-Vis Spectrophotometer, model System 2600, with Chart Recorder, model 6051, ordered on 30 October 1980 and to be used for research on the G-6-PD erythrocyte deficit with determination of the enzyme activity of erythrocytes and the Michaelis constant, and in particular for research on neonatal jaundice, 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 15 July 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 spectrophotometer; whereas its objective technical characteristics such as the spectral power and the use to which it is put make it specially suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for scientific activities; whereas it must therefore be considered to be a scientific apparatus;
Whereas, however, on the basis of information received from Member States, apparatus of scientific value equivalent to the said apparatus, capable of being used for the same purposes, are currently being manufactured in the Community; whereas this applies, in particular, to the apparatus 'SP 8-100', 'SP 8-150', 'SP 8-200', 'SP 8-250', 'SP 8-300' and 'SP 8-400' manufactured by Pye Unicam Ltd, York Street, UK-Cambridge CB1 2PX,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as 'Gilford - UV-Vis Spectrophotometer, model System 2600, with Chart Recorder model 6051', which is the subject of an application by Italy of 17 March 1982, may not be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 27 September 1982. | [
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Commission Regulation (EC) No 1326/2003
of 24 July 2003
fixing the maximum export refund on common wheat in connection with the invitation to tender issued in Regulation (EC) No 934/2003
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1104/2003(2),
Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals(3), as last amended by Regulation (EC) No 1163/2002(4), as amended by Regulation (EC) No 1324/2002(5), and in particular Article 4 thereof,
Whereas:
(1) An invitation to tender for the refund on exportation of common wheat to certain third countries was opened pursuant to Commission Regulation (EC) No 934/2003(6).
(2) Article 7 of Regulation (EC) No 1501/95 provides that the Commission may, on the basis of the tenders notified, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92, decide to fix a maximum export refund taking account of the criteria referred to in Article 1 of Regulation (EC) No 1501/95. In that case a contract is awarded to any tenderer whose bid is equal to or lower than the maximum refund.
(3) The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum export refund being fixed at the amount specified in Article 1.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For tenders notified from 18 to 24 July 2003, pursuant to the invitation to tender issued in Regulation (EC) No 934/2003, the maximum refund on exportation of common wheat shall be EUR 0,00/t.
Article 2
This Regulation shall enter into force on 25 July 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 July 2003. | [
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*****
COUNCIL REGULATION (EEC) No 1449/87
of 26 May 1987
opening, allocating and providing for the administration of a Community tariff quota for ferro-phosphorus falling within subheading ex 28.55 A of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 28 thereof,
Whereas the production of ferro-phosphorus containing 15 % or more by weight of phosphorus, is currently insufficient in the Community to meet the requirements of the user industries in the Community; whereas, consequently, Community supplies of products of this type currently depend to a considerable extent on imports from third countries; whereas it is in the Community's interest to suspend totally the Common Customs Tariff duty for the products in question, within the Community tariff quota, of an appropriate volume for a relatively limited period; whereas, in order not to call into question the development prospects of this production in the Community while ensuring an adequate supply to satisfy user industries, it is advisable to limit the benefits of the tariff quota to products used for the manufacture of refined phosphoric iron or steel, to open this quota free of duty for the period 1 July to 31 December 1987 and to fix the volume at 13 000 tonnes;
Whereas, in particular, equal and continuous access to the quota should be ensured for all Community importers and the rate of duty for the tariff quota should be applied consistently to all imports until the quota is exhausted; whereas, in the light of these principles, arrangements for the utilization of the tariff quota based on an allocation among Member States would seem to be consistent with the Community nature of the quota; whereas, to correspond as closely as possible to the actual trend in the market in the product in question, allocation of the quota should be in proportion to the requirements of the Member States as calculated by reference to statistics of imports from third countries during a representative reference period and to the economic outlook for the quota period in question;
Whereas, however, since the quota is an autonomous Community tariff quota intended to cover import needs arising in the Community, for experimental purposes, the quota volume may be allocated on the basis of the temporary import needs from third countries expressed by each of the Member States; whereas these arrangements for allocation will equally ensure the uniform application of the Common Customs Tariff;
Whereas, to take account of possible import trends for the products concerned, the quota volume should be divided into two instalments, the first being allocated between the Member States and the second held as a reserve to meet subsequent requirements of Member States which have used up their initial shares; whereas, to give importers of the Member States some degree of certainty, the first instalment of the tariff quota should be fixed at a relatively high level, which in this case could be 10 430 tonnes;
Whereas initial shares may be used up at different rates; whereas, to avoid disruption of supplies on this account, it should be provided that any Member State which has almost used up its initial share should draw an additional share from the reserve; whereas, each time its additional share is almost used up, a Member State should draw a further share, and so on as many times as the reserve allows; whereas the initial and additional shares should be valid until the end of the quota period; whereas this form of administration requires close collaboration between the Member States and the Commission, and the Commission must, in particular, be in a position to keep account of the extent to which the quotas have been used up and to inform the Member States accordingly;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any measure concerning the administration of the shares allocated to that economic union may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 July to 31 December 1987, the Common Customs Tariff duty for import of the following products shall be suspended at the level and within the limit of the Community tariff quota indicated opposite them:
1.2.3.4.5 // // // // // // Order No // CCT heading No // Description // Quota volume (tonnes) // Quota duty (%) // // // // // // 09.2718 // ex 28.55 // Phosphides, whether or not chemically defined: // // // // // A. Of iron (ferro-phosphorus) containing 15 % or more by weight of phosphorus, intended for the manufacture of refined phosphoric iron or steel // 13 000 // 0 // // // // //
2. Within the limits of this tariff quota, the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant provisions in the 1985 Act of Accession.
3. Control of the use of the products for the particular purpose laid down shall be carried out by applying the relevant Community provisions.
Article 2
1. A first instalment of 10 430 tonnes of this Community tariff quota shall be allocated among the Member States; the shares, which shall be valid until 31 December 1987, shall be as follows:
1.2 // // (tonnes) // Benelux // 4 935 // France // 1 280 // Germany // 2 565 // Portugal // 170 // Spain // 200 // United Kingdom // 1 280
2. The second instalment of 2 570 tonnes, shall constitute the reserve.
3. If an importer notifies an imminent importation of the product in question in a Member State which does not take part in the initial allocation and requests the benefit of the quota, the Member State concerned shall inform the Commission and draw an amount corresponding to its requirements to the extent that the available balance of the reserve permits this.
Article 3
1. If a Member State has used 90 % or more of its initial share as fixed in Article 2 (1), it shall forthwith, by notifying the Commission, draw a second share, to the extent that the reserve so permits, equal to 10 % of its initial share rounded up as necessary to the next whole number.
2. If a Member State, after exhausting its initial share, has used 90 % or more of the second share drawn by it, that Member State shall forthwith, in the manner and to the extent provided in paragraph 1, draw a third share equal to 5 % of its initial share rounded up as necessary to the next whole number.
3. If a Member State, after exhausting its second share, has used 90 % or more of the third share drawn by it, that Member State shall, in the manner and to the extent provided in paragraph 1, draw a fourth share equal to the third.
This process shall apply until the reserve is used up.
4. By way of derogation from paragraphs 1, 2 and 3, a Member State may draw shares lower than those specified in those paragraphs if there are grounds for believing that those specified may not be used in full. Any Member State applying this paragraph shall inform the Commission of its grounds for so doing.
Article 4
Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1987.
Article 5
Member States shall, not later than 1 November 1987, return to the reserve the unused portion of their initial share which, on 15 October 1987, is in excess of 20 % of the initial volume. They may return a greater portion if there are grounds for believing that it may not be used in full.
Member States shall, not later than 1 November 1987, notify the Commission of the total quantities of the product in question imported up to and including 15 October 1987 and charged against the Community tariff quotas and of any portion of their initial shares returned to the reserve.
Article 6
The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 and shall, as soon as the notifications reach it, inform each Member State of the extent to which the reserve has been used up.
It shall, not later than 5 November 1987 inform the Member States of the amount still in reserve, following any return of shares pursuant to Article 5.
It shall ensure that the drawing which exhausts the reserve does not exceed the balance available, and to this end shall notify the amount of that balance to the Member State making the last drawing. Article 7
1. Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged without interruption against their aggregate shares of the Community tariff quota.
2. Member States shall ensure that importers of the product in question have free access to the shares allotted to them.
3. Member States shall charge imports of the product in question against their shares as the product is entered with the customs authorities for free circulation.
4. The extent to which Member States have used up their shares shall be determined on the basis of imports charged against them under the conditions set out in paragraph 3.
Article 8
When so requested by the Commission, Member States shall inform it of imports actually charged against their shares.
Article 9
Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 10
This Regulation shall enter into force on 1 July 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EC) No 2201/96 of 28 October 1996 on the common organization of the markets in processed fruit and vegetable products
THE COUNCIL OF THE EUROPEAN UNION,
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 (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
(1) Whereas various changes are taking place in the fruit and vegetable sector in general of which the Community must take account by a reorientation of the basic rules of the market organization of this sector; whereas as regards certain processed products, account should also be taken of the international market situation; whereas, in view of the numerous changes to which the common organization of the market in fruit and vegetables has been subject since its initial adoption, a new Regulation should, for reasons of clarity, be adopted;
(2) Whereas certain processed products are of particular importance in the Mediterranean regions of the Community where production prices are noticeably higher than those in third countries; whereas the production aid system based on the signing of contracts guaranteeing regular supplies for the industry in return for the payment of a minimum price to producers, as applied in the past, has stood the test of time and should be continued; whereas, however, like for fresh products, the role of producers' organizations should be strengthened in order to guarantee greater concentration of supply, to manage supply more rationally and lastly, to facilitate monitoring of compliance with the minimum price to producers;
(3) Whereas, because of the link which exists between the prices of products intended for fresh consumption and of those intended for processing, it should be enacted that the minimum price to the producer must be determined taking account of market price fluctuations in the fruit and vegetable sector and of the need to maintain a proper balance between the various outlets for the fresh product;
(4) Whereas the amount of aid must compensate for the difference between the prices paid to producers in the Community and prices paid in third countries; whereas, therefore, a basis of calculation must be laid down which takes account of this difference and of the impact of changes in the minimum price, without prejudice to the application of certain technical elements;
(5) Whereas, because of the large availability of raw materials and the elasticity of processing capacity, the granting of production aid may in certain cases lead to a considerable expansion of production; whereas, in order to avoid the disposal difficulties which could result from this, limitations should be set on the granting of aid, either in the form of a guarantee threshold or a quota system, according to product;
(6) Whereas, in view of past experience with regard to tomato-based processed products, a flexible system should be adopted, aimed at increasing the dynamism of undertakings and the competitiveness of Community industry; whereas the quotas per group of products and Member State must be fixed on a flat-rate basis for the first two years of implementation of the new system; whereas the amount of aid for concentrates and their derivatives must be lowered to offset the increased expenditure resulting from the increase in quotas for tomato concentrate and the other products in relation to the old system;
(7) Whereas the dried grape sector has some special features which have led to the implementation of a specialized acreage aid system; whereas this system, together with the guaranteed maximum acreage system aimed at avoiding a disproportionate extension of the growing of grapes for the production of dried grapes, must be kept as in the past in the same Regulation;
(8) Whereas replanting schemes to combat phylloxera are continuing; whereas, in order to avoid this operation ceasing while large areas still remain to be replanted, the system of aid to producers who replant their vineyards to combat phylloxera should be continued;
(9) Whereas, to facilitate the disposal of processed products and better adapt their quality to market demands, the possibility of laying down standards should be provided for;
(10) Whereas, for the dried grape and dried fig sectors, the carryover storage system, limited to a certain quantity of dried grapes, must be maintained without prejudice to certain adjustments; whereas purchase price levels should be determined for these two products taking account of the specific features of each of them;
(11) Whereas the possibility should be provided of implementing specific measures in favour of certain sectors facing international competition, where their production has major local or regional importance; whereas such measures must include structural improvements aimed at increasing competitiveness and promoting the use of the products in question; whereas for a transitional period provision should be made for aid in a lump sum for area on which asparagus intended for processing is currently grown, given the state of the sector;
(12) Whereas in Regulation (EC) No 3290/94 (4) the Council adopted the adjustments and transitional arrangements required in the agricultural sector in order to implement the agreements concluded in the context of the Uruguay Round of multilateral trade negotiations, in particular the new trading arrangements with third countries in the processed fruit and vegetable products sector; whereas the provisions of Annex XIV to Regulation (EC) No 3290/94 should be inserted in this Regulation; whereas, however, for the sake of simplicity, recourse should be had to the Commission's exercise of its powers for the implementation of certain technical provisions relating to possible sugar shortages;
(13) Whereas the granting of certain aid would compromise the functioning of the single market; whereas, therefore, the provisions of the Treaty whereby aid granted by Member States may be examined and aid which is incompatible with the common market may be prohibited should be extended to cover the sector referred to in this Regulation;
(14) Whereas Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organization of the market in fruit and vegetables (5) should be applied to the processed fruit and vegetable products sector in order to avoid duplication of standards and monitoring bodies; whereas it is necessary also to provide for sanctions to guarantee uniform application of the new system throughout the Community;
(15) Whereas the common organization of the markets in processed fruit and vegetable products must take proper and simultaneous account of the objectives set out in Articles 39 and 110 of the Treaty;
(16) Whereas, to facilitate the implementation of the provisions of this Regulation, a procedure for close cooperation between the Member States and the Commission by means of a management committee should be set up,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation shall set up a common organization of the markets in processed fruit and vegetables.
2. That common organization shall cover the following products:
TABLE
3. The marketing years for the products referred to in paragraph 2 shall be fixed, if necessary, in accordance with the procedure laid down in Article 29.
TITLE I System of aid
Article 2
1. A system of production aid shall apply to the products listed in Annex I obtained from fruit and vegetables harvested in the Community.
2. Production aid shall be granted to processors who have paid producers for their raw materials a price not less than the minimum price under contracts between, on the one side, producer organizations recognized or provisionally authorized under Regulation (EC) No 2200/96, and processors on the other.
However, during the five marketing years following the application of this Regulation, contracts may also be between processors and individual producers, for a quantity not exceeding, for each year respectively, 75 %, 65 %, 55 %, 40 % and 25 % of the quantity giving entitlement to production aid.
The producer organizations shall extend the benefit of the provisions of this Article to operators not affiliated to any of the collective structures provided for in Regulation (EC) No 2200/96, who undertake to market through such structures all their output intended for the manufacture of the products referred to in Annex I and who pay a contribution towards the overall management costs of this system borne by the organization.
Contracts must be signed before the start of the marketing year.
Article 3
1. The minimum price to be paid to producers shall be calculated on the basis of:
(a) the minimum price applying during the previous marketing year;
(b) the movement of market prices in the fruit and vegetables sector;
(c) the need to ensure normal market disposal of basic fresh products for the various uses, including supply to the processing industry.
2. Minimum prices shall be fixed before the start of each marketing year.
3. Minimum prices and detailed rules for the application of this Article shall be adopted in accordance with the procedure provided for in Article 29.
Article 4
1. The production aid may not exceed the difference between the minimum price paid to the producer in the Community and the price of the raw material in the main producing and exporting third countries.
2. The amount of production aid shall be so fixed as to enable the Community product to be disposed of within the limit set in paragraph 1. In establishing the amount of the aid, without prejudice to the application of Article 5, account shall be taken in particular of:
(a) the difference between the price of the raw material in the Community and that obtaining in the major competing third countries;
(b) the amount of the aid fixed or calculated before the reduction provided for in paragraph 10, if applicable, for the previous marketing year; and
(c) where Community production of a product accounts for a substantial share of the market, trends in the volume of external trade and in the prices obtaining in such trade, where the latter criterion results in a reduction in the amount of the aid.
3. The production aid shall be fixed in terms of the net weight of the processed product. The coefficients expressing the relationship between the weight of raw material used and the net weight of the processed product shall be defined on a standardized basis. They shall be regularly updated on the basis of experience.
4. Production aid shall be granted to processors only for processed products which:
(a) have been produced from raw materials harvested in the Community, for which the applicant has paid at least the minimum price referred to in Article 3;
(b) meet minimum quality requirements.
5. The price of the raw material in main competing third countries shall be determined mainly on the basis of the prices actually applying at the farm-gate stage for fresh products of a comparable quality used for processing, weighted on the basis of the quantities of finished products exported by those third countries.
6. Where Community production accounts for at least 50 % of the quantities of a product making up the Community consumption market, the trends in prices and the quantities of imports and exports shall be assessed by comparing the data for the calendar year preceding the start of the marketing year with the data for the previous calendar year.
7. In the case of products processed from tomatoes, the production aid shall be calculated for:
(a) tomato concentrate falling within CN code 2002 90;
(b) whole peeled tomatoes obtained from the San Marzano variety or similar varieties and falling within CN code 2002 10;
(c) whole peeled tomatoes obtained from the Roma or similar varieties and falling within CN code 2002 10;
(d) tomato juice falling within CN code 2009 50.
8. The production aid for other products processed from tomatoes shall be derived, as appropriate, either from the aid calculated for tomato concentrate, with account being taken in particular of the dry extract content of the product, or from the aid calculated for whole peeled tomatoes obtained from the Roma or similar varieties, with account being taken in particular of the commercial characteristics of the product.
9. The Commission shall fix the amount of the production aid before the start of each marketing year, in accordance with the procedure laid down in Article 29. The coefficients referred to in paragraph 3, the minimum quality requirements and the other detailed rules for the application of this Article shall be adopted in accordance with the same procedure.
10. For products processed from tomatoes, the overall expenditure must not exceed, for each marketing year, the amount that would have been reached if the French and Portuguese quotas for concentrates for the 1997/1998 marketing year had been set as follows:
TABLE
.To that end, the aid fixed for tomato concentrates and their derivatives in accordance with paragraph 9 shall be reduced by 5,37 %. A supplement may be paid after the marketing year if the increase in French and Portuguese quotas is not entirely used up.
Article 5
1. A guarantee threshold for the whole Community is hereby introduced for each marketing year for the products referred to below. When the guarantee threshold is exceeded, the production aid shall be reduced. The guarantee threshold shall be:
(a) 582 000 tonnes net weight for peaches in syrup and/or natural fruit juice,
(b) 102 805 tonnes net weight for Williams and Rocha pears in syrup and/or natural fruit juice.
2. The amount by which the thresholds referred to in paragraph 1 are exceeded shall be calculated on the basis of the average quantities produced in the three marketing years preceding the marketing year for which the production aid is to be fixed. Where the guarantee threshold is exceeded, the aid for the following marketing year shall be reduced in proportion to the amount by which the threshold is exceeded.
Article 6
1. A quota system is hereby introduced for granting production aid for products processed from tomatoes. The production aid shall be limited to a volume of processed products corresponding to a weight of 6 836 262 tonnes of fresh tomatoes.
2. The volume of processed products referred to in paragraph 1 shall be apportioned every five years among three separate product groups, namely tomato concentrate, tinned whole peeled tomatoes and other products, on the basis of the average quantities of products in each group produced in compliance with minimum prices during the five marketing years preceding the marketing year for which the apportionment is made.
However, the first apportionment, for the 1997/1998 marketing year and for the subsequent four marketing years, shall be as follows:
- tomato concentrate: 4 585 253 tonnes
- tinned whole peeled tomatoes: 1 336 119 tonnes
- other products: 914 890 tonnes.
3. The quantity of fresh tomatoes, determined in accordance with paragraph 2 for each product group, shall be shared out each year among the Member States according to the average quantities produced in compliance with minimum prices during the three marketing years preceding the marketing year for which the allocation is made.
However, the apportionment for the 1997/1998 and 1998/1999 marketing years shall be as indicated in Annex III to this Regulation.
For the 1999/2000 marketing year, the apportionment shall be on the basis of the average quantities produced in compliance with minimum prices during the 1997/1998 and 1998/1999 marketing years.
From the 1999/2000 marketing year onward, no apportionment under this paragraph may result in a variation, by Member State and by product group, of more than 10 % from one marketing year to the next. Where an apportionment is made under paragraph 2, that percentage shall be calculated on the basis of the quantities in the previous marketing year adjusted by the coefficients of variation resulting, for each group of products, from that apportionment.
4. Member States shall share out the quantities allocated to them between the processing undertakings established on their territory according to the average quantities produced in compliance with minimum prices during the three marketing years preceding the marketing year for which the allocation is made, excluding 1996/1997, which shall not be taken into consideration.
However, for the first three apportionments, for the marketing years 1997/1998, 1998/1999 and 1999/2000, the quantities taken into account in respect of the marketing years 1993/1994, 1994/1995 and 1995/1996, shall be the quantities actually produced.
5. From the marketing year 1999/2000 onward, the apportionments referred to in paragraphs 2 and 3 shall be carried out in accordance with the procedure laid down in Article 29. The detailed rules for the application of this Article shall be adopted in accordance with the same procedure. They shall include, in particular, rules applying to undertakings that have been in business for less than three years, to new undertakings and in cases of mergers or transfers of undertakings.
Article 7
1. Aid shall be granted for the cultivation of grapes intended for the production of dried grapes of the sultana and Moscatel varieties and currants.
The amount of the aid shall be fixed per hectare of specialized area harvested on the basis of the average yield per hectare of the area concerned. In addition, the amount of the aid shall be fixed to take account of:
(a) the need to ensure that the areas traditionally used to grow the said crops are maintained;
(b) the outlets available for these dried grapes.
The amount of aid may be differentiated according to grape variety and other factors which may affect yield.
2. A maximum guaranteed Community area is hereby introduced for each marketing year equal to the average of the areas in the Community used for the crops referred to in paragraph 1 in the marketing years 1987/1988, 1988/1989 and 1989/1990. If the specialized areas used for the production of dried grapes exceed the maximum guaranteed Community area, the amount of the aid shall be reduced for the following marketing year according to the extent by which that area is exceeded.
3. The aid shall be granted once the areas have been harvested and the products have been dried for processing.
4. Producers who replant their vineyards to combat phylloxera and who are not in receipt of aid provided for under structural measures against that disease chargeable to the Guidance Section of the EAGGF shall be entitled, during three marketing years, to aid of an amount determined in the light of the amount of the aid referred to in paragraph 1 and of the amount of aid granted under the said structural measures. In this case, paragraph 3 shall not apply.
5. Before the beginning of each marketing year, the Commission shall fix the amount of the aid in accordance with the procedure laid down in Article 29. In accordance with the same procedure, it shall lay down the detailed rules for the application of this Article and determine, as necessary, the extent to which the maximum guaranteed area has been exceeded and the consequent reduction in the amount of aid.
Article 8
Common standards may be introduced for the products listed in Article 7 (1) and those listed in Annex I, intended either for consumption in the Community or for export to third countries, in accordance with the procedure laid down in Article 29.
Article 9
1. During the last two months of a marketing year, the agencies approved by the Member States concerned, hereinafter referred to as 'storage agencies`, may buy in sultanas, currants and dried figs produced in the Community during the current marketing year provided the products comply with quality standards to be determined.
The quantities of sultanas and currants bought in under paragraph 2 may not exceed 27 370 tonnes.
2. The buying-in price at which storage agencies buy in the products referred to in paragraph 1 shall be:
(a) in the case of dried figs, the minimum price for the lowest quality class, less 5 %;
(b) in the case of sultanas and currants, the buying-in price in force during the 1994/1995 marketing year, adjusted each year in line with the change in the minimum import price referred to in Article 13 or, from the year 2000, in world prices.
3. The products bought in by the storage agencies shall be disposed of on terms which do not jeopardize the balance of the market and which ensure equal access to the products for sale and equal treatment of purchasers.
Where products cannot be disposed of on normal terms, special measures may be taken. In that case, a special security may be required to ensure that undertakings entered into are fulfilled, in particular those relating to the destination of the product. The security shall be forfeit, in full or in part, if undertakings are not fulfilled or are fulfilled only in part.
4. Storage aid shall be granted to storage agencies for the quantities of products which they have bought in and for the actual duration of storage. However, the aid shall cease to be granted at the end of a period of eighteen months following the end of the marketing year during which the product was bought in.
5. Financial compensation equal to the difference between the buying-in price paid by storage agencies and the selling price shall be granted to storage agencies. This compensation shall be reduced by the amount of any profits resulting from the difference between the buying-in price and the selling price.
6. For the purposes of applying paragraph 1, Member States shall approve storage agencies which provide adequate guarantees both that they can store products under satisfactory technical conditions and that they can satisfactorily manage the products bought in.
These agencies shall be required in particular to store products bought in on separate premises and to keep separate accounts for those products.
7. The sale of products bought in under paragraph 1 shall be organized by invitation to tender or at a price fixed in advance.
Tenders submitted shall be taken into account only where a security is lodged.
8. The buying-in price referred to in paragraph 2 and detailed rules for the application of this Article, in particular the arrangements for storage aid, financial compensation and the buying-in and sale of products by storage agencies shall be adopted in accordance with the procedure laid down in Article 29.
Article 10
1. In the case of products covered by Article 1 (2) which are of major economic or ecological importance at local or regional level and are facing, in particular, strong international competition, special measures to promote them and enhance their competitiveness may be taken in accordance with the procedure laid down in Article 29.
Such measures may include, in particular:
(a) action to improve the suitability for processing of products harvested and to adapt their characteristics to the needs of the processing industry;
(b) action to perfect the scientific and technical aspects of new operational methods and procedures with a view to improving quality and/or reducing production costs for processed products;
(c) action relating to the development of new products and/or new uses for processed products;
(d) the carrying out of economic and market studies;
(e) action to promote the consumption and use of the products concerned.
2. The measures provided for in paragraph 1 shall be carried out by producer organizations or their associations recognized under Regulation (EC) No 2200/96, in association with organizations representing operators which process and/or market the product(s) in the sector concerned.
3. To facilitate the introduction of the specific measures aimed at improving competitiveness referred to in paragraph 1 with regard to asparagus, a flat-rate aid of ECU 500 per hectare for a maximum of 9 000 hectares shall be granted under this Article during the first three years after the implementation of those measures.
4. Detailed rules for the application of this Article, and in particular for ensuring the compatibility and complementarity of the measures provided for in this Article with those adopted under Article 17 of Regulation (EC) No 2200/96, on the one hand, and with the measures financed under Articles 2, 5 and 8 of Regulation (EEC) No 4256/88 (6), on the other, shall be adopted in accordance with the procedure laid down in Article 29.
TITLE II Trade with third countries
Article 11
1. Imports into the Community, or exports therefrom, of any of the products listed in Article 1 (2) may be subject to presentation of an import or export licence.
Licences shall be issued by Member States to any applicant, irrespective of his place of establishment in the Community and without prejudice to measures taken for the application of Articles 15, 16, 17 and 18.
The licences shall be valid throughout the Community. The issue of such licences may be subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence; except in cases of force majeure, the security shall be forfeited in whole or in part if import or export is not carried out, or is carried out only partially, within that period.
2. The term of validity of import and export licences and other detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 29.
Article 12
1. Save as otherwise provided for in this Regulation, the rates of duty in the common customs tariff shall apply to the products listed in Article 1 (2).
2. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 29.
Article 13
1. A minimum import price for the 1997/1998, 1998/1999 and 1999/2000 marketing years shall be fixed for the products listed in Annex II. The minimum import price shall be determined having regard in particular to:
- the free-at-frontier prices on import into the Community,
- the prices obtaining on world markets,
- the situation on the internal Community market, and
- the trend of trade with third countries.
Where the minimum import price is not observed, a countervailing charge in addition to customs duty shall be imposed, based on the prices of the main supplier third countries.
2. The minimum import price for dried grapes shall be fixed before the beginning of the marketing year.
A minimum import price shall be fixed for currants and for other dried grapes. For each of the two groups of products, that price may be fixed for products in immediate packing of a net weight to be determined and for products in immediate packing of a net weight exceeding that weight.
3. The minimum import price for processed cherries shall be fixed before the beginning of the marketing year. The price may be fixed for products in immediate packing of a determined net weight.
4. The minimum import price to be observed for dried grapes shall be that applicable on the day of importation. The countervailing charge to be levied, if any, shall be that which is applicable on the same day.
5. The minimum import price to be observed for processed cherries shall be that applicable on the day of acceptance of entry for free circulation.
6. Countervailing charges for dried grapes shall be fixed by reference to a scale of import prices. The difference between the minimum import price and each step of the scale shall be:
- 1 % of the minimum price for the first step,
- 3, 6 and 9 %, respectively, of the minimum price for the second, third and fourth steps.
The fifth step of the scale shall cover all cases where the import price is lower than that applied for the fourth step.
The maximum countervailing charge to be fixed for dried grapes shall not exceed the difference between the minimum price and an amount determined on the basis of the most favourable prices applied on the world market for significant quantities by the most representative non-member countries.
7. Where the import price for processed cherries is less than the minimum price for those products, a countervailing charge equal to the difference between those prices shall be levied.
8. The minimum import price, the amount of the countervailing charge and the other rules for the implementation of this Article shall be adopted in accordance with the procedure laid down in Article 29.
Article 14
1. In order to prevent or counteract adverse effects on the market in the Community which may result from imports of certain products listed in Article 1 (2), imports of one or more of such products at the rate of duty laid down in the common customs tariff shall be subject to payment of an additional import duty if the conditions set out in Article 5 of the Agreement on agriculture (7) concluded in the framework of the Uruguay Round of multilateral trade negotiations have been fulfilled, unless the imports are unlikely to disturb the Community market, or the effects would be disproportionate to the intended objective.
2. The trigger prices below which an additional duty may be imposed shall be those notified by the Community to the World Trade Organization in accordance with its offer tabled during the Uruguay Round of multilateral trade negotiations.
The trigger volumes to be exceeded in order to have the additional import duty imposed shall be determined in particular on the basis of imports into the Community in the three years preceding the year in which the adverse effects referred to in paragraph 1 arise or are likely to arise.
3. The import prices to be taken into consideration for imposing an additional import duty shall be determined on the basis of the cif import prices of the consignment concerned.
The cif import prices shall be verified for this purpose on the basis of the representative prices for the product in question on the world market or on the Community import market for the product.
4. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 29. Such detailed rules shall specify in particular:
(a) the products to which additional import duties may be applied under Article 5 of the Agreement on agriculture referred to in paragraph 1 of this Article;
(b) the other criteria necessary for application of paragraph 1 in accordance with Article 5 of the Agreement on agriculture.
Article 15
1. Tariff quotas for the products listed in Article 1 (2) resulting from agreements concluded in the framework of the Uruguay Round of multilateral trade negotiations shall be opened and administered in accordance with detailed rules adopted in accordance with the procedure laid down in Article 29.
2. Quotas may be administered by applying one of the following methods or a combination thereof:
(a) a method based on the chronological order in which applications are lodged (on a 'first come, first served` basis);
(b) a method allocating quotas in proportion to the quantities requested when applications are lodged (using the 'simultaneous examination` method);
(c) a method based on taking traditional trade flows into account (using the 'traditional/new arrivals` method).
Other appropriate methods may be adopted. They must avoid discrimination between the operators concerned.
3. The method of administration adopted shall, where appropriate, take account of the supply needs of the Community market and the need to safeguard the equilibrium of that market, whilst at the same time drawing on methods applied in the past to quotas corresponding to those referred to in paragraph 1, without prejudice to rights arising from agreements concluded in the framework of the Uruguay Round of trade negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for annual quotas, suitably phased over the year, shall determine the administrative method to be used and, where appropriate, shall include:
(a) guarantees covering the nature, provenance and origin of the product;
(b) recognition of the document used for verifying the guarantees referred to in point (a); and
(c) the conditions under which import licences are issued and their term of validity.
Article 16
1. To the extent necessary to enable export of:
(a) economically significant quantities of the products without added sugar referred to in Article 1 (2);
(b) - white and raw sugar falling within CN code 1701:
- glucose and glucose syrup falling within CN codes 1702 30 51, 1702 30 59, 1702 30 91, 1702 30 99 and 1702 40 90,
- isoglucose falling within CN codes 1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30, and
- beet and cane syrups falling within CN code ex 1702 90 99,
used in the products listed in Article 1 (2) (b),
on the basis of prices for those products in international trade and within the limits resulting from agreements concluded in accordance with Article 228 of the Treaty, the difference between those prices and prices applying in the Community may be covered by export refunds.
2. The method to be adopted for the allocation of the quantities which may be exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the market in question, allowing the most efficient possible use of the resources available and takes due account of the efficiency and structure of Community exports, without, however, creating discrimination between large and small operators;
(b) is least cumbersome administratively for operators, administration requirements taken into account;
(c) avoids any discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community.
Where the international trade situation or the specific requirements of certain markets make this necessary, the refund on a given product may vary according to the destination of the product.
Refunds shall be fixed in accordance with the procedure laid down in Article 29. Refunds shall be fixed at regular intervals.
Refunds fixed at regular intervals, may, if necessary, be amended in the interval by the Commission at the request of a Member State or on its own initiative.
4. Refunds shall be granted only on application and on presentation of the relevant export licence.
5. The refund applicable shall be that applicable on the day of application for the licence and, in the case of a differentiated refund, that applicable on the same day:
(a) for the destination indicated on the licence; or
(b) for the actual destination if it differs from the destination indicated on the licence. In that case, the amount applicable may not exceed the amount applicable for the destination indicated on the licence.
Appropriate measures may be taken to prevent abuse of the flexibility provided for in this paragraph.
6. Paragraphs 4 and 5 may be waived in the case of products on which refunds are paid under food-aid operations, in accordance with the procedure laid down in Article 29.
7. Compliance with the limits on volumes arising from agreements concluded in accordance with Article 228 of the Treaty shall be ensured on the basis of the export certificates issued for the reference periods provided for therein and applicable to the products concerned. With regard to compliance with the obligations arising under the agreements concluded in the framework of the Uruguay Round of multilateral trade negotiations, the ending of a reference period shall not affect the validity of export licences.
8. Detailed rules for the application of this Article, including provisions on redistribution of unallocated or unused exportable quantities, shall be adopted in accordance with the procedure laid down in Article 29.
Article 17
1. This Article shall apply to the refund referred to in Article 16 (1) (a).
2. The following shall be taken into account when the refund is being fixed:
(a) the existing situation and future trends with regard to:
- prices and availability on the Community market of products processed from fruit and vegetables,
- prices ruling in international trade;
(b) minimum marketing and transport costs from the Community markets to ports or other points of export in the Community, as well as costs of shipment to the countries of destination;
(c) the economic aspect of the proposed exports;
(d) limits resulting from the agreements concluded in accordance with Article 228 of the Treaty.
3. When prices on the Community market are being determined for the products referred to in Article 16 (1) (a), account shall be taken of the ruling prices which are most favourable from the point of view of exportation.
The following shall be taken into account when prices in international trade are being determined:
(a) prices ruling on third-country markets;
(b) the most favourable prices in third countries of destination for imports from third countries;
(c) producer prices recorded in exporting third countries;
(d) offer prices at the Community frontier.
4. The refund shall be paid upon proof that:
- the products have been exported from the Community,
- the products are of Community origin, and
- in the case of a differentiated refund the products have reached the destination indicated on the licence or another destination for which the refund was fixed, without prejudice to Article 16 (5) (b). However, exceptions may be made to this rule in accordance with the procedure laid down in Article 29, provided conditions are laid down which offer equivalent guarantees.
5. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 29.
Article 18
1. This Article shall apply to the refunds referred to in of Article 16 (1) (b).
2. The amount of the refund shall equal:
- for raw sugar, white sugar and beet and cane syrup, the amount of the export refund for such products in the unprocessed state, fixed in accordance with Article 17 of Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (8), and its implementing provisions,
- for isoglucose, the amount of the export refund for that product in its unprocessed state, fixed in accordance with Article 17 of Regulation (EEC) No 1785/81 and its implementing provisions,
- for glucose and glucose syrup, the amount of the export refund for such products in their unprocessed state, fixed for each of those products in accordance with Article 13 of Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals (9), and its implementing provisions.
3. In order to benefit from the refund, processed products must be accompanied, upon export, by a declaration from the applicant stating the quantities of raw and white sugar and beet and cane syrups, isoglucose, glucose and glucose syrup used in manufacture.
The accuracy of the declaration referred to in the first subparagraph shall be subject to checking by the competent authorities of the Member States concerned.
4. If the refund is insufficient to allow export of the products listed in Article 1 (2) (b), the provisions laid down for the refund referred to in Article 16 (1) (a) shall apply to those products instead of those in Article 16 (1) (b).
5. The refund shall be granted on exports of products:
(a) which are of Community origin;
(b) which have been imported from third countries and on which the import duties referred to in Article 12 have been paid, provided the exporter proves:
- that the product to be exported and the product previously imported are one and the same, and
- that the import duties were collected on importation.
In the case covered by point (b), the refund on each product shall be equal to the duties collected on importation where the latter are lower than the refund applicable; where the duties collected on importation are higher than that refund, the latter shall apply.
6. The refund shall be paid upon proof that:
- the products fulfil either of the two conditions set out in paragraph 5,
- the products have been exported from the Community, and
- in the case of a differentiated refund, the products have reached the destination indicated on the licence or another destination for which the refund was fixed, without prejudice to Article 16 (5) (b). However, exceptions may be made to this rule in accordance with the procedure laid down in Article 29, provided conditions are laid down which offer equivalent guarantees.
7. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 29.
Article 19
1. To the extent necessary for the proper working of the common organization of the markets in cereals, sugar and fruit and vegetables, the Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, may, in particular cases, prohibit in whole or in part the use of inward processing arrangements in respect of:
- the products referred to in Article 16 (1) (b), and
- fruit and vegetables intended for the manufacture of the products listed in Article 1 (2).
2. However, by way of derogation from paragraph 1, if the situation referred to in paragraph 1 arises with exceptional urgency and the Community market is disturbed or is liable to be disturbed by the inward processing arrangements, the Commission shall, at the request of a Member State or on its own initiative, decide upon the necessary measures; the Council and the Member States shall be notified of such measures, which shall be valid for no more than six months and shall be immediately applicable. If the Commission receives a request from a Member State, it shall take a decision thereon within a week following receipt of the request.
3. The Commission's decision may be referred to the Council by any Member State within a week of the day on which it was notified. The Council, acting by a qualified majority, may confirm, amend or repeal the Commission's decision. If the Council has not acted within three months, the Commission's decision shall be deemed to have been repealed.
Article 20
1. Where under Article 20 of Regulation (EEC) No 1785/81 a levy exceeding ECU 5 per 100 kilograms is charged on exports of white sugar, the imposition of a charge on exports of the products listed in Article 1 (2) containing a minimum of 35 % added sugar may be decided in accordance with the procedure laid down in Article 29.
2. The amount of the export charge shall be fixed taking into account:
- the nature of the product processed from fruit and vegetables which contains added sugar,
- the added sugar content of the product in question,
- the prices of white sugar in the Community and on the world market,
- the export levy applicable to white sugar,
- the economic implications of applying the said charge.
3. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 29.
Article 21
1. The general rules for the interpretation of the combined nomenclature and the special rules for its application shall apply to the tariff classification of products covered by this Regulation; the tariff nomenclature resulting from the application of this Regulation shall be incorporated in the common customs tariff.
2. Save as otherwise provided for in this Regulation or in provisions adopted pursuant thereto, the following shall be prohibited in trade with third countries:
- the levying of any charge having equivalent effect to a customs duty,
- the application of any quantitative restriction or measure having equivalent effect.
Article 22
1. If, by reason of imports or exports, the Community market in one or more of the products listed in Article 1 (2) is affected by, or is threatened with, serious disturbance likely to jeopardize the achievement of the objectives set out in Article 39 of the Treaty, appropriate measures may be applied in trade with third countries until such disturbance or threat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for the application of this paragraph and shall determine the cases in which and limits within which Member States may take protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission shall, at the request of a Member State or on its own initiative, decide upon the necessary measures; the Member States shall be notified of such measures, which shall be immediately applicable. If the Commission receives a request from a Member State, it shall take a decision thereon within three working days following receipt of the request.
3. Measures decided upon by the Commission may be referred to the Council by any Member State within three working days of the day on which they were notified. The Council shall meet without delay. It may, acting by a qualified majority, confirm, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations arising from international agreements concluded in accordance with Article 228 (2) of the Treaty.
TITLE III General provisions
Article 23
Articles 92, 93 and 94 of the Treaty shall apply to the production of and trade in the products referred to in Article 1 (2).
Article 24
Title VI (National and Community checks) of Regulation (EC) No 2200/96 shall apply to checks on compliance with the Community rules concerning the market in processed fruit and vegetable products.
Article 25
Financial or other administrative penalties shall be adopted as appropriate for the specific needs of the sector in accordance with the procedure laid down in Article 29.
Article 26
If measures are required to facilitate the transition from the old arrangements to those established by this regulation, they shall be adopted in accordance with the procedure laid down in Article 29.
Article 27
1. Member States and the Commission shall communicate to each other the information necessary for the application of this Regulation. The data to be communicated shall be determined in accordance with the procedure laid down in Article 29. Detailed rules for the communication and distribution of such information shall be adopted in accordance with the same procedure.
2. The laws, regulations and administrative provisions adopted by Member States for the application of this Regulation, including any amendments thereto, shall be communicated to the Commission no later than one month after their adoption.
3. Member States shall take all appropriate measures to penalize infringements of the provisions of this Regulation and to forestall and bring to an end any fraud.
Article 28
A management committee for processed fruit and vegetables, hereinafter referred to as 'the Committee`, shall be set up, consisting of representatives of the Member States and chaired by a representative of the Commission.
Article 29
1. Where reference is made to the procedure laid down in this Article, the chairman shall refer the matter to the Committee either on his/her own initiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. (a) The Commission shall adopt measures which shall apply immediately.
(b) However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event the Commission may defer application of the measures which it has decided for a period of not more than one month from the date of such communication.
The Council, acting by qualified majority, may take a different decision within one month.
Article 30
The Committee may consider any other question referred to it by its chairman either on his/her own initiative or at the request of the representative of a Member State.
Article 31
Expenditure incurred under Article 2, Article 7, Article 9 (4) and (5) and Article 10 (3) shall be deemed to be intervention to stabilize the agricultural markets within the meaning of point (b) of Article 1 (2) of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (10).
Article 32
This Regulation shall be so applied that appropriate account is simultaneously taken of the objectives set out in Articles 39 and 110 of the Treaty.
Article 33
1. This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply as from 1 January 1997. However, Title I shall not apply, for each product concerned, until the beginning of the 1997/1998 marketing year.
2. The following Regulations are hereby repealed with effect from the date of application of the corresponding provisions of this Regulation:
- Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (11),
- Council Regulation (EEC) No 2245/88 of 19 July 1988 introducing guarantee threshold systems for peaches and pears in syrup and/or in natural fruit juice (12),
- Council Regulation (EEC) No 1206/90 of 7 May 1990 laying down general rules for the system of production aid for processed fruit and vegetables (13),
- Council Regulation (EEC) No 668/93 of 17 March 1993 on the introduction of a limit to the granting of production aid for processed tomato products (14).
References to the repealed Regulation shall be understood as references to this Regulation and are to be read in accordance with the correlation tables in Annex IV.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 28 October 1996. | [
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REGULATION (EEC) NO 1516/74 OF THE COMMISSION
of 18 June 1974
on the supervision by Member States of contracts concluded between sugar manufacturers and beet producers
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community;
Having regard to Council Regulation No 1009/67/EEC (1) of 18 December 1967 on the common organization of the market in sugar, as last amended by Regulation (EEC) No 1928/73 (2), and in particular Articles 5 (4), 31 (6) and 38 thereof;
Having regard to Council Regulation (EEC) No 206/68 (3) of 20 February 1968 laying down outline provisions for contracts and inter-trade agreements on the purchase of beet, as last amended by the Act (4) annexed to the Treaty of Accession (5) of the new Member States to the European Economic Community and the European Atomic Energy Community, and in particular Article 11 thereof;
Whereas a series of provisions adopted in the sugar sector, and in particular those laid down in Articles 5, 30 and 31 of Regulation No 1009/67/EEC and in Regulation (EEC) No 206/68, concerns contracts and inter-trade agreements concluded for the purchase of beet; whereas it has proved necessary for regular checks to be made that the provisions of such contracts and agreement as aforesaid are in conformity with the said Community provisions; whereas efficient checks for this purpose could be carried out by the Member States;
Whereas Commission Regulation (EEC) No 1087/69 (6) of 11 June 1969 on communications from Member States concerning sugar, as last amended by Regulation (EEC) No 700/73 (7) should be adopted;
Whereas communication by the Member States of the results of the checks would improve the harmonization of such checks within the Community;
Whereas the Management Committee for Sugar has not delivered an Opinion within the time limit set by its Chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Each Member State shall carry out regular checks on the conformity with the relevant Community provisions of the provisions adopted at the professional level concerning, especially the purchase of and payment for beets.
Article 2
The results of the checks referred to in Article 1 shall be communicated to the Commission before 30 June each year. If demanded, the Member States shall submit inter-trade agreements and contract forms to the Commission.
Article 3
Article 4 of Regulation (EEC) No 1087/69 is cancelled.
Article 4
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, 18 June 1974. | [
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COMMISSION DECISION
of 8 September 2004
approving the second phase of the technical action plan 2004 for the improvement of agricultural statistics
(notified under document number C(2004) 3374)
(2004/637/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the treaty establishing the European Community,
Having regard to Council Decision 96/411/EC of 25 June 1996 on improving Community agricultural statistics (1), and in particular Article 4(1) and Article 6(2) thereof,
Whereas:
(1)
In accordance with Decision 96/411/EC, the Commission establishes a technical action plan for agricultural statistics each year.
(2)
It is essential to improve information on the physical aspects of European agriculture and to set up information systems on the structure of the farms in the adherent countries for the implementation of the related Community policies.
(3)
In accordance with Decision 96/411/EC, the Community contributes to the costs incurred by the Member States in making adaptations to national agricultural statistical systems or for the costs of preparatory work for new or increasing needs which are part of a technical action plan.
(4)
There is a need to consolidate certain actions begun under previous action plans and to continue the work.
(5)
The enlargement which will occur during 2004 makes it necessary to implement the 2004 action plan in two phases. The first phase of this action plan has been approved by the Decision 2004/366/EC of the Commission of 13 April 2004 (2). The second phase of this action plan now needs to be adopted.
(6)
The measures provided for in this decision are in line with the opinion of the Standing Committee of Agricultural Statistics,
HAS ADOPTED THIS DECISION:
Article 1
The second phase of the 2004 technical action plan for improving agricultural statistics (TAPAS 2004 - Phase 2), as set out in the Annex to this Decision, is approved.
Article 2
This decision is addressed to the Member States.
Done at Brussels, 8 September 2004. | [
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Commission Regulation (EC) No 1102/2001
of 5 June 2001
fixing, for May 2001, the specific exchange rate for the amount of the reimbursement of storage costs 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 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 1527/2000(2),
Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro(3),
Having regard to Commission Regulation (EEC) No 1713/93 of 30 June 1993 establishing special detailed rules for applying the agricultural conversion rate in the sugar sector(4), as last amended by Regulation (EC) No 1642/1999(5), and in particular Article 1(3) thereof,
Whereas:
(1) Article 1(2) of Regulation (EEC) No 1713/93 provides that the amount of the reimbursement of storage costs referred to in Article 8 of Regulation (EC) No 2038/1999 is to be converted into national currency using a specific agricultural conversion rate equal to the average, calculated pro rata temporis, of the agricultural conversion rates applicable during the month of storage. That specific rate must be fixed each month for the previous month. However, in the case of the reimbursable amounts applying from 1 January 1999, as a result of the introduction of the agrimonetary arrangements for the euro from that date, the fixing of the conversion rate should be limited to the specific exchange rates prevailing between the euro and the national currencies of the Member States that have not adopted the single currency.
(2) Application of these provisions will lead to the fixing, for May 2001, of the specific exchange rate for the amount of the reimbursement of storage costs in the various national currencies as indicated in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The specific exchange rate to be used for converting the amount of the reimbursement of the storage costs referred to in Article 8 of Regulation (EC) No 2038/1999 into national currency for May 2001 shall be as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 6 June 2001.
It shall apply with effect from 1 May 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL DECISION
of 18 February 2008
on the principles, priorities and conditions contained in the Accession Partnership with the former Yugoslav Republic of Macedonia and repealing Decision 2006/57/EC
(2008/212/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of partnerships in the framework of the stabilisation and association process (1), as amended, and in particular Article 2 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
The Thessaloniki European Council of 19 and 20 June 2003 endorsed the introduction of the partnerships as a means to materialise the European perspective of the Western Balkan countries.
(2)
Regulation (EC) No 533/2004 provides that the Council is to decide on the principles, priorities and conditions to be contained in the partnerships, as well as any subsequent adjustments. It states also that the follow-up to the partnerships will be ensured through the mechanisms established under the Stabilisation and Association Process, notably by the annual progress reports.
(3)
The European Council of 17 December 2005 granted the former Yugoslav Republic of Macedonia candidate country status. Therefore, a proposal has been made to amend Regulation 533/2004 to change the name of the partnership for this country from ‘European Partnership’ to ‘Accession Partnership’.
(4)
On 30 January 2006 the Council adopted the second Accession Partnership with the former Yugoslav Republic of Macedonia (2), following the proposal from the Commission of November 2005.
(5)
The Commission's Paper on enlargement strategy and main challenges 2006-2007 indicated that the partnerships would be updated at the end of 2007.
(6)
On 17 July 2006 the Council adopted Regulation (EC) No 1085/2006 (3) establishing an Instrument for Pre-accession Assistance (IPA), which renews the framework for financial assistance to pre-accession countries.
(7)
It is therefore appropriate to adopt an Accession Partnership which updates the current partnership in order to identify renewed priorities for further work, on the basis of the findings of the 2007 Progress Report on the former Yugoslav Republic of Macedonia's preparations for further integration with the European Union.
(8)
In order to prepare for further integration with the European Union, the competent authorities in the former Yugoslav Republic of Macedonia should develop a plan with a timetable and specific measures to address the priorities of this Accession Partnership.
(9)
Decision 2006/57/EC should therefore be repealed,
HAS DECIDED AS FOLLOWS:
Article 1
The principles, priorities and conditions in the Accession Partnership with the former Yugoslav Republic of Macedonia are set out in the Annex.
Article 2
The implementation of the Accession Partnership shall be examined through the mechanisms established under the stabilisation and association process, notably the annual progress reports presented by the Commission.
Article 3
Decision 2006/57/EC shall be repealed.
Article 4
This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.
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Directive 2000/54/EC of the European Parliament and of the Council
of 18 September 2000
on the protection of workers from risks related to exposure to biological agents at work
(seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the Economic and Social Committee(1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),
Whereas:
(1) Council Directive 90/679/EEC of 26 November 1990 on the protection of workers from risks related to exposure to biological agents at work (seventh individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(3) has been substantially amended on a number of occasions(4). For the sake of clarity and rationality Directive 90/679/EEC should be codified.
(2) Compliance with the minimum requirements designed to guarantee a better standard of safety and health as regards the protection of workers from the risks related to exposure to biological agents at work is essential to ensure the safety and health of workers.
(3) This Directive is an individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(5). The provisions of that Directive are therefore fully applicable to the exposure of workers to biological agents, without prejudice to more stringent and/or specific provisions contained in this Directive.
(4) More precise knowledge of the risks involved in exposure to biological agents can be obtained through the keeping of records.
(5) The list and classification of the biological agents must be examined regularly and revised on the basis of new scientific data.
(6) For a number of biological agents details additional to their classification should be given.
(7) Employers must keep abreast of new developments in technology with a view to improving the protection of workers' health and safety.
(8) Preventive measures should be taken for the protection of the health and safety of workers exposed to biological agent.
(9) This Directive constitutes a practical aspect of the realisation of the social dimension of the internal market.
(10) Pursuant to Council Decision 74/325/EEC(6) the Advisory Committee on Safety, Hygiene and Health Protection at Work should be consulted by the Commission with a view to the formulation of proposals in this field. It was so consulted over the formulation of proposals for the Council directives embodied in this Directive.
(11) This Directive is without prejudice to the obligations of the Member States concerning the deadlines for transposition as set out in Annex VIII, Part B,
HAVE ADOPTED THIS DIRECTIVE:
CHAPTER I
GENERAL PROVISIONS
Article 1
Objective
1. This Directive has as its aim the protection of workers against risks to their health and safety, including the prevention of such risks, arising or likely to arise from exposure to biological agents at work.
It lays down particular minimum provisions in this area.
2. Directive 89/391/EEC shall apply fully to the whole area referred to in paragraph 1, without prejudice to more stringent and/or specific provisions contained in this Directive.
3. This Directive shall apply without prejudice to the provisions of Council Directive 90/219/EEC(7) and of Council Directive 90/220/EEC(8).
Article 2
Definitions
For the purpose of this Directive:
(a) "biological agents" shall mean micro-organisms, including those which have been genetically modified, cell cultures and human endoparasites, which may be able to provoke any infection, allergy or toxicity;
(b) "micro-organism" shall mean a microbiological entity, cellular or non-cellular, capable of replication or of transferring genetic material;
(c) "cell culture" shall mean the in-vitro growth of cells derived from multicellular organisms.
"Biological agents" shall be classified into four risk groups, according to their level of risk of infection:
1. group 1 biological agent means one that is unlikely to cause human disease:
2. group 2 biological agent means one that can cause human disease and might be a hazard to workers; it is unlikely to spread to the community; there is usually effective prophylaxis or treatment available;
3. group 3 biological agent means one that can cause severe human disease and present a serious hazard to workers; it may present a risk of spreading to the community, but there is usually effective prophylaxis or treatment available;
4. group 4 biological agent means one that causes severe human disease and is a serious hazard to workers; it may present a high risk of spreading to the community; there is usually no effective prophylaxis or treatment available.
Article 3
Scope - Determination and assessment of risks
1. This Directive shall apply to activities in which workers are or are potentially exposed to biological agents as a result of their work.
2. In the case of any activity likely to involve a risk of exposure to biological agents, the nature, degree and duration of workers' exposure must be determined in order to make it possible to assess any risk to the workers' health or safety and to lay down the measures to be taken.
In the case of activities involving exposure to several groups of biological agents, the risk shall be assessed on the basis of the danger presented by all hazardous biological agents present.
The assessment must be renewed regularly and in any event when any change occurs in the conditions which may affect workers' exposure to biological agents.
The employer must supply the competent authorities, at their request, with the information used for making the assessment.
3. The assessment referred to in paragraph 2 shall be conducted on the basis of all available information including:
(a) classification of biological agents which are or may be a hazard to human health, as referred to in Article 18;
(b) recommendations from a competent authority which indicate that the biological agent should be controlled in order to protect workers' health when workers are or may be exposed to such a biological agent as a result of their work;
(c) information on diseases which may be contracted as a result of the work of the workers;
(d) potential allergenic or toxigenic effects as a result of the work of the workers;
(e) knowledge of a disease from which a worker is found to be suffering and which has a direct connection with his work.
Article 4
Application of the various Articles in relation to assessment of risks
1. If the results of the assessment referred to in Article 3 show that the exposure and/or potential exposure is to a group 1 biological agent, with no identifiable health risk to workers, Articles 5 to 17 and Article 19 shall not apply.
However, point 1 of Annex VI should be observed.
2. If the results of the assessment referred to in Article 3 show that the activity does not involve a deliberate intention to work with or use a biological agent but may result in the workers' being exposed to a biological agent, as in the course of the activities for which an indicative list is given in Annex I, Articles 5, 7, 8, 10, 11, 12, 13 and 14 shall apply unless the results of the assessment referred to in Article 3 show them to be unnecessary.
CHAPTER II
EMPLOYERS' OBLIGATIONS
Article 5
Replacement
The employer shall avoid the use of a harmful biological agent if the nature of the activity so permits, by replacing it with a biological agent which, under its conditions of use, is not dangerous or is less dangerous to workers' health, as the case may be, in the present state of knowledge.
Article 6
Reduction of risks
1. Where the results of the assessment referred to in Article 3 reveal a risk to workers' health or safety, workers' exposure must be prevented.
2. Where this is not technically practicable, having regard to the activity and the risk assessment referred to in Article 3, the risk of exposure must be reduced to as low a level as necessary in order to protect adequately the health and safety of the workers concerned, in particular by the following measures which are to be applied in the light of the results of the assessment referred to in Article 3:
(a) keeping as low as possible the number of workers exposed or likely to be exposed;
(b) design of work processes and engineering control measures so as to avoid or minimise the release of biological agents into the place of work;
(c) collective protection measures and/or, where exposure cannot be avoided by other means, individual protection measures;
(d) hygiene measures compatible with the aim of the prevention or reduction of the accidental transfer or release of a biological agent from the workplace;
(e) use of the biohazard sign depicted in Annex II and other relevant warning signs;
(f) drawing up plans to deal with accidents involving biological agents;
(g) testing, where it is necessary and technically possible, for the presence, outside the primary physical confinement, of biological agents used at work;
(h) means for safe collection, storage and disposal of waste by workers including the use of secure and identifiable containers, after suitable treatment where appropriate;
(i) arrangements for the safe handling and transport of biological agents within the workplace.
Article 7
Information for the competent authority
1. Where the results of the assessment referred to in Article 3 reveal risk to workers' health or safety, employers shall, when requested, make available to the competent authority appropriate information on:
(a) the results of the assessment;
(b) the activities in which workers have been exposed or may have been exposed to biological agents;
(c) the number of workers exposed;
(d) the name and capabilities of the person responsible for safety and health at work;
(e) the protective and preventive measures taken, including working procedures and methods;
(f) an emergency plan for the protection of workers from exposure to group 3 or a group 4 biological agent which might result from a loss of physical containment.
2. Employers shall inform forthwith the competent authority of any accident or incident which may have resulted in the release of a biological agent and which could cause severe human infection and/or illness.
3. The list referred to in Article 11 and the medical record referred to in Article 14 shall be made available to the competent authority in cases where the undertaking ceases activity, in accordance with national laws and/or practice.
Article 8
Hygiene and individual protection
1. Employers shall be obliged, in the case of all activities for which there is a risk to the health or safety of workers due to work with biological agents, to take appropriate measures to ensure that:
(a) workers do not eat or drink in working areas where there is a risk of contamination by biological agents;
(b) workers are provided with appropriate protective clothing or other appropriate special clothing;
(c) workers are provided with appropriate and adequate washing and toilet facilities, which may include eye washes and/or skin antiseptics;
(d) any necessary protective equipment is:
- properly stored in a well-defined place,
- checked and cleaned if possible before, and in any case after, each use,
- is repaired, where defective, or is replaced before further use;
(e) procedures are specified for taking, handling and processing samples of human or animal origin.
2. Working clothes and protective equipment, including protective clothing referred to in paragraph 1, which may be contaminated by biological agents, must be removed on leaving the working area and, before taking the measures referred to in the second subparagraph, kept separately from other clothing.
The employer must ensure that such clothing and protective equipment is decontaminated and cleaned or, if necessary, destroyed.
3. Workers may not be charged for the cost of the measures referred to in paragraphs 1 and 2.
Article 9
Information and training of workers
1. Appropriate measures shall be taken by the employer to ensure that workers and/or any workers' representatives in the undertaking or establishment receive sufficient and appropriate training, on the basis of all available information, in particular in the form of information and instructions, concerning:
(a) potential risks to health;
(b) precautions to be taken to prevent exposure;
(c) hygiene requirements;
(d) wearing and use of protective equipment and clothing;
(e) steps to be taken by workers in the case of incidents and to prevent incidents.
2. The training shall be:
(a) given at the beginning of work involving contact with biological agents,
(b) adapted to take account of new or changed risks, and
(c) repeated periodically if necessary.
Article 10
Worker information in particular cases
1. Employers shall provide written instructions at the workplace and, if appropriate, display notices which shall, as a minimum, include the procedure to be followed in the case of:
(a) a serious accident or incident involving the handling of a biological agent;
(b) handling a group 4 biological agent.
2. Workers shall immediately report any accident or incident involving the handling of a biological agent to the person in charge, or to the person responsible for safety and health at work.
3. Employers shall inform forthwith the workers and/or any workers' representatives of any accident or incident which may have resulted in the release of a biological agent and which could cause severe human infection and/or illness.
In addition, employers shall inform the workers and/or any workers' representatives in the undertaking or establishment as quickly as possible when a serious accident or incident occurs, of the causes thereof and of the measures taken or to be taken to rectify the situation.
4. Each worker shall have access to the information on the list referred to in Article 11 which relates to him personally.
5. Workers and/or any workers' representatives in the undertaking or establishment shall have access to anonymous collective information.
6. Employers shall provide workers and/or their representatives, at their requst, with the information provided for in Article 7(1).
Article 11
List of exposed workers
1. Employers shall keep a list of workers exposed to group 3 and/or group 4 biological agents, indicating the type of work done and, whenever possible, the biological agent to which they have been exposed, as well as records of exposures, accidents and incidents, as appropriate.
2. The list referred to in paragraph 1 shall be kept for at least 10 years following the end of exposure, in accordance with national laws and/or practice.
In the case of those exposures which may result in infections:
(a) with biological agents known to be capable of establishing persistent or latent infections;
(b) that, in the light of present knowledge, are undiagnosable until illness develops many years later;
(c) that have particularly long incubation periods before illness develops;
(d) that result in illnesses which recrudesce at times over a long period despite treatment, or
(e) that may have serious long-term sequelae,
the list shall be kept for an appropriately longer time up to 40 years following the last known exposure.
3. The doctor referred to in Article 14 and/or the competent authority for health and safety at work, and any other person responsible for health and safety at work, shall have access to the list referred to in paragraph 1.
Article 12
Consultation and participation of workers
Consultation and participation of workers and/or their representatives in connection with matters covered by this Directive shall take place in accordance with Article 11 of Directive 89/391/EEC.
Article 13
Notification to the competent authority
1. Prior notification shall be made to the competent authority of the use for the first time of:
(a) group 2 biological agents;
(b) group 3 biological agents;
(c) group 4 biological agents.
The notification shall be made at least 30 days before the commencement of the work.
Subject to paragraph 2, prior notification shall also be made of the use for the first time of each subsequent group 4 biological agent and of any subsequent new group 3 biological agent where the employer himself provisionally classifies that biological agent.
2. Laboratories providing a diagnostic service in relation to group 4 biological agents shall be required only to make an initial notification of their intention.
3. Renotification must take place in any case where there are substantial changes of importance to safety or health at work to processes and/or procedures which render the notification out of date.
4. The notification referred to in paragraphs 1, 2 and 3 shall include:
(a) the name and address of the undertaking and/or establishment;
(b) the name and capabilities of the person responsible for safety and health at work;
(c) the results of the assessment referred to in Article 3;
(d) the species of the biological agent;
(e) the protection and preventive measures that are envisaged.
CHAPTER III
MISCELLANEOUS PROVISIONS
Article 14
Health surveillance
1. The Member States shall establish, in accordance with national laws and practice, arrangements for carrying out relevant health surveillance of workers for whom the results of the assessment referred to in Article 3 reveal a risk to health or safety.
2. The arrangements referred to in paragraph 1 shall be such that each worker shall be able to undergo, if appropriate, relevant health surveillance:
(a) prior to exposure;
(b) at regular intervals thereafter.
Those arrangements shall be such that it is directly possible to implement individual and occupational hygiene measures.
3. The assessment referred to in Article 3 should identify those workers for whom special protective measures may be required.
When necessary, effective vaccines should be made available for those workers who are not already immune to the biological agent to which they are exposed or are likely to be exposed.
When employers make vaccines available, they should take account of the recommended code of practice set out in Annex VII.
If a worker is found to be suffering from an infection and/or illness which is suspected to be the result of exposure, the doctor or authority responsible for health surveillance of workers shall offer such surveillance to other workers who have been similarly exposed.
In that event, a reassessment of the risk of exposure shall be carried out in accordance with Article 3.
4. In cases where health surveillance is carried out, an individual medical record shall be kept for at least 10 years following the end of exposure, in accordance with national laws and practice.
In the special cases referred to in Article 11(2) second subparagraph, an individual medical record shall be kept for an appropriately longer time up to 40 years following the last known exposure.
5. The doctor or authority responsible for health surveillance shall propose any protective or preventive measures to be taken in respect of any individual worker.
6. Information and advice must be given to workers regarding any health surveillance which they may undergo following the end of exposure.
7. In accordance with national laws and/or practice:
(a) workers shall have access to the results of the health surveillance which concern them, and
(b) the workers concerned or the employer may request a review of the results of the health surveillance.
8. Practical recommendations for the health surveillance of workers are given in Annex IV.
9. All cases of diseases or death identified in accordance with national laws and/or practice as resulting from occupational exposure to biological agents shall be notified to the competent authority.
Article 15
Health and veterinary care facilities other than diagnostic laboratories
1. For the purpose of the assessment referred to in Article 3, particular attention should be paid to:
(a) uncertainties about the presence of biological agents in human patients or animals and the materials and speciments taken from them;
(b) the hazard represented by biological agents known or suspected to be present in human patients or animals and materials and specimens taken from them;
(c) the risks posed by the nature of the work.
2. Appropriate measures shall be taken in health and veterinary care facilities in order to protect the health and safety of the workers concerned.
The measures to be taken shall include in particular:
(a) specifying appropriate decontamination and disinfection procedures, and
(b) implementing procedures enabling contaminated waste to be handled and disposed of without risk.
3. In isolation facilities where there are human patients or animals who are, or who are suspected of being, infected with group 3 or group 4 biological agents, containment measures shall be selected from those in Annex V column A, in order to minimise the risk of infection.
Article 16
Special measures for industrial processes, laboratories and animal rooms
1. The following measures must be taken in laboratories, including diagnostic laboratories, and in rooms for laboratory animals which have been deliberately infected with group 2, 3 or 4 biological agents or which are or are suspected to be carriers of such agents.
(a) Laboratories carrying out work which involves the handling of group 2, 3 or 4 biological agents for research, development, teaching or diagnostic purposes shall determine the containment measures in accordance with Annex V, in order to minimise the risk of infection.
(b) Following the assessment referred to in Article 3, measures shall be determined in accordance with Annex V, after fixing the physical containment level required for the biological agents according to the degree of risk.
Activities involving the handling of a biological agent must be carried out:
- only in working areas corresponding to at least containment level 2, for a group 2 biological agent,
- only in working areas corresponding to at least containment level 3, for a group 3 biological agent,
- only in working areas corresponding to at least containment level 4, for a group 4 biological agent.
(c) Laboratories handling materials in respect of which there exist uncertainties about the presence of biological agents which may cause human disease but which do not have as their aim working with biological agents as such (i.e. cultivating or concentrating them) should adopt containment level 2 at least. Containment levels 3 or 4 must be used, when appropriate, where it is known or it is suspected that they are necessary, except where guidelines provided by the competent national authorities show that, in certain cases, a lower containment level is appropriate.
2. The following measures concerning industrial processes using group 2, 3 or 4 biological agents must be taken:
(a) The containment principles set out in the second subparagraph of paragraph 1(b) should also apply to industrial processes on the basis of the practical measures and appropriate procedures given in Annex VI.
(b) In accordance with the assessment of the risk linked to the use of group 2, 3 or 4 biological agents, the competent authorities may decide on appropriate measures which must be applied to the industrial use of such biological agents.
3. For all activities covered by paragraphs 1 and 2 where it has not been possible to carry out a conclusive assessment of a biological agent but concerning which it appears that the use envisaged might involve a serious health risk for workers, activities may only be carried out in workplaces where the containment level corresponds at least to level 3.
Article 17
Use of data
The Commission shall have access to the use made by the competent national authorities of the information referred to in Article 14(9).
Article 18
Classification of biological agents
1. Community classification shall be on the basis of the definitions in the second paragraph of Article 2, points 2 to 4 (groups 2 to 4).
2. Pending Community classification Member States shall classify biologial agents that are or may be a hazard to human health on the basis of the definition in the second paragraph of Article 2, points 2 to 4 (groups 2 to 4).
3. If the biological agent tobe assessed cannot be classified clearly in one of the groups defined in the second paragraph of Article 2, it must be classified in the highest risk group among the alternatives.
Article 19
Annexes
Purely technical adjustments to the Annexes in the light of technical progress, changes in international regulations or specifications and new findings in the field of biological agents shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.
Article 20
Notifying the Commission
Member States shall communicate to the Commission the provisions of national law which they adopt in the field governed by this Directive.
Article 21
Repeal
Directive 90/679/EEC, amended by the Directives referred to in Annex VIII, part A is repealed, without prejudice to the obligations of the Member States in respect of the deadlines for transposition laid down in Annex VIII, part B.
References to the repealed Directive shall be construed as references to this Directive and shall be correlated in accordance with the correlation table set out in Annex IX.
Article 22
Entry into force
This Directive enters into force on the twentieth day following its publication in the Official Journal of the European Communities.
Article 23
Addresses
This Directive is addressed to the Member States.
Done at Brussels, 18 September 2000. | [
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COMMISSION REGULATION (EC) No 2278/96 of 28 November 1996 modifying Regulation (EEC) No 1863/90 laying down detailed rules for the application of Council Regulation (EEC) No 4045/89 on scrutiny by Member States of transactions forming part of the system of financing by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund and repealing Directive 77/435/EEC
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4045/89 of 21 December 1989 on scrutiny by Member States of transactions forming part of the system of financing by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund and repealing Directive 77/435/EEC (1), as last amended by Regulation (EC) No 3235/94 (2), and in particular Article 19 thereof,
Whereas Article 7 of Regulation (EEC) No 4045/89 establishes a system of mutual assistance between Member States for the purpose of carrying out the scrutinies provided for in Articles 2 and 3 of that Regulation and requires that the Commission establish the provisions for the coordination of joint actions involving mutual assistance between two or more Member States; whereas it is appropriate, therefore, that these provisions should be introduced into Commission Regulation (EEC) No 1863/90 (3), as amended by Regulation (EC) No 2992/95 (4);
Whereas Annex II of Regulation (EEC) No 1863/90 sets out the information to be included in the annual reports submitted by Member States under Article 9 (1) of Regulation (EEC) No 4045/89; whereas this should be amended to provide expressly for the inclusion of the results of the scrutinies carried out;
Whereas errors have been discovered in certain language versions of Annexes III and IV of Regulation (EEC) No 1863/90 which should be corrected; whereas for the sake of clarity it is desirable to replace the whole of the annexes with the corrected versions; whereas the corrected annexes should have effect from the date of entry into force of Regulation (EC) No 2992/95 by which the original annexes were introduced;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Fund Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1863/90 is amended as follows:
1. The following Articles shall be renumbered as follows:
- Article 4a shall become Article 5,
- Article 4b shall become Article 6,
- Article 5 shall become Article 8,
2. The following title, subtitle and Article are added after Article 6:
'TITLE III
Joint actions
Article 7
1. The Commission, on its own initiative, or on the basis of a proposal by a Member State, and with the agreement of the Member States concerned, may decide to coordinate joint actions involving mutual assistance between two or more Member States, as foreseen in Article 7 (1) of Regulation (EEC) No 4045/89, having regard, in particular, to,
- the degree of risk presented,
- the extent of operations, in particular the frequency of intra- and extra-Community trade, and their financial importance,
- the need to achieve a uniform approach.
2. In agreement with the Member States involved, a Member State shall be designated responsible for the management of the joint action. However, each Member State shall remain responsible for carrying out the scrutinies required by Regulation (EEC) No 4045/89, as well as for the resulting consequences.
3. Each Member State involved shall:
- designate those persons or services responsible for carrying out the joint action on its behalf,
- ensure that a sufficient number of adequately experienced officials is made available for the conduct of the joint action,
- ensure that within set time limits the scrutiny is carried out and the report finalised and made available to all participating Member States and to the Commission.`
3. Annex II is replaced by Annex A to this Regulation.
4. Annexes III and IV are replaced by Annexes B and C, respectively, to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
The provisions of Article 1 point 4 are applicable with effect from 30. 12. 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EEC) No 2605/93 of 21 September 1993 opening and providing for the administration of a Community tariff quota for certain melons originating in Israel (1993 to 1994)
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 Article 1 of the Fourth Additional Protocol to the Cooperation Agreement between the European Economic Community and the State of Israel (1) provides for the opening of a Community tariff quota for the import into the Community of 9 500 tonnes of melons, falling within CN code ex 0807 10 90, originating in Israel (from 1 November to 31 May);
Whereas the volume of this tariff quota must be increased by 5 % each year, as from 1 January 1992 by application of Council Regulation (EEC) No 1764/92 of 29 June 1992 amending the arrangements for the import into the Community of certain agricultural products originating in Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria and Tunisia (2);
Whereas, the Community tariff quotas in question should therefore be opened for the period 1 November 1993 to 31 May 1994;
Whereas all Community importers should be ensured equal and continuous access to the said quotas and the duty rates laid down for the quotas should be applied consistently to all imports of the product in question into all Member States until the quotas are exhausted;
Whereas the decision for the opening, in the execution of its international obligations, of tariff quotas should be taken by the Community; whereas, to ensure the efficiency of a common administration of these quotas, there is no reasonable obstacle to authorizing the Member States to draw from the quota-volumes the necessary quantities corresponding to actual imports; whereas this method of administration requires close cooperation between the Member States and the Commission and the latter must in particular be able to monitor the rate at which the quotas are used up and inform the Member States accordingly;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any operation concerning the administration of these quotas may be carried out by any of its members,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 November 1993 to 31 May 1994 the customs duties applicable to imports into the Community of melons originating in Israel shall be suspended, at the levels and within the limits of the Community tariff quota shown below:
/* Tables: see OJ */
Article 2
The tariff quota referred to in Article 1 shall be managed by the Commission, which may take all appropriate administrative measures in order to ensure efficient management thereof.
Article 3
Where an importer enters a product covered by this Regulation under a declaration for free circulation in a Member State and applies to take advantage of the preferential arrangements and that declaration is accepted by the customs authorities the Member State concerned shall, by notifying the Commission, draw an amount corresponding to its requirements from the quota volume.
Requests for drawings, indicating the date of acceptance of the said declarations, must be sent to the Commission without delay.
The drawings shall be granted by the Commission by reference to the date of acceptance of the declaration of entry for free circulation, to the extent that the available balance so permits.
If a Member State does not use the quantities drawn it shall return them to the quota volume as soon as possible.
If the quantities requested are greater than the available balance of the quota volume, the balance shall be allocated among applications pro rata. The Commission shall inform the Member States of the drawings made.
Article 4
Each Member State shall ensure that importers of the product in question have equal and continuous access to the quotas for as long as the balance of the quota volume as permits.
Article 5
The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 6
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 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 September 1993. | [
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Commission Regulation (EC) No 1085/2001
of 1 June 2001
fixing the maximum export refund on wholly milled round grain, medium grain and long grain A rice in connection with the invitation to tender issued in Regulation (EC) No 2283/2000
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Regulation (EC) No 1667/2000(2), and in particular Article 13(3) thereof,
Whereas:
(1) An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 2283/2000(3).
(2) Article 5 of Commission Regulation (EEC) No 584/75(4), as last amended by Regulation (EC) No 299/95(5), allows the Commission to fix, in accordance with the procedure laid down in Article 22 of Regulation (EC) No 3072/95 and on the basis of the tenders submitted, a maximum export refund. In fixing this maximum, the criteria provided for in Article 13 of Regulation (EC) No 3072/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum export refund.
(3) The application of the abovementioned criteria to the current market situation for the rice in question results in the maximum export refund being fixed at the amount specified in Article 1.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The maximum export refund on wholly milled grain, medium grain and long grain A rice to be exported to certain third countries pursuant to the invitation to tender issued in Regulation (EC) No 2283/2000 is hereby fixed on the basis of the tenders submitted from 25 to 31 May 2001 at 225,00 EUR/t.
Article 2
This Regulation shall enter into force on 2 June 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 June 2001. | [
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*****
COUNCIL REGULATION (EEC) No 358/86
of 17 February 1986
repealing, on account of the accession of Portugal, Regulations (EEC) No 1523/85, (EEC) No 1524/85, (EEC) No 1525/85, (EEC) No 1526/85 and (EEC) No 1527/85 opening, allocating and providing for the administration of Community tariff quotas for certain wines falling within subheading ex 22.05 C of the Common Customs Tariff, originating in Portugal (1985/86)
THE COUNCIL 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 268 thereof,
Having regard to the proposal from the Commission,
Whereas, on the basis of the Agreement of 22 July 1972 between the European Economic Community and the Portuguese Republic (1) and the acts annexed thereto, the Community opened, under Regulations (EEC) No 1523/85, (EEC) No 1524/85, (EEC) No 1525/85, (EEC) No 1526/85 and (EEC) No 1527/85 (2), Community tariff quotas for the period 1 July 1985 to 30 June 1986 for Verde, Dão, Port, Madeira and Setubal muscatel wines falling within subheading ex 22.05 C of the Common Customs Tariff, originating in Portugal;
Whereas Article 268 of the Act of Accession provides for the abolition of these quotas with effect from 1 March 1986; whereas the said Regulations should therefore be repealed,
HAS ADOPTED THIS REGULATION:
Article 1
Regulations (EEC) No 1523/85, (EEC) No 1524/85, (EEC) No 1525/85, (EEC) No 1526/85 and (EEC) No 1527/85 are hereby repealed.
Article 2
This Regulation shall enter into force on 1 March 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 17 February 1986. | [
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COMMISSION REGULATION (EC) No 2439/94 of 7 October 1994 on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of boneless beef held by certain intervention agencies and intended for export, and repealing Regulation (EC) No 2130/94
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Regulation (EC) No 1884/94 (2), and in particular Article 7 (3) thereof,
Whereas Commission Regulation (EEC) No 2539/84 of 5 September 1984 laying down detailed rules for certain sales of frozen beef held by the intervention agencies (3), as last amended by Regulation (EEC) No 1759/93 (4), has provided for the possibility of applying a two-stage procedure when selling beef from intervention stocks;
Whereas Commission Regulation (EEC) No 2824/85 of 9 October 1985 laying down detailed rules for the sale of frozen boned beef from intervention stocks for export, either in the same state or after cutting and/or repacking (5), as amended by Regulation (EEC) No 251/93 (6), has provided for repackaging under certain conditions;
Whereas certain intervention agencies hold large stocks of boneless intervention meat; whereas an extension of the period of storage for the meat bought in should be avoided on account of the ensuing high costs; whereas, as there are outlets in certain third countries for the products concerned, part of the meat should be put up for sale in accordance with Regulations (EEC) No 2539/84 and (EEC) No 2824/85;
Whereas with a view to securing a regular and uniform tendering procedure, measures should be taken in addition to those laid down in Regulation (EEC) No 2173/79 (7), as last amended by Regulation (EEC) No 1759/93;
Whereas, it is appropriate to provide for the products to leave the Community within five months following the date of conclusion of the sale contract;
Whereas, as specified in Article 5 of Regulation (EEC) No 2539/84, lodging of securities should be required;
Whereas it is appropriate to specify that, in view of the prices which have been fixed in the context of this sale in order to permit the disposal of certain cuts, exports of such cuts should not be eligible for the refunds periodically fixed in the beef and veal sector;
Whereas products held by intervention agencies and intended for export are subject to the provisions of Commission Regulation (EEC) No 3002/92 (8), as last amended by Regulation (EC) No 1846/94 (9);
Whereas Commission Regulation (EC) No 2130/94 (10) should be repealed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. A sale shall be organized of approximately:
- 10 000 tonnes of boneless beef held by the Irish intervention agency and bought in before 1 June 1993,
- 6 000 tonnes of boneless beef held by the intervention agency of the United Kingdom and bought in before 1 June 1993,
- 500 tonnes of boneless beef held by the Italiani intervention agency and bought in before 1 February 1993.
2. This meat shall be for export.
3. Subject to the provisions of this Regulation, the sale shall take place in accordance with the provisions of Regulations (EEC) No 2539/84, (EEC) No 2824/85 and (EEC) No 3002/92.
The provisions of Commission Regulation (EEC) No 985/81 (11) shall not apply to this sale.
4. By way of derogation from Article 8 (1) of Regulation (EEC) No 2173/79 a tender must be submitted to the intervention agency concerned in a closed envelope, bearing the reference to the Regulation concerned. The closed envelope must not be opened by the intervention agency before the expiry of the tender deadline referred to in paragraph 6.
5. The qualities and the minimum prices referred to in Article 3 (1) of Regulation (EEC) No 2539/84 are given in Annex I hereto.
6. Only those tenders shall be taken into consideration which reach the intervention agencies concerned not later than 12 noon on 18 October 1994.
7. Particulars of the quantities and the places where the products are stored shall be available to interested parties at the addresses given in Annex II.
Article 2
Products sold under this Regulation shall leave the customs territory of the Community within five months following the date of conclusion of the sale contract.
Article 3
1. The security provided for in Article 5 (1) of Regulation (EEC) No 2539/84 shall be ECU 30 per 100 kilograms.
2. The security provided for in Article 5 (2) (a) of Regulation (EEC) No 2539/84 shall be ECU 450 per 100 kilograms of boneless beef referred to under (a) in Annex I and ECU 230 per 100 kilograms of boneless beef referred to under (b) in Annex I.
Article 4
In the case of the meat referred to under 1 (b), and 2 (b) in Annex I no export refund shall be granted.
Article 5
1. In the removal order referred to in Article 3 (1) (b) of Regulation (EEC) No 3002/92, the export declaration, and, where appropriate, the T5 control copy shall be entered:
Productos de intervención [Reglamento (CE) no 2439/94];
Interventionsprodukter [Forordning (EF) nr. 2439/94];
Interventionserzeugnisse [Verordnung (EG) Nr. 2439/94];
Proionta paremvaseos [kanonismos (EK) arith. 2439/94];
Intervention products (Regulation (EC) No 2439/94);
Produits d'intervention [Règlement (CE) no 2439/94];
Prodotti d'intervento [Regolamento (CE) n. 2439/94];
Produkten uit interventievoorraden [Verordening (EG) nr. 2439/94];
Produtos de intervençao [Regulamento (CE) nº 2439/94].
2. With regard to the security provided for in Article 3 (2), compliance with the provisions of paragraph 1 shall constitute a primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 (12).
Article 6
Regulation (EC) No 2130/94 is hereby repealed.
Article 7
This Regulation shall enter into force on 18 October 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 October 1994. | [
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COUNCIL DIRECTIVE of 27 March 1991 amending Directive 75/130/EEC on the establishment of common rules for certain types of combined transport of goods between Member States (91/224/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 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 application of Directive 75/130/EEC (4), as last amended by Directive 86/544/EEC (5), has produced positive results;
Whereas the increasing problems relating to road congestion, the environment and road safety, call, in the public interest, for the further development of combined transport as
a commercially attractive alternative to long-distance intra-Community road haulage;
Whereas the incentive provided by present Community rules for combined transport has not produced all the results expected to arise from the ongoing liberalization of conventional road haulage; whereas these rules accordingly need to be amended in order to make better use of the possibilities offered by the various methods of transport;
Whereas a greater liberalization of road haulage legs to and from inland-waterway ports is likely to encourage the use of combined inland-waterway transport;
Whereas the provisions of the Treaty relating to the freedom to provide services also apply to the field of combined transport; whereas the implementation of those provisions is likely to promote the wider use of combined transport;
Whereas the development of combined transport will help transit across Alpine countries;
Whereas the development of modern methods of transport, which include combined transport, also entails making it easier for such a method to be used by own-account road hauliers,
HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 75/130/EEC is hereby amended as follows:
1. the third indent of Article 1 (1) is replaced by the following:
'- combined transport by inland waterway means the transport of lorries, trailers, semi-trailers with or without tractor, swap bodies and containers of 20 feet or more by inland waterway between Member States, including initial and final road haulage legs within a radius of 150 km as the crow flies from the inland-waterway port of loading or unloading.';
2. Article 6 is replaced by the following:
'Article 6
All hauliers established in a Member State who meet the conditions of access to the occupation and access to the market for transport of goods between Member States shall have the right to carry out, in the context of a combined transport operation between Member States, initial and/or final road haulage legs which form an integral part of the combined transport operation and which may or may not include the crossing of a frontier.';
3. Article 11 is replaced by the following:
'Article 11
Initial or final road haulage legs forming part of combined transport operations shall be exempted from compulsory tariff regulations.';
4. the following Articles are added:
'Article 12
Where, as part of a combined transport operation, the dispatching undertaking carries out the initial road haulage leg for its own account within the meaning of the First Council Directive of 23 July 1962 on the establishment of certain common rules for international transport (carriage of goods by road for hire or reward) (*), the undertaking which is to receive the goods transported may, notwithstanding the definition given in the said Directive, carry out for its own account the final road haulage leg to transport the goods to their destination using a tractor owned by it, bought by it on deferred terms or hired by it pursuant to Council Directive 84/647/EEC of 19 December 1984 on the
use of vehicles hired without drivers for the carriage of
goods by road (**), as amended by Directive 90/398/EEC (***), and driven by its employees, even though the trailer or semi-trailer is registered or hired by the undertaking which dispatched the goods.
The initial road haulage leg in a combined transport operation carried out by the dispatching undertaking using a tractor owned by it, bought by it on deferred terms or hired by it pursuant to Directive 84/647/EEC and driven by its employees, whereas the trailer or
semi-trailer is registered or hired by the undertaking which is to receive the goods transported, shall also, notwithstanding the First Directive of 23 July 1962, be considered an own-account carriage operation if the final road haulage leg is carried out for its own account in accordance with the First Directive by the recipient undertaking.
**(*) OJ No 70, 6. 8. 1962, p. 2005/62.
*(**) OJ No L 335, 22. 12. 1984, p. 72.
(***) OJ No L 202, 31. 7. 1990, p. 46.
Article 13
This Directive is addressed to the Member States.' Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1992. They shall forthwith inform the Commission thereof.
2. When Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
3. Member States shall communicate to the Commission the main provisions of domestic law which they adopt in the field covered by this Directive. Article 3 This Directive is addressed to the Member States.
Done at Brussels, 27 March 1991. | [
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Decision of the European Parliament and of the Council
of 18 December 2003
on the mobilisation of the flexibility instrument in favour of the rehabilitation and reconstruction of Iraq according to point 24 of the Interinstitutional Agreement of 6 May 1999
(2004/155/EC)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(1), and in particular point 24 thereof,
Having regard to the proposal from the Commission(2),
Whereas:
(1) Following the European Council of 19 and 20 June 2003 in Thessaloniki, the Commission proposed that the Community share of the European contribution amount to EUR 200 million over the 2003-2004 period, with EUR 40 million mobilised in 2003 and EUR 160 million in 2004.
(2) The amount foreseen for 2004 was not entered in the preliminary draft budget for 2004. Accordingly, the Commission has proposed to budget the EUR 160 million under the new dedicated budget line created through the amending letter No 1 to PDB 2004 (Article 19 08 07). At the conciliation meeting on 24 November 2003 the European Parliament and the Council accepted this amending letter with an amount of EUR 160 million on the line created for "Aid for rehabilitation and reconstruction of Iraq" and the mobilisation of the flexibility instrument for an amount of EUR 95 million,
HAVE ADOPTED THIS DECISION:
Article 1
For the general budget of the European Union for the financial year 2004 (hereinafter "the 2004 budget"), the flexibility instrument shall be used to provide the sum of EUR 95000000 in commitment appropriations.
This amount shall be used for the financing of the aid for rehabilitation and reconstruction of Iraq, covered by Heading 4 "External actions" of the financial perspective, under the new Article 19 08 07 of the 2004 budget.
Article 2
This Decision shall be published in the Official Journal of the European Union at the same time as the 2004 budget.
Done at Strasbourg, 18 December 2003. | [
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COMMISSION DECISION of 18 December 1990 on applications for assistance from the European Communities concerning exceptional financial support for Greece in the social field submitted by Greece (1990) (Only the Greek text is authentic) (91/23/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 815/84 of 26 March 1984 on exceptional financial support in favour of Greece in the social field (1), as amended by Regulation (EEC) No 4130/88 (2), and in particular Article 7 thereof,
Whereas Greece has submitted, in accordance with Article 6 (1) of Regulation (EEC) No 815/84, applications for financial support to the Commission for the financial year 1990;
Whereas all the necessary conditions for the grant of aid are fulfilled;
Whereas particulars of the individual projects to which this Decision applies are contained in the Annex hereto;
Whereas this Decision is in accordance with the opinion of the Committee set up by Article 10 of Regulation (EEC) No 815/84,
HAS ADOPTED THIS DECISION: Article 1
The amount of aid agreed for each project as well as certain amendments to previous Decisions are given in the Annex to this Decision. Article 2
This Decision is addressed to the Hellenic Republic. Done at Brussels, 18 December 1990. | [
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*****
COMMISSION REGULATION (EEC) No 3502/83
of 12 December 1983
correcting the Danish, German and Italian versions of Regulation (EEC) No 1108/82 determining Community methods for the analysis of wines
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 1595/83 (2), and in particular Article 63 (2) (a) thereof,
Whereas Commission Regulation (EEC) No 1108/82 (3) lays down the Community methods for the analysis of wines; whereas, in order to ensure that that Regulation is applied in a uniform manner throughout the Community, provision should be made for correcting an error of substance which appears in the text in certain languages;
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
The Danish, German and Italian versions respectively of Article 1 (2) of Regulation (EEC) No 1108/82 are hereby replaced by the following:
'2. Paa de omraader, hvor der fastsaettes referencemetoder og saedvanligt anvendte metoder, har de resultater, der opnaas ved anvendelsen af referencemetoderne, forrang.'
'2. Auf den Gebieten, fuer welche Referenzmethoden und gebraeuchliche Methoden festgesetzt werden, haben die mit den Referenzmethoden gewonnenen Ergebnisse Vorrang.'
'2. Per le materie per le quali sono fissati metodi di riferimento e metodi usuali, prevalgono i risultati ottenuti applicando i metodi di riferimento.'
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 December 1983. | [
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COUNCIL DECISION
of 13 September 1999
appointing the Secretary-General, High Representative for the Common Foreign and Security Policy, of the Council of the European Union
(1999/629/EC, ECSC, Euratom)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 30(2) thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 121(2) thereof,
Having regard to the Council Decision 1999/543/EC, ECSC, Euratom of 29 July 1999 extending the term of office of Mr Jürgen Trumpf as Secretary-General of the Council of the European Union(1),
Having regard to Mr Jürgen Trumpf's agreement to relinquish his post on 17 October 1999,
Whereas the new Secretary-General, High Representative for the Common Foreign and Security Policy, of the Council of the European Union should be appointed,
HAS DECIDED AS FOLLOWS:
Article 1
Mr Javier Solana Madariaga is hereby appointed Secretary-General, High Representative for the Common Foreign and Security Policy, of the Council of the European Union for a period of five years with effect from 18 October 1999.
Article 2
Council Decision 1999/543/EC, ECSC, Euratom of 29 July 1999 shall be amended insofar as it runs counter to this Decision.
Article 3
This Decision shall be notified to Mr Javier Solana Madariaga and to Mr Jürgen Trumpf by the President of the Council.
It shall be published in the Official Journal of the European Communities.
Done at Brussels, 13 September 1999. | [
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COMMISSION REGULATION (EEC) No 1870/91 of 28 June 1991 adapting the accession compensatory amounts fixed in the sugar sector by Regulation (EEC) No 581/86
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 469/86 of 25 February 1986 laying down general rules for the system of accession compensatory amounts in the sugar sector (1), and in particular Article 7 (1) thereof,
Whereas Article 238 of the Act of Accession provides for an alignment of the Portuguese prices on the common prices in stages owing to their level in Portugal; whereas this alignment concerns the intervention price for white sugar applicable in that Member State; whereas this price has been fixed for the marketing year beginning on 1 July 1991 by Council Regulation (EEC) No 1718/91 of 13 June 1991 fixing for the 1991/92 marketing year, the derived intervention prices for white sugar, the intervention price for raw sugar, the minimum prices for A and B beet, the threshold prices, the amount of compensation for storage costs and the prices to be applied in Spain and Portugal (2);
Whereas Article 8 of Council Regulation (EEC) No 1716/91 of 13 June 1991 concerning the alignment of the sugar and beet prices applicable in Spain on the common prices (3) provides, in respect of the calculation of the accession compensatory amounts referred to under point 1 of Article 72 of the Act of Accession during the first stage of the said alignment, within the meaning of the said Article, that in so far as sugar is concerned 'common price' shall be understood to mean for Spain the intervention price for white sugar fixed for the non-deficit areas of the Community increased by an amount of ECU 0,28 per 100 kilograms expressed as white sugar for the 1991/92 marketing year and that in so far as beet is concerned 'common price' shall be understood mean for Spain the basic price for beet fixed for the Community increased by an amount of ECU 0,364 per tonne for the 1991/92 marketing year;
Whereas the alignment on 1 July 1991 of the said prices makes it necessary to adapt the accession compensatory amounts applicable to trade with Portugal; whereas to this end and for reasons of clarity it is appropriate to provide for a new Annex, showing the adapted compensatory amounts, to Commission Regulation (EEC) No 581/86 of 28 February 1986 laying down detailed rules for the application of the system of accession compensatory amounts and fixing accession compensatory amounts and fixing accession compensatory amounts in the sugar (4), last as amended by Regulation (EEC) No 1762/90 (5);
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
The Annex to Regulation (EEC) No 581/86 is replaced by the Annex to this Regulation.
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 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 June 1991. | [
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Commission Regulation (EC) No 502/2002
of 21 March 2002
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 Article 1(2) and Article 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 22 March 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 March 2002. | [
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COMMISSION REGULATION (EEC) N° 526/87 of 20 February 1987 laying down certain detailed rules for the application of Council Regulation (EEC) N° 3528/86 on the protection of the Community's forests against atmospheric pollution
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) N° 3528/86 of 17 N°vember 1986 on the protection of the Community's forests against atmospheric pollution(1), and in particular Article 4 (4) thereof,
Whereas, pursuant to Article 4 (2) of Regulation (EEC) N° 3528/86, for the first year of application of the said Regulation experiments and projects are to be submitted to the Commission within three months following the Regulation's entry into force; whereas, therefore, pending the adoption of all the detailed rules for the application of that Regulation, the provisions relating to the submission of the experiments and projects in question should now be adopted;
Whereas applications for aid submitted under the Community scheme for the protection of forests against atmospheric pollution, in respect of experiments in the field and pilot and demonstration projects, should contain all the information needed for an examination of such experiments and projects in the light of the objectives and criteria of Regulation (EEC) N° 3528/86;
Whereas this information should be presented in a standardized form to facilitate examination and a comparison of applications;
Whereas the measures provided for in this Regulation are in accordance with the Committee on Forest Protection,
HAS ADOPTED THIS REGULATION:
Article 1
1. Applications for aid from the Community for the carrying out of:
(a)experiments in the field:
-to improve understanding of atmospheric pollution in forests and its effects on forests,
-to devise methods of maintaining and restoring damaged forests,
(b)pilot and demonstration projects to improve methods of observing and measuring damage to forests,
within the meaning of Article 4 (1) of Regulation (EEC)
N° 3528/86, shall contain the information and documents specified in the Annexes to this Regulation.
2. Applications shall be submitted in triplicate in accordance with the Annexes.
3. Applications not meeting the requirements set out in paragraphs 1 and 2 shall not be considered.
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, 20 February 1987. | [
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COMMISSION DECISION
of 13 March 2008
amending Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC
(notified under document number C(2008) 932)
(Text with EEA relevance)
(2008/222/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (1), and in particular the fourth subparagraph of Article 29(1) thereof,
Whereas:
(1)
Directive 96/23/EC lays down measures to monitor the substances and groups of residues listed in Annex I thereto. Pursuant to Directive 96/23/EC, the inclusion and retention on the lists of third countries from which Member States are authorised to import animals and primary products of animal origin covered by that Directive, are subject to the submission by the third countries concerned of a plan setting out the guarantees which they offer as regards the monitoring of the groups of residues and substances referred to in that Directive.
(2)
Commission Decision 2004/432/EC of 29 April 2004 on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC (2) lists those third countries which have submitted a residue monitoring plan, setting out the guarantees offered by them in compliance with the requirements of that Directive.
(3)
Brazil has submitted to the Commission a new residue monitoring plan concerning honey. The evaluation of that plan demonstrates that it provides sufficient guarantees on the residue monitoring for honey in that third country. In addition, an inspection visit to Brazil has revealed that substantial progress has been made by the competent authority in implementing a comprehensive residues monitoring plan for honey and that that third country now complies with Community requirements for honey. Honey should therefore be included in the list for Brazil in the Annex to Decision 2004/432/EC.
(4)
Decision 2004/432/EC should therefore be amended accordingly.
(5)
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
The Annex to Decision 2004/432/EC is replaced by the text in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 13 March 2008. | [
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*****
COMMISSION REGULATION (EEC) No 102/85
of 15 January 1985
amending Regulation (EEC) No 1928/83 with regard to the final date for distribution of the aid to small-scale milk producers
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1079/77 of 17 May 1977 on a co-responsibility levy and on measures for expanding the markets in milk and milk products (1), as last amended by Regulation (EEC) No 1206/84 (2), and in particular the third paragraph of Article 2a thereof,
Whereas, under the second indent of Article 1 (3) of Commission Regulation (EEC) No 1928/83 (3), as last amended by Regulation (EEC) No 1909/84 (4), the distribution of the amounts among small-scale milk producers must be carried out before 1 November 1984; whereas a number of Member States are finding difficulty in complying with the final date laid down for distribution of the aid; whereas this date should accordingly be postponed,
HAS ADOPTED THIS REGULATION:
Article 1
In the second indent of Article 1 (3) of Regulation (EEC) No 1928/83, '1 November 1984' is hereby replaced by '1 February 1985'.
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 with effect from 1 November 1984.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 January 1985. | [
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Commission Regulation (EC) No 1071/2003
of 20 June 2003
concerning applications for export licences for rice and broken rice with advance fixing of the refund
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Commission Regulation (EC) No 411/2002(2),
Having regard to Commission Regulation (EC) No 1162/95 of 23 May 1995, laying down special detailed rules for the application of the system of import and export licences for cereals and rice(3), as last amended by Regulation (EC) No 2305/2002(4), and in particular the second subparagraph of Article 7(4) thereof,
Whereas:
(1) Article 7(4) of Regulation (EC) No 1162/95 provides, where this paragraph is specifically referred to when an export refund is fixed, for an interval of three working days between the day of submission of applications and the granting of export licences with advance fixing of the refund and provides that the Commission is to fix a uniform percentage reduction in the quantities if applications for export licences exceed the quantities which may be exported. Commission Regulation (EC) No 901/2003(5) fixes refunds under the procedure provided for in the abovementioned paragraph for 500 tonnes for all destinations R02 and R03 defined in the Annex to that Regulation.
(2) For all the destinations R02 and R03, quantities applied for on 18 June 2003 are in excess of the available quantity, a percentage reduction should therefore be fixed for export licence applications submitted on 18 June 2003.
(3) In view of its purpose, this Regulation should take effect from the day of its publication in the Official Journal,
HAS ADOPTED THIS REGULATION:
Article 1
For all the destinations R02 and R03 defined in the Annex to Regulation (EC) No 901/2003, applications for export licences for rice and broken rice with advance fixing of the refund submitted under that Regulation on 18 June 2003 shall give rise to the issue of licences for the quantities applied for to which a percentage reduction of 100 % has been applied.
Article 2
For all the destinations R02 and R03 defined in the Annex to Regulation (EC) No 901/2003, applications for export licences for rice and broken rice submitted from 19 June 2003 shall not give rise to the issue of export licences under that Regulation.
Article 3
This Regulation shall enter into force on 21 June 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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DECISION OF THE MANAGEMENT BOARD OF EUROPOL
of 4 June 2009
on the conditions related to the processing of data on the basis of Article 10(4) of the Europol Decision
(2009/1010/JHA)
THE MANAGEMENT BOARD OF EUROPOL,
Having regard to the Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (1) (hereinafter the Europol Decision) and in particular Article 10(4) thereof,
Whereas:
(1)
It is for the Management Board, acting on a proposal from the Director and after consulting the Joint Supervisory Body, to determine the conditions relating to the processing of data for the purpose of determining whether such data are relevant to Europol’s tasks and can be included in one of its information processing systems, in particular with respect to access to and the use of the data, as well as time limits for the storage and deletion of the data.
(2)
The Management Board, by adopting this Decision, shall take account of the principles of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981 and of Recommendation No R(87)15 of the Committee of Ministers of the Council of Europe of 17 September 1987 regulating the use of personal data in the police sector.
(3)
The Management Board Decision shall be submitted to the Council for approval,
HAS ADOPTED THE FOLLOWING DECISION:
Article 1
Definitions
For the purpose of this Decision:
(a)
‘personal data’ means any information relating to an identified or identifiable natural person: an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;
(b)
‘processing of personal data’ means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;
(c)
‘information processing systems’ means the Europol Information System, the analysis work files and other systems processing personal data, as referred to in Article 10(1) of the Europol Decision;
(d)
‘Europol Information System’ means the system referred to in Article 11(1) of the Europol Decision;
(e)
‘analysis work file’ means a file opened for the purpose of analysis, as referred to in Article 14 of the Europol Decision;
(f)
‘EU bodies’ means institutions, bodies, offices and agencies set up by, or on the basis of, the Treaty on European Union and the Treaties establishing the European Communities, as referred to in Article 22(1) of the Europol Decision;
(g)
‘third parties’ means third States and organisations as referred to in Article 23(1) of the Europol Decision;
(h)
‘duly authorised Europol staff’ means Europol staff designated by the Director to process personal data in accordance with this Decision.
Article 2
Scope
This Decision shall apply to personal data communicated to Europol for the purpose of determining whether such data are relevant to its tasks and can be included in its information processing systems, with the exception of:
(a)
personal data entered into the Europol Information System pursuant to Article 13(1) of the Europol Decision;
(b)
personal data offered by a Member State, an EU body or a third party for inclusion in a specific analysis work file as well as personal data entered into an analysis work file pursuant to Article 14 of the Europol Decision;
(c)
personal data provided to Europol for inclusion in another specific system processing personal data as referred to in Article 10(1) last sentence of the Europol Decision.
Article 3
Access and use
1. Access to personal data processed by Europol under this Decision shall be limited to duly authorised Europol staff.
2. Without prejudice to Article 17 of the Europol Decision, personal data processed by Europol under this Decision shall only be used for the purposes of determining whether such data are relevant for Europol’s tasks and can be included in its information processing systems.
3. Where Europol determines that the data are relevant to its tasks and can be included in the Europol Information System, Europol shall suggest that the providing Member State should input the data in the Europol Information System, in accordance with Article 13(1) of the Europol Decision. If the Member State does not follow Europol’s suggestion, Article 5 of this Decision shall apply.
Article 4
Rules on personal data protection and on data security
1. Europol shall, when processing personal data under this Decision, comply with the rules on personal data protection and on data security laid down in the Europol Decision, in particular Articles 18, 27, and 35 and the rules adopted in the implementation thereof.
2. In case Europol decides to include such data in the information processing systems or to delete or destroy it, it shall inform the providing Member State, EU body or third party thereof.
Article 5
Time limit for the storage of data
1. A decision on the use of personal data in accordance with Article 3(2) shall be taken as soon as possible and in any case not later than six months after such data was received by Europol.
2. In the absence of such a decision upon expiry of the six-month period, the personal data in question shall be deleted or destroyed and the providing Member State, EU body or third party shall be informed thereof.
Article 6
Responsibility
Europol shall be responsible for ensuring compliance with Articles 3, 4 and 5 of this Decision.
Article 7
Entry into force
This Decision shall enter into force on the same day as the date of application of the Europol Decision.
The Hague, 4 June 2009.
Approved by the Council on 30 November 2009. | [
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COUNCIL DECISION
of 21 June 1989
on the conclusion of a Supplementary Protocol to the Agreement between the European Economic Community and the Republic of Iceland concerning the elimination of existing and prevention of new quantitative restrictions affecting exports or measures having equivalent effect
(89/545/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 the Agreement between the European Economic Community and the Republic of Iceland (1), signed in Brussels on 22 July 1972, does not provide for the prohibition of quantitative restrictions affecting exports and measures having equivalent effect;
Whereas it is in the interest of the European Economic Community and the Republic of Iceland to promote the free circulation of raw materials and goods by abolishing any such restrictions and measures and by preventing the creation of new restrictions or measures affecting their mutual trade;
Whereas it is necessary both to make arrangements for a phased abolition of current restrictions affecting certain products or measures having equivalent effect and to provide for safeguard measures in the event either of re-export towards third countries against which the exporting Contracting Party maintains restrictions or measures having equivalent effect or in the event of serious shortage of a particular product;
Whereas under Article 33 (1) of the Agreement, the Contracting Parties may, in the interest of their economies, develop the relations established by the Agreement by extending it to fields not covered thereby;
Whereas the Commission has held negotiations with the Republic of Iceland, which have resulted in a Protocol,
HAS DECIDED AS FOLLOWS:
Article 1
The Supplementary Protocol to the Agreement between the European Economic Community and the Republic of Iceland concerning the elimination of existing and prevention of new quantitative restrictions affecting exports or measures having equivalent effect is hereby approved on behalf of the Community.
The text of the Protocol is attached to this Decision.
Article 2
The President of the Council shall give the notification provided for in Article 4 of the Supplementary Protocol.
Article 3
This Decision shall take effect on the day following its publication in the Official Journal of the European Communities.
Done at Luxembourg, 21 June 1989. | [
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*****
COMMISSION DECISION
of 22 December 1983
amending Decision 82/813/EEC as regards the list of establishments in Yugoslavia approved for the purpose of importing fresh meat into the Community
(84/13/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (1), as last amended by Directive 83/91/EEC (2), and in particular Articles 4 (1) and 18 (1) (a) and (b) thereof,
Whereas a list of establishments in Yugoslavia, approved for the purposes of the importation of fresh meat into the Community, was drawn up initially by Commission Decision 82/813/EEC (3), as last amended by Decision 83/424/EEC (4);
Whereas a routine inspection under Article 5 of Directive 72/462/EEC and Article 3 (1) of Commission Decision 83/196/EEC of 8 April 1983 concerning on-the-spot inspections to be carried out in respect of the importation of bovine animals and swine and fresh meat from non-member countries (5) has revealed that the level of hygiene of certain establishments has altered since the last inspection;
Whereas the list of establishments should, therefore, be amended;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 82/813/EEC is hereby replaced by the Annex hereto.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 22 December 1983. | [
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COMMISSION REGULATION (EC) No 1742/98 of 5 August 1998 imposing a provisional anti-dumping duty on imports of hardboard originating in Brazil, Bulgaria, Estonia, Latvia, Lithuania, Poland and Russia and accepting undertakings offered from certain exporters in connection with those exports
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 905/98 (2), and in particular Articles 7 and 8 thereof,
After consulting the Advisory Committee,
Whereas:
A. PROCEDURE
(1) On 7 November 1997, the Commission announced, by a notice (hereinafter referred to as 'Notice of Initiation`) published in the Official Journal of the European Communities (3), the initiation of an anti-dumping proceeding with regard to imports into the Community of hardboard originating in Brazil, Bulgaria, Estonia, Latvia, Lithuania, Poland and Russia.
The proceeding was initiated as a result of a complaint lodged by the following Community producers: Atex Werke GmbH & Co., Funder Industrie GmbH, Hornitex Werk GmbH, Isoroy SA, Silva Srl, Suomen Kuitulevy OY, Swanboard AB and Techboard Ltd. These producers represented a major proportion of the Community production of hardboard. The complaint contained evidence of dumping of the said product and of material injury resulting therefrom, which was considered sufficient, after consultation, to justify the initiation of a proceeding.
(2) The Commission officially advised the complainant Community producers, exporting producers and importers known to be concerned, the representatives of the exporting countries as well as Community users and suppliers of the initiation of the proceeding. The parties directly concerned were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the Notice of Initiation.
(3) A number of exporting producers in the countries concerned, as well as complainant Community producers, Community users and importers made their views known in writing. All parties who so requested within the above time limit and indicated that there were particular reasons why they should be heard, were granted a hearing.
(4) The Commission sent questionnaires to all parties known to be concerned and received replies from five complaining Community producers, two companies in Brazil, an importer which was related to one of the Brazilian companies, two companies in Bulgaria, one company in Estonia, one company in Latvia as well as a related company located in Latvia, one company in Lithuania, six companies in Poland, and one company in Russia. The Commission also received meaningful and complete replies from six unrelated importers in the Community.
(5) The Commission sought and verified all the information it deemed necessary for the purpose of a preliminary determination of dumping, resulting injury and Community interest, and carried out verifications at the premises of the following companies:
(a) Complainant Community producers
Germany:
- ATEX Werke GmbH & Co., Grafenau;
France:
- Tarnaise des Panneaux SA (Groupe Isoroy SA), Castres,
- Saborec SA (Groupe Isoroy SA), Strasbourg;
Italy:
- Silva Srl, S. Michele Mondovi;
Finland:
- Suomen Kuitulevy OY (Finnish Fibreboard Ltd), Heinola;
United Kingdom:
- Techboard Ltd, Ebbw Vale.
(b) Exporting producers
Brazil:
- Duratex SA, São Paulo,
- Eucatex SA, São Paulo;
Bulgaria:
- Fazerles AD, Silistra,
- Lessoplast AD, Trojan;
Estonia:
- AS Repo Vabrikud, Püssi;
Latvia:
- AS 'Bolderâja`, Riga,
- AS 'Grîva-B`, Riga (company related to AS Bolderâja);
Lithuania:
- JSC Grigiskes, Grigiskes;
Poland:
- Alpex-Karlino SA, Karlino,
- Zaklady Plyt Pilsniowych w Czarnej Wodjie, Czarna Woda,
- Ekoplyta SA, Czarnkow,
- Zaklady Plyt Pilsniowych SA w Przemyslu, Przemys,
- Koniecpolskie Zaklady Plyt Pilsniowych SA, Koniecpol,
- Zaklady Plyt Pilsniowych SA w Krosnie Odrzanskim, Krosno Odrzanskie.
(c) Importers
- Duratex Europe GmbH (related to Duratex SA),
- Lord Forest Products Ltd, United Kingdom.
(6) The investigation of dumping covered the period 1 October 1996 to 30 September 1997 (hereinafter referred to as 'the investigation period` or 'IP`). The examination of injury covered the period 1 January 1993 up to the end of the investigation period.
B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT
1. Product under consideration
(7) The product under consideration in this anti-dumping proceeding is hardboard. Hardboard is defined as fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances and with a density exceeding 0,8 g/cm3, currently classifiable under CN codes ex 4411 11 00 and ex 4411 19 00.
(8) Hardboard is exclusively obtained from a 'wet production process` (as opposed to the dry-process fibreboards described below). Due to the wet production process, one characteristic of hardboard is that in its unworked state the underside of it will have an impression of the woven mesh on which the wood-fibre mattress lay upon entry into the press. In a worked state, this rough surface may be removed in further sanding or finishing processes. The upper surface will correspond to the surface of the press-plate, and is typically smooth.
Hardboard normally has a density of 0,85 to 1,05 g/cm3 and is made in thicknesses between 1,8 to 6,0 mm.
Hardboard is typically used for furniture, in the construction and automotive industries, for door-skins and for packaging, especially fruit and vegetable packaging.
(9) A number of importers and users requested that the product scope of the proceeding should be extended to dry-process fibreboards such as medium and high density fibreboard (MDF/HDF), chipboard and plywood because, according to them, hardboard and these other products together form a single product. It was therefore alleged that the scope of the analysis of dumping, resultant injury and Community interest should also include all these products. In this respect, the following findings were made.
(a) Medium and high density fibreboard (hereinafter referred to as 'MDF/HDF`)
(10) The request for inclusion of MDF/HDF in the scope of the proceeding was based on the grounds that these products can also be made with densities exceeding 0,8 g/cm3, and that they appear to be similar to hardboard due to their general physical characteristics and uses.
However, the Commission found that there are important differences between hardboard and MDF/HDF:
(i) Production process and resulting physical and chemical characteristics, uses
(11) MDF/HDF is obtained from a 'dry production process` as opposed to the 'wet production process` used in the production of hardboard. Although the production process as such is not a determinant factor in the establishment of the scope of the investigation, the different production processes above result in different physical characteristics as in the dry production process both surfaces of the MDF/HDF fibreboard emerge from the presses with the appearance of the pressing plates used; typically both surfaces will be smooth.
(12) Furthermore, the different production process of MDF/HDF, as compared with that of hardboard, results in different physical and mechanical properties of MDF/HDF as compared with hardboard. The most important chemical difference stems from the requirements to add resins to the dry production process.
In the dry-process, additional thermal-hardening resins have to be added to the dried wood fibres in order to assist the bonding process in the press. By contrast, resins tend not to be added to the wet-process wood fibres in order to make hardboard since they would wash away with the water in the press. The maximum amount of resins that can be retained in wet-process hardboard does not exceed one-tenth of the typical resin content of a standard MDF fibreboard, which consists of roughly 13 % resins. It is clear therefore, that there are important chemical differences between hardboard and fibreboard.
(13) Also, hardboard typically has a density of 0,85 to 1,05 g/cm3 whereas most MDF/HDF is less than 0,80 g/cm3 even if the HDF variant of the fibreboard family has, like hardboard, a density exceeding 0,80 g/cm3. Despite this similarity between hardboard and HDF, the latter is quite distinct from hardboard, not only for the chemical reasons common to all dry-process fibreboards as explained above, but also due to differences in physical characteristics, such as the average thickness of HDF panels, which affect the end-uses to which it is put, as explained below.
Hardboard is made in thicknesses between 1,8 to 6,0 mm, while the vast majority of HDF/MDF fibreboard has a thickness exceeding 7 to 8 mm, although it is technically possible to make MDF/HDF with thicknesses down to 1,8 mm.
(14) The nature of the production processes means that raw hardboard will have one smooth surface and one rough surface with a mesh pattern, while raw MDF/HDF will have two smooth surfaces in their unworked states. These differences have certain implications for the end use to which the boards can be put. For example, the fruit-packing trade favours the use of hardboard not only because the rough surface enables easier stacking of fruit boxes without the stacks slipping around while in transit, but also because most thin MDF boards emit formaldehyde at levels which are not considered appropriate for the packaging of foodstuffs.
Furthermore, dry-process fibreboards tend to be more brittle than hardboards of similar thickness. The extra suppleness of hardboard is an important factor in those uses where the board needs to be moulded into the correct shape, such as in the automobile and caravan industry.
Dry-process fibreboard is therefore only in part interchangeable with hardboard, and only for the thin type, i.e. with a thickness lower than 6 mm. The main uses of hardboard are in door-skins, furniture (such as cupboard backs, drawer bottoms and divan frames), picture frames, fruit and vegetable containers and in the automobile industry. As far as the uses of thin MDF are concerned, there is some overlap with those of hardboard, i.e. mainly in the area of backs of furniture and drawer bottoms and picture frames. However, hardboard is not used for the main application of HDF, i.e. as a base for finished boards for floor underlaying (parquet).
(ii) Development of consumption
(15) The lack of interchangeability between hardboard on the one hand and MDF/HDF of the other hand is demonstrated by the fact that despite the strong growth of the dry-process MDF/HDF in recent years, this has not occurred at the expense of the hardboard sector. Consumption of hardboard increased by 20 % since 1993.
(iii) Conclusion
(16) On the basis of the above, it is concluded that hardboard and MDF/HDF are not considered to be a single product for the purpose of this investigation.
(b) Plywood
(17) Like MDF/HDF, plywood belongs to the family of wood-based panels, and is made of wood-based plies which are bonded together. It is situated at the top of the market in terms of both quality and price. In view of the fact that plywood consists of wood-based plies which are bonded together, this is not a fibre-based board, and its physical characteristics differ strongly from hardboard. Although it may be employed in some of the end-uses where hardboard is also used and is interchangeable in those cases, it cannot, in view of the different physical characteristics, be considered to be a single product together with hardboard and therefore was not included in the investigation.
(c) Chipboard
(18) Like MDF/HDF, chipboard belongs to the family of wood-based panels. It is made from wood-chips bonded together with a synthetic thermal-hardening resin under a press. The wood chips are only chopped, not defibrated, and the resulting boards are not as supple nor do they have the bending strength of hardboard. Their surface quality is not comparable with hardboard either.
Although some limited end-uses of chipboard may coincide with those of hardboard, such as backing boards in some furniture, hardboard and chipboard do not form a single product in view of their different physical characteristics.
2. Like product
(19) The Commission found that there were no differences in the basic characteristics and uses of the hardboard imported into the Community from the countries concerned and the hardboard produced by the Community industry and sold on the Community market. The same is true with regard to hardboard produced and sold on the domestic markets of Brazil, Bulgaria, Estonia, Latvia, Lithuania and Poland (the latter served also as an analogue country for imports from Russia). It was therefore concluded that both the hardboard produced and sold by the Community industry on the Community market and the hardboard produced and sold on the domestic markets of Brazil, Bulgaria, Estonia, Latvia, Lithuania and Poland were, within the meaning of Article 1(4) of Regulation (EC) No 384/96 (hereafter referred to as the 'Basic Regulation`), alike to the hardboard imported into the Community from the six countries subject to investigation.
(20) The Brazilian exporters, as well as a number of users of hardboard, in particular manufacturers of door-skins, claimed that Brazilian hardboard, which is exclusively made with eucalyptus wood, a type of hardwood, is not a like product with the product produced by the Community industry and should be excluded from the scope of the investigation.
Among the exporting producers concerned by this investigation, only the Brazilian exporters supply hardboard made from eucalyptus to the Community. As far as Community production is concerned, there are two producers of eucalyptus hardboard in the Community, both situated on the Iberian peninsula, although neither of them participated in the complaint which led to the initiation of this proceeding.
(21) The Commission's analysis showed that hardboard can be made of softwood or hardwood species of wood, or of a mixture of both. Hardwood species tend to give rise to tougher boards. The investigation found that hardboard made from eucalyptus wood has a number of particularities as compared to other hardboards. First, its especially short fibres give the finished hardboard a very regular appearance, high density and stronger tensile properties than non-eucalyptus hardboard. The eucalyptus tree has hardly any bark, a factor which ensures that blemished in the pressed board are kept a minimum.
These characteristics make eucalyptus hardboard well suited to end-uses requiring a smooth, regular and blemish-free surface aspect. The main use is as door-skins for high-quality, finished doors. It is recognised in the wood-panels industry that eucalyptus hardboard has the characteristics appropriate for the production of these higher-quality lacquered door-skins. For unfinished doors, which pre-painted in white but which require finishing by the final customer, door-skins made with different types of wood are used.
Moreover, during the investigation period, eucalyptus hardboard was used to a minor extent for certain applications in the automobile industry and, as far as off-cuts of hardboard sheets corresponding to the full size of the press plate are concerned, for fruit and vegetable containers.
(22) Although eucalyptus hardboard is currently used in the production of lacquered door-skins, its properties do not technically rule out its use in any areas in which other hardboards are also used as the basic chemical and physical characteristics of hardboard made from eucalyptus are similar to those of hardboard made of other types of wood; indeed, information available to the Commission (see recital 107) shows that two-thirds of imports into the Community of eucalyptus hardboard from Brazil compete with sectors other than lacquered door-skins.
(23) It follows from the above that the hardboard produced by the Community industry and the eucalyptus hardboard produced and exported by Brazilian exporting producers, to a significant extent, share the same basic physical characteristics and uses and are therefore alike within the meaning of Article 1(4) of the Basic Regulation.
C. DUMPING
1. General methodology
(24) This section explains the general methodology used to establish whether the imports into the Community of the product under investigation have been dumped. Specific issues raised by the investigation for each country concerned are described in Section 2.
(a) Normal value
(25) Normal value has been established for every exporting producer following the methodology described in this section, with the exception of Russia for which, according to Article 2(7) of the Basic Regulation, normal value had to be established by reference to a market economy third country. The methodology used in the case of Russia is described in recital 71.
(i) Representativeness
(26) In accordance with Article 2(2) of the Basic Regulation, the Commission first examined whether the domestic sales of hardboard by each exporting producer were representative. This was the case when the total volume of such sales was equal to or higher than 5 % of the total volume of the respective export sales to the Community.
(ii) Type comparability
(27) Due to the different types of the product in question, hardboard produced in the countries concerned was classified according to the following characteristics:
- whether the hardboard was unworked (i.e. standard raw hardboard or hardboard with different basic treatments like sanded, perforated etc.) or worked (i.e. hardboard that has been lacquered, painted, printed, etc.),
- thickness, and
- measures, i.e. standard or cut-to-size.
Hardboard types were considered as being directly comparable if they shared all the above characteristics.
Where it was found that a hardboard type as available in different qualities, only hardboards sharing the above characteristics and having the same quality were considered directly comparable.
(iii) Type specific representativeness
(28) Domestic sales of a particular type were considered as sufficiently representative when the volume of hardboard of that type sold on the domestic market during the IP represented 5 % or more of the volume of hardboard of the comparable type sold for export to the Community.
(iv) Ordinary course of trade test
(29) The Commission subsequently examined whether the domestic sales of each type exported could be considered as being made in the ordinary course of trade, by establishing the proportion of profitable domestic sales of the comparable type:
(a) In cases where the volume in m2 of a type of hardboard sold at a net sales price equal to or above the calculated cost of production represented more than 80 % of the total sales volume in m2, normal value of this type of hardboard was based on the actual domestic price, calculated as a weighted average of the prices of all domestic sales transactions during the investigation period, whether profitable or not.
(b) In cases where the volume in m2 of a type of hardboard sold at a net sales price equal to, or above, the calculated cost or production represented 80 %, or less, but equal to, or more, than 10 % of the total sales volume in m2, normal value of this type of hardboard was based on the weighted average price of profitable domestic sales only.
(c) In cases where the volume in m2 of a type of hardboard sold at a net sales price equal to or above the calculated cost of production represented less than 10 % of the total sales volume in m2, it was considered that the type of hardboard was not sold in the ordinary course of trade and that the domestic sales price did not provide an appropriate basis for the normal value.
(v) Normal value based on actual domestic price
(30) When the requirements set out in recitals 26, 27, 28 and 29(a) and (b) above were met, normal value was established for the type in question on the basis of the prices paid or payable, in the ordinary course of trade, by independent customers in the domestic market of the exporting country as set out in Article 2(1) of the Basic Regulation.
(vi) Normal value based on constructed value
(31) In all other cases normal value was constructed. In this respect it should be noted that the normal value could not be established on the basis of prices of other sellers or producers, as an alternative to constructed normal value. This is due to the fact that in practically all cases, the other cooperating exporting producers did not sell at all the corresponding product types or not in representative quantities or not in the ordinary course of trade.
The constructed normal value was determined by adding to the manufacturing costs of the exported types, a reasonable percentage for selling, general and administrative (hereafter referred as 'SG& A`) expenses and a reasonable margin for profit.
For this purpose, the Commission examined whether the SG& A expenses incurred and the profit realised by each of the exporting producers concerned on the domestic market could be used. With regard to every exporting producer, it was found that SG& A and profit could be based on its own data concerning domestic sales of the like product, pursuant to Article 2(6) of the Basic Regulation.
(b) Export price
(32) In all cases where exports of the product concerned were made to independent customers in the Community, the export price was established in accordance with Article 2(8) of the Basic Regulation, i.e. on the basis of export prices actually paid or payable.
In those cases in which the export price was considered to be unreliable because the sale was made to a related party, an export price was constructed pursuant to Article 2(9) of the Basic Regulation, i.e. on the basis of the price at which the imported products were first resold to an independent buyer in the Community. In such cases, adjustments were made for all costs incurred between importation and resale and for profits accruing, in order to establish a reliable export price at the Community frontier level.
(c) Comparison
(33) For the purpose or ensuring a fair comparison between the normal value and the export price, due allowance in the form of adjustments was made for differences affecting price comparability in accordance with Article 2(10) of the basic Regulation.
Accordingly, allowances for differences in transport, insurance, handling, loading and ancillary charges, import charges and indirect taxes, packing costs, credit, commissions, discounts and rebates, after sales costs and currency conversion have been granted where applicable and justified.
The comparison between normal value and export price was made on an ex-factory basis and at the same level of trade.
(d) Dumping margins with regard to market economy countries subject to investigation
(i) Dumping margin for companies investigated
(34) According to Article 2(11) of the Basic Regulation, for establishing the dumping margin the weighted average normal value by type, as determined in accordance with recitals 25 to 31, was compared with the weighted average export price, as determined in accordance with recital 32. Since the dumping margins per type varied, a weighted average dumping margin was established.
(ii) Dumping margin for non-cooperating companies
(35) For those exporting producers which neither replied to the Commission's questionnaire nor otherwise made themselves known, the dumping margin was established on the basis of the facts available, in accordance with Article 18(1) of the Basic Regulation.
For each country subject to investigation, a comparison of the total exports of the country according to Eurostat with the volume of exports to the Community reported by the cooperating exporting producers was made in order to establish the overall level of cooperation. With regard to all countries subject to investigation, except for Russia, it was found that the overall level of cooperation was high. Therefore, it was considered appropriate to set the dumping margin for the non-cooperating companies in the countries with high cooperation at the level of the highest or the sole dumping margin established for a cooperating company in the country in question. Indeed, there is no reason to believe that a non-cooperating exporting producer in any exporting country concerned had dumped at a lower level than a cooperating exporting producer in the same country. The above approach was also considered necessary in order to avoid creating a bonus for non-cooperation and an opportunity for circumvention.
(e) Dumping margins with regard to Russia
(36) In line with the provisions of Article 9(5) of the Basic Regulation, a single country-wide dumping margin was established for this country.
2. Specific issues raised by the investigation with regard to the establishment of dumping for each of the countries concerned
(a) Brazil
(i) Normal value
(37) Normal value was established according to the general methodology outlined in recitals 25 to 31. For both exporting producers, depending on the product types, normal values based on domestic sales prices and constructed values have been determined.
(ii) Export price
(38) For exports made to unrelated importers the export prices were established according to the general methodology outlined in recital 32, i.e. on the basis of the prices actually paid or payable. The exports by one of the Brazilian companies were partially made to a related importer in the Community and therefore the corresponding export price was constructed pursuant to Article 2(9) of the Basic Regulation, as set out also in recital 32.
(iii) Comparison
(39) According to the general methodology outlined in recital 33, allowances for differences in import charges and indirect taxes, rebates, transport, insurance, handling, loading and ancillary costs, credit costs, after sales costs and commissions have been granted where applicable and justified.
Allowance for currency conversion
(40) In view of the revaluation of the Brazilian Real as compared to some of the currencies in which export sales were invoiced, one Brazilian exporting producer requested an allowance for currency conversion. The requested allowance was based on the claim that the date of sale should not be the date of invoice but the date of contract. However, the Brazilian exporting producer was not able to demonstrate that the date of contract more appropriately established the material terms of sale. In particular, it should be noted in this respect that:
- in some instances no evidence of the existence of a contract concluded prior to the delivery was furnished,
- the contracts submitted were only framework contracts; in particular the quantities to be delivered and the dates of delivery were not determined in these contracts in a definitive manner.
However, the Commission found for several currencies in which the exports were invoiced that a sustained movement in exchange rates occurred during the investigation period. Therefore the Commission made an allowance for currency conversion for both Brazilian exporting producers in accordance with Article 2(10)(j) of the Basic Regulation by granting the exporters 60 days to reflect such movement.
Allowance for financial income resulting from export credits
(41) One Brazilian exporting producer claimed an allowance based on a credit scheme of the Brazilian Government under which a Brazilian bank buys in advance the value of an export transaction made in foreign currencies in order to pre-finance the purchase of raw materials and the production costs of the goods to be sold abroad. Through this scheme, the company was able to obtain an advance in local currency at an advantageous interest rate. As the Brazilian company maintains sufficient liquidity to finance its production costs, it placed the amount advanced at higher interest rates on the domestic capital market. The company claims that the financial gains of this operation should be added to the ex-works value of the export transactions. However, these benefits resulted from a financial operation under the export credit scheme and are not taken into account in the determination of the prices charged. Therefore, the scheme does not affect price comparability. The claim should, consequently, be rejected.
Allowance for financing expenses related to stockholding for sales on the domestic market
(42) One Brazilian exporting producer claimed an adjustment to its normal value on the basis that its domestic sales are made from stock, therefore incurring expenses to finance this stock, whereas for the export market it produces to order. Financial expenses of the type described above do not qualify for an adjustment pursuant to Article 2(10) of the Basic Regulation. This is in particular true for adjustments pursuant to Article 2(10)(k) since the company did not demonstrate that this difference affects price comparability: in particular, it has not been shown that customers pay consistently different prices on the domestic market because of this factor.
Allowance for commissions for sales on the domestic market
(43) One Brazilian exporting producer claimed an adjustment for commissions paid in relation to its domestic sales. The commissions in question constitute a variable part of the salary of the sales force of the company in charge of the domestic market and have the function of an incentive.
Such payments do not qualify for an adjustment pursuant to Article 2(10) of the Basic Regulation since the system of remuneration of the sales force of the company does in principle not affect price comparability; in particular, the company has not shown that customers consistently pay different prices on the domestic market because of this factor.
(iv) Dumping margin
(44) The dumping margins expressed as a percentage of the cif import price at the Community border duty unpaid are the following:
TABLE
(b) Bulgaria
(45) In view of the high inflation prevailing in Bulgaria during the investigation period, the ordinary course of trade test was carried out on a monthly basis and normal values were also established on a monthly basis. The same is true with regard to the comparison between the normal value and the export price.
(i) Normal value
(46) Domestic sales of each exporting producer were, on an overall basis, representative. Normal value was established on a monthly basis according to the general methodology outlined in recitals 25 to 31. Consequently, for those exported product types, which were sold on the domestic market in representative quantities and in the ordinary course of trade, monthly normal values were calculated on the basis of the corresponding domestic prices. In those cases where normal value had to be constructed, monthly cost of production and monthly domestic profit margins were used.
(ii) Export price
(47) All sales of the product concerned made by the two Bulgarian exporting producers to the Community market were made to independent customers. Export price was established according the general methodology outlined in recital 32, i.e. on the basis of the prices actually paid or payable.
(iii) Comparison
(48) According to the general methodology outlined in recital 33, allowances for differences in transport, insurance, handling, loading and ancillary expenses, packing costs, credit costs and commissions have been granted where applicable and justified.
One of two cooperating Bulgarian exporting producers did not provide sufficient evidence concerning differences affecting price comparability as far as some adjustments to express export sales on an ex-factory basis were concerned. In this respect, it was considered that the information submitted by the other Bulgarian company would constitute the most reasonable basis for making the necessary adjustments.
(iv) Dumping margin
(49) The dumping margins expressed as a percentage of the cif import price at the Community border duty unpaid are the following:
TABLE
(c) Estonia
(i) Normal value
(50) The Estonian exporting producer only exported one hardboard type to the Community. Normal value was established on the basis of the actual price for all domestic sales of this hardboard type according to the general methodology outlined in recitals 25 to 31.
(ii) Export price
(51) All sales of the product concerned made by the Estonian exporting producer to the Community were made to independent customers. The export price was established, therefore, according to the general methodology outlined in recital 32, i.e. on the basis of the prices actually paid or payable.
(iii) Comparison
(52) According to the general methodology outlined in recital 33, allowances for differences in transport, insurance, handling, loading and ancillary expenses, credit costs and packing have been granted where applicable and justified.
The Estonian exporting producer claimed an adjustment to normal value for differences in levels of trade. However, the investigation revealed that there was neither a difference in functions performed by the company nor a consistent and distinct difference in prices for the alleged different levels of trade in the domestic market of the exporting country. Therefore, the requested adjustment was not granted.
(iv) Dumping margin
(53) The dumping margins expressed as a percentage of the cif import price at the Community border duty unpaid are the following:
TABLE
(d) Latvia
(i) Normal value
(54) The Latvian exporting producer investigated had a significant shareholding in another domestic hardboard producer. This other domestic producer undertook the finishing of certain hardboard types exported to the Community. Therefore, for such product types, in order to establish normal value, the representativeness test and the ordinary course of trade tests were carried out on the basis of the joint domestic sales volumes and the aggregated cost of production of both companies, for each of the product types manufactured by the two companies.
In all other aspects, normal value was established according to the general methodology outlined in recitals 25 to 31.
Where applicable, the normal value was constructed by adding to the cost of manufacture of the exported types of both companies, a reasonable amount for SG& A and a reasonable amount for profit. Since the global domestic sales were representative, the weighted average domestic SG& A incurred by the exporting producer and the related domestic producer were used. The profit margin used was the weighted average profit margin achieved by the exporting producer and the related domestic producer on domestic sales of the product concerned made in the ordinary course of trade, in accordance with Article 2(6) of the Basic Regulation.
(ii) Export price
(55) Part of the Latvian producer's export sales were made to a customer in the Community which had a small shareholding in the Latvian producer (significantly less than 5 %). Since a comparison of the terms of these export sales with those of other export sales to independent customers showed that the former have been made on an arm's length basis, it was decided to establish the export price for all export transactions by reference to the prices actually paid or payable, in accordance with Article 2(8) of the Basic Regulation as outlined in recital 32.
(iii) Comparison
(56) According to the general methodology outlined in recital 33, allowances for differences in transport, insurance, handling, loading and ancillary expenses as well as credit costs have been granted where applicable and justified.
Allowance for currency conversion
(57) In view of the revaluation of the Latvian Lat as compared to some of the currencies in which export sales were invoiced, the Latvian exporting producer requested an allowance for currency conversion. The requested allowance was based on a comparison of the amount in Lats the company would have obtained using the exchange rate applicable at the time of the conclusions of the contract and the amount actually obtained. However, it was found that the contracts submitted by the Latvian exporting producer did not properly reflect the material terms of sale and that the date of invoice more appropriately established these terms. In particular, the terms of the contracts have been changed during their period of validity. Consequently, it was found that the date of sale should be the date of invoice. Moreover, as the conditions for making an adjustment for a sustained movement in exchange rates were not met, the claim has been rejected.
(iv) Dumping margin
(58) The comparison showed the existence of dumping. The dumping margins expressed as a percentage of the cif import price at the Community border duty unpaid are the following:
TABLE
(e) Lithuania
(i) Normal value
(59) Normal value for the Lithuanian exporting producer investigated was established according to the general methodology outlined in recitals 25 to 31. On this basis, normal value was established by reference to domestic sales prices for two product types, while for a third type, normal value had to be constructed.
(ii) Export price
(60) All sales of the product concerned made by the Lithuanian exporting producer to the Community were made to independent customers. The export price was established, therefore, according to the general methodology outlined in recital 32, i.e. on the basis of the prices actually paid or payable.
(iii) Comparison
(61) According to the general methodology outlined in recital 33, allowances for differences in transport, handling, loading and ancillary expenses, credit costs, packing, commissions and currency conversions have been granted where applicable and justified.
Allowance for level of trade
(62) The Lithuanian exporting producer requested an adjustment to normal value for differences in levels of trade by claiming that export sales in the Community were made to distributors and wholesalers, who bought large quantities, while sales on the domestic market were made to distributors, retailers, processors and final users. However, the company could neither demonstrate that there was a difference in functions performed by it or that there was a consistent and distinct difference in prices for the different levels of trade in the domestic market of the exporting country. Therefore, the adjustment requested could not be granted.
Allowance for currency conversion
(63) In view of the revaluation of the Lithuanian Lita as compared to some of the currencies in which export sales were invoiced, the Lithuanian exporting producer requested an allowance for currency conversion. The requested allowance was based on a comparison of the amount in Litas the company would have obtained using the exchange rate applicable at the time of the conclusion of the contract and the amount actually obtained (i.e. using the exchange rate applicable on the date of payment). However, it was found that the contracts submitted by the Lithuanian exporting producer did not properly reflect the material terms of sale and that the invoice more appropriately established these terms.
However, the Commission found that a sustained movement in exchange rates occurred during the investigation period for several currencies in which the exports were invoiced and made an allowance for currency conversion in accordance with Article 2(10)(j) of the Basic Regulation by granting the exporter 60 days to reflect such movement.
(iv) Dumping margin
(64) The comparison showed the existence of dumping. The dumping margins expressed as a percentage of the cif import price at the Community border duty unpaid are the following:
TABLE
(f) Poland
(i) Normal value
(65) Normal value was established according to the general methodology outlined in recitals 25 to 31. For all six Polish exporting producers, depending on the product types, normal values based on domestic sales prices and constructed values have been determined.
One of the Polish exporting producers requested an adjustment to its normal value for start-up operations concerning the production of worked hardboard. The adjustment claimed was equivalent to the reduction in the unit cost of production of worked hardboard that would have been obtained with a capacity utilisation of 70 %. However, on the basis of the information submitted by the company, it was found that any reasonable length of the start-up phase expired before the investigation period. Furthermore, there was no subsequent increase in the capacity utilisation which, during the investigation period, remained at the level of 20 %. Under these circumstances no start-up cost adjustment could be granted.
(ii) Export price
(66) All sales of the product concerned made by the six Polish exporting producers to the Community market were made to independent customers. The export prices for the six companies were established, therefore, according to the general methodology outlined in recital 32, i.e. on the basis of the prices actually paid or payable.
(iii) Comparison
(67) According to the general methodology outlined in recital 33, allowances for differences in physical characteristics, import charges, transport, handling, loading and ancillary expenses, discounts, ancillary cost, credit costs, packing, commissions and currency conversions have been granted where applicable and justified.
(iv) Dumping margin
(68) The comparison showed the existence of dumping. The dumping margins expressed as a percentage of the cif import price at the Community border duty unpaid are the following:
TABLE
(g) Russia
(i) Analogue country
(69) Since Russia falls under the provision of Article 2(7) of the Basic Regulation, it was necessary to establish normal value by reference to a market economy third country, i.e. an analogue country. The United States of America, Chile and Argentina were proposed by the complainants as possible analogue countries. However, no cooperation could be obtained from producers of hardboard located in any of these countries. Under these circumstances it was decided to have recourse to a country subject to the investigation.
In this respect, the Russian authorities proposed a central and eastern European country (CEEC), in particular Bulgaria, as a more appropriate choice.
The Russian authorities were requested to explain the reasons which gave rise to propose Bulgaria and to submit specific information on the appropriateness of this country. However, so far, no reply has been received.
Of the CEECs subject to the investigation, Poland was considered the most adequate analogue country. First, the domestic Polish market is the biggest in size and it is characterised by a significant number of local competing producers. The volume of Polish domestic sales is more than three times that of other CEECs subject to investigation, and it is representative when compared to imports from Russia into the Community. Second, the Polish market is also open to imports of hardboard from other countries. In this respect, it should be noted that the conventional import duty applicable to hardboard in Poland is 9 %. Imports of hardboard from the Community and from EFTA countries are subject to a duty of 1,8 %, and imports of hardboard from developing countries and certain CEECs (like the Czech Republic, Hungary, Slovakia, Latvia, etc.) are duty free. Under these circumstances, Poland was considered as an appropriate market economy third country for the purpose of establishing normal value for Russia, in accordance with Article 2(7) of the Basic Regulation.
(ii) Level of cooperation
(70) Only one Russian producer exporting to the Community during the investigation period responded to the questionnaire. On the basis of the import volumes reported by Eurostat, this company represented significantly less than 10 % of the total imports of Russian hardboard into the Community during the investigation period. Furthermore, the Russian company exported only one category of hardboard, i.e. unworked hardboard, whereas Eurostat reported imports of the two categories of the product concerned, unworked and worked hardboard.
In the light of this lack of cooperation and in accordance with Article 18 of the Basic Regulation, the findings with regard to the remaining imports from Russia were made on the basis of the facts available.
(iii) Normal value
(71) Normal value for Russia was calculated on the basis of the weighted average of the normal values established for the cooperating Polish companies, as described in recital 65. The normal value for the product type exported by the cooperating Russian company was calculated on the basis of the weighted average normal value of the identical product type of the cooperating Polish exporting producers. The normal value for the remaining unworked hardboard originating in Russia was calculated on the basis of the weighted average normal value of all unworked product types of the cooperating Polish companies exported to the Community. The normal value for worked hardboard originating in Russia was calculated on the basis of the weighted normal value of all worked product types of the cooperating Polish companies exported to the Community.
(iv) Export price
(72) Russian exports to the Community, for which information in reasonable detail was submitted in the course of the investigation, were made directly to independent importers in the Community. Consequently, the export price of those transactions was established by reference to the prices actually paid or payable by independent importers to the sole known Russian exporter for the hardboard sold.
For all other imports from Russia, which represent more than 90 % of the total import volume from Russia, it was provisionally concluded that the export prices should be based on Eurostat. In this respect, however, it should be noted that there are some doubts as to the appropriateness of Eurostat data (inter alia because Eurostat does not distinguish between the various hardboard product types and the product concerned does not cover a full CN code). This is why the matter will be examined further in the course of the investigation.
(v) Comparison
(73) The comparison of normal value and export price was made on the basis 'fob Polish border` and 'fob Russian border` respectively. With regard to normal value, all allowances granted to the Polish exporting producers were also used for the establishment of normal value for Russia. Subsequently, the necessary adjustments have been made in order to bring the normal values to a level 'fob Polish border`.
With regard to the export price, adjustments have been made in order to take account of transport and insurance costs. These costs have been calculated on the basis of the information submitted by a cooperating independent importer.
(vi) Dumping margin for Russia
(74) The comparison, as described above, showed the existence of dumping in respect of imports of hardboard from Russia. A single dumping margin has been calculated for Russia: 31,1 %.
D. INJURY
1. Preliminary remark
(75) Import-related injury indicators concerning the entire period under examination have mostly been given on a per tonne basis because information for the years preceding the investigation period has mainly been taken from Eurostat which provides such data in tonnes only. For the sake of accuracy, injury indicators relating to the development of the Community industry's sales volumes and sales prices as well as non-complainant Community producers' prices have been given in square metres since this is the measurement used by the entire industry (including the exporting producers). In any event, had the figures expressed below in square metres been converted into tonnes, the assessment and the conclusions on injury would not have been different. It should finally be noted that figures concerning undercutting and injury margins are based on data which were obtained on a per square metre basis.
2. Definition of the Community industry
(76) Five of the eight complaining Community producers responded to the Commission's questionnaire within the deadline set. The remaining producers did not cooperate in the investigation. The five cooperating producers represented 43 % of the total Community production of the product concerned in the investigation period; of the non-complaining producers only one, representing around 5 % of the Community production, opposed the complaint as regards imports from Brazil. The cooperating Community producers therefore represent a major proportion of the Community production and thus the Community industry in accordance with Articles 4(1) and 5(4) of the Basic Regulation. Hereafter, the expression 'Community industry` will refer only to these cooperating five producers.
3. Consumption
(77) Total Community production of the product concerned, including cooperating and non cooperating producers, developed from 668 900 tonnes in 1993 to 777 000 tonnes in the investigation period.
(78) On the basis of Community production as determined above plus total Community imports minus total Community exports, Community apparent consumption was determined. It increased by 20 % from 989 497 tonnes in 1993 to 1 188 557 tonnes by the end of the investigation period.
4. Imports from the countries concerned
(a) Cumulation
(79) It was examined whether the effect of imports of hardboard originating in the countries concerned should be assessed cumulatively, in accordance to Article 3(4) of the Basic Regulation.
The cooperating Brazilian exporters argued that imports into the Community from Brazil should not be cumulated with imports from the other countries concerned in the proceeding, as the conditions of competition between Brazilian hardboard and that from these other countries and Community-produced hardboard were different. They argued that hardboard produced in Brazil and exported to the Community is different in physical characteristics and quality from the hardboard produced in the other countries subject to the present investigation, and is sold therefore on different markets at different prices and through different sales channels. Moreover, they argued that the volume and market share of these imports show, during the period under examination, a divergent trend from that of the other countries concerned.
In this respect, it should be noted that the margins of dumping established for the Brazilian exporters concerned are well above the de minimus level set in Article 9(3) of the Basic Regulation; further, the share of the Community market represented by these imports, it not negligible in the sense of Article 5(7) of the Basic Regulation. The same is true with regard to imports from other countries concerned. Finally, with regard to the conditions of competition between Brazilian hardboard and that of the other countries and Community-produced hardboard, it has been established above in the discussion of like product issues, that hardboard of Brazilian origin competes with hardboard imported into the Community from the other countries subject to investigation and with Community production. It has also been established that the imports from all the countries concerned, including Brazil, undercut the Community industry prices (see recital 82). The conditions of Article 3(4) of the Basic Regulation for the cumulative assessment of the impact of imports of the product concerned from Brazil with those from the other countries concerned are fulfilled.
(b) Development of volumes, values and market shares
(80) The volume of imports from the countries concerned increased by 18 % over the period examined, from 234 083 tonnes in 1993 to 276 992 tonnes in the investigation period. The corresponding value developed from ECU 46 824 000 to ECU 64 828 000, with an increase of 38 % in percentage terms.
The market share of those imports rose from 23,7 % in 1993 to 27,7 % in 1995, to return to about its previous level in the investigation period, when it was 23,3 %.
(c) Development of prices
(81) Company data on the export sales prices of individual product types are not available for the periods prior to the investigation period. To identify the trend of the development of prices for the period since 1993, recourse was had to Eurostat information on unit values.
The information available showed that the average unit values of imports from the countries concerned rose steadily throughout the period, from ECU 200 to ECU 234 per tonne. In index terms, they rose from 100 in 1993 to 117 at the end of the investigation period. However, in the investigation period imports from all the countries concerned were still undercutting the Community industry's prices, as explained below.
(d) Price comparison, price undercutting
(82) Price undercutting was established on the basis of a comparison of the prices of the Community producers and the cif export prices, Community frontier duty paid, at the same level of trade, for the imports from the countries concerned.
Throughout the comparison, to the greatest extent possible, the prices of similar product types were compared. The export transactions used for the comparison represent a share of at least 21 % of the total exports of each exporting producer concerned, and at least 78 % of total exports for each country concerned.
The levels of price undercutting were found to be as follows:
TABLE
5. Situation of the Community industry
(a) General
(83) The information below does not include one of the cooperating complainant Community producers, the British producer Techboard Ltd. This company started the production of hardboard in December 1995. During the investigation period, the company was not only far from full capacity utilisation, but was also unable to match even its variable costs with its sales prices. Techboard's performance was therefore not considered as sufficiently representative to be aggregated with that of the other Community producers, and its figures, particularly its significant financial losses, would distort the picture of the situation of the Community industry. Data relating to this company have not, therefore, been taken into consideration for assessing injury.
(b) Production and capacity utilisation
(84) Production showed a 2 % decline, from 308 259 tonnes in 1993 to 302 653 in the investigation period. Production capacity remained stable at 412 083 tonnes, while the level of utilisation decreased slightly from 75 to 73 %.
(c) Sales in the Community: volume and market share
(85) Sales volumes in the Community in m2 increased by 13 % over the period examined, from about 91,6 million in 1993 to 103,6 million in the investigation period. The Community industry's market share decreased from 28% in 1993, to 25,3 % in 1995, then picked up to 26,9 % in 1996, decreasing again to 26,4 % in the investigation period.
(d) Sales in the Community: turnover and prices
(86) Sales turnover decreased by 5 %, from ECU 101,7 million 1993 to ECU 96,3 million in the investigation period. Average unit prices fell by 16 % from ECU 1,11 per m2 to ECU 0,93 per m2 over the same period.
(e) Production cost
(87) Average production cost increased from ECU 379 per tonne in 1993 to ECU 400 per tonne in 1995, falling back to ECU 380 per tonne in the investigation period. These developments in unit costs did not depend on raw material price variations, but reflected the productivity of the industry, which decreased between 1993 and 1995, then recovered thanks to an effort from the industry to improve its efficiency.
(f) Profitability
(88) The Community industry was never profitable in the period under examination, with losses increasing from 8,1 % of turnover in 1993 to 12,7 % in 1994. After improving slightly in 1995, when they made losses of 10,9 %, the Community industry's losses worsened to 12,6 % in 1996, finally reaching 13 % in the investigation period. This negative development was a result of a price decline in excess of the fall in unit production costs which the Community industry achieved from 1995 onward.
(g) Employment
(89) Employment relating to the product concerned fell steadily by 13 % over the period examined, from 1 054 employees in 1993 to 912 in the investigation period.
(h) Investment
(90) Investment was substantially reduced from ECU 4,3 million in 1993 to ECU 2,9 million in the investigation period, a fall of 33 % over the period.
6. Conclusion on injury
(91) In the light of the above findings, it is concluded that the Community industry has suffered material injury. Although production and market share fell only slightly, and sales volumes increased over the period analysed, this was achieved at the cost of a substantial deterioration of sales prices, which caused increasing financial losses and cash flow insufficient for investment in plant renewal and maintenance. Indeed, the Community industry made an effort, between 1995 and the investigation period, to improve its efficiency, maintaining the same output levels with significant reductions in production costs and employment, succeeding in bringing unit costs back to their 1993 level. However, this effort had little impact on a worsening financial situation.
E. CAUSATION
1. Effect of the imports from the countries concerned
(92) The volume of imports from the countries concerned increased by 18 % between 1993 and the investigation period. Although their prices increased, on average, by 17 % during the same period, they still undercut substantially the prices of the Community industry in the investigation period. The latter prices declined in index terms from 100 to 84 over the period examined. This clearly indicated the presence of a strong downward pressure on the prices charged by the Community industry. The downward pressure on sales prices in the Community is confirmed looking at the development of the average prices at which the Community industry was selling to third countries. These prices were, in the investigation period, substantially higher than the prices in the Community, having increased by 17 % over the period examined.
The Community industry broadly managed to maintain its level of production and capacity utilisation, and even increased its sales volumes. It should be noted that, given the high fixed costs of this industry, full and steady capacity utilisation is crucial to keeping production costs under control at a reasonable level. Its falling sales prices, however, meant that the Community producers' sales turnover declined by 5 % over the period considered.
The Community industry's market share partly recovered by the investigation period (26,4 %) after dipping to 25 % in 1995, but did not regain its 1994 level (28 %). While this was happening, its losses worsened. By the investigation period, these were 13 % on turnover.
All these factors indicate that the Community industry was forced to adopt a strategy of matching the price of the dumped imports so as to be able to maintain their sales volumes. The result was the deterioration in their already loss-making situation.
2. Other factors
(a) Imports from other third countries
(93) A number of exporting producers contended that the injury to the Community industry was caused by imports from other countries not subject to this investigation. They point to the fact that the market share of the countries subject to investigation declined since 1995 from 28 to 23 %, while the market shares of other third countries and the Community industry both increased over the same period.
The following table, based on Eurostat data, shows that there was indeed a significant increase in the volumes of the imports from third countries which was coupled with a rise in their market share of 3,6 percentage points from 1993 to the investigation period, reaching 15,5 % by the end of the investigation period.
TABLE
Eurostat statistics on unit values show two things. First, the price per tonne of other third countries exports to the Community increased by 23 % over the period from 1993 to the investigation period. Secondly, throughout this period, the price per tonne of third country exports was always significantly higher than the unit values for the countries concerned, and was over twice that of the countries concerned by the end of the investigation period. This value was also above that of the Community industry throughout the period.
As, therefore, the information available indicates that the prices of third country exports did not undercut or depress those of the Community industry, an injurious price-and-profitability impact on the Community industry from these exports is, if any, unlikely to be of a major nature.
(b) Competition from non-cooperating producers in the Community
(94) The Commission investigated whether the Community industry suffered injury as a result of the competition from other producers in the Community which are not party to the present complaint. As was shown above, total Community production of the like product rose 16 % between 1993 and the investigation period, whereas the production of the Community industry declined slightly by 2 % over the same period. The difference was made up by an increase in production among the non-complainant Community producers.
To analyse the situation, the Commission made use of production and sales volume and value data submitted by some of the non-cooperating Community producers. The data available show that, on a weighted average basis, unit prices per m2 of the non-complaining Community producers were as follows:
TABLE
As can be seen from the above table, the non-complainants' unit prices were lower than those of the Community industry only up to 1995. Since then, the Community industry's unit prices have been lower than those of the non-complainant Community producers. It is unlikely, therefore, that the non-complaining Community producers were a source of injury to the Community industry, in particular since the unit prices of both complainants and non-complainants were undercut by the prices of imports from the countries concerned.
(c) Competition from medium and high density fibreboards
(95) It was argued by various exporting producers that the injury suffered by the Community industry was not caused by the dumped imports, but by the competition from MDF/HDF. MDF/HDF is alleged to be a high-quality and price-competitive product which has been experiencing high rates of growth in consumption in recent years. It is, according to the exporting producers concerned, progressively replacing hardboard in most uses.
The Commission has considered the role of MDF/HDF in the development of the injury suffered by the Community industry.
The analysis shows that, as pointed out in the 'Product under consideration` section above, despite the strong growth in the MDF/HDF market in recent years, this has not occurred at the expense of the hardboard market. Indeed, consumption of hardboard has increased since 1993. The investigation has also established that only thin MDF, representing in 1997 about 14 % of the Community production of MDF, competes with hardboard and only in some market segments; interchangeability would therefore only be possible to a limited extent.
In this context, it should be noted that data do not indicate that an interchange occurred, as the Community industry's sales volumes were maintained, albeit at depressed prices, due to the strong downward pressure on prices exerted by the dumped imports. Since no evidence was found that MDF/HDF is undercutting the Community industry's hardboard prices, no link between the injury in terms of price depression and the growth of MDF/HDF has been established.
(d) Hardboard as a declining product
(96) Various interested parties contended that the hardboard industry is a sunset industry, producing a product at the end of its product life-cycle. It was implied that this alleged maturity is the main reason for the difficulties of the Community industry.
The Commission does not share this view. As was shown above, apparent consumption of the product concerned increased by 20 % over the period from 1993 to the end of the investigation period. Increasing demand is not a feature of a declining market. This is all the more valid since this growth in hardboard consumption took place at the same time at which the thin MDF market was expanding significantly.
3. Conclusion on causation
(97) The above examination shows that the Community industry had to match the prices of the dumped imports in order to maintain production volumes, sales and capacity utilisation in an attempt to keep unit production costs at a low level. In doing so, the Community industry's losses worsened considerably. Although competition from imports from other third countries and non-complainant Community producers, as well as the rise of substitute products such as thin MDF may also have contributed to the injury suffered by the Community industry, these effects were not such as to break the causal link between the dumped imports from the countries concerned and the material injury to the Community industry.
F. COMMUNITY INTEREST
1. General considerations
(98) Pursuant to Article 21 of the Basic Regulation, the Commission examined, on the basis of the evidence submitted:
- first, the likely positive and negative effects of taking and of not taking measures, and
- second, whether it could be clearly concluded that it is not in the overall interest of the Community to apply measures in this particular case.
(99) On initiation, the Commission advised the relevant industrial associations representing user industries and suppliers to the Community industry; 35 associations were contacted. Subsequently, the Commission advised all interested parties which had made themselves known within the required deadline to submit substantiated information on issues relating to the Community interest. In order to simplify this process, the Commission invited the interested parties to complete questionnaires which had been especially drawn up for each type of economic operator potentially affected. Questionnaires were thus sent to supplier firms operating upstream in the production chain from the Community industry as well as to user industries of hardboard. The questionnaire sent to unrelated importers in the Community also contained a section relating to Community interest.
2. Impact on the Community industry
(a) Nature of the industry
(100) The Community industry is a well-established industry producing hardboard for over four decades. The companies concerned are typically of medium size, and are usually involved in the production of a range of wood-based panel products such that their hardboard production forms only part of their range of products.
Over the years the Community industry has had to invest heavily in order to meet Community criteria on the protection of the environment. In general, this has involved installing water filtration and purification plants for the wet production process without which continued production would not be permitted by law.
The Community industry has developed into an industrial sector servicing a steady demand for a product which continues to find applications in many varied fields, from the automotive industry to interior decoration, do-it-yourself and fruit packaging. Throughout its history, the Community industry has invested in new technologies and manufacturing techniques which have increased its productive efficiency. The high quality of its output, produced efficiently even under strict Community environmental legislation, ensures its viability and competitiveness in the future.
(101) The main problem being faced by the Community industry, as discussed in the injury section, is the fact that it had to drop prices in order to match those of the dumped imports to try to maintain market share and volume of output. As a result of this strategy, profitability declined, so that weighted average losses on turnover worsened to 13 % by the end of the investigation period, despite the efforts to improve the efficiency level. Under these circumstances, it is considered that if prices were to rise again following the removal of the trade-distorting effects of the dumped imports, the Community industry would be able to reduce its losses and be equipped to address the other challenges it faces on the wood-based panels market.
(b) Competition from rival products
(102) One of the importers argued that the imposition of anti-dumping measures would not help the Community industry since the current price level of thin MDF allegedly acts as a ceiling to the development of hardboard prices. It was argued that the two products have roughly equivalent price levels. Therefore, if there is any attempt to raise the price of Community-made hardboard, this will merely result in an increase in the quantity demanded of thin MDF, at the expense of demand for hardboard produced by the Community producers.
This argument is based on an assumption that thin MDF is entirely interchangeable with hardboard. As was discussed in the 'Like product` section above, however, this is not the case, as end-use applications where there is no interchangeability between the two products remain. The data available on prices of MDF/HDF indicate that only recently have prices of thin MDF panels begun to fall to reach the levels of Community-produced hardboard of equivalent thickness. However, even if this trend were to continue in the near future, it is not clear, given the fact that the two producers are not fully interchangeable, that an attempt to raise the price of hardboard would merely result in a rise in the demand for thin MDF.
3. Impact on upstream industries
(103) Contacts with national associations of supplier industries revealed a certain lack of interest in this proceeding.
The European Sawmills Organisation, having presented itself as an interested party within the deadline set, submitted no further arguments.
The Commission also sent questionnaires to five companies which, it was claimed, were interested in cooperating in its investigation. However, no questionnaire responses were returned within the deadline set. In the absence of any information from the suppliers to the hardboard producers, the Commission has not been able to take them into account in drawing its provisional conclusions.
(104) Three manufacturers of machinery used by the hardboard industry also made themselves known. However, at this stage, the information available does not allow the Commission to draw firm conclusions on the impact of measures on this sector.
4. Impact on importers-traders
(105) The Commission sent questionnaires to 38 importers in the Community. Six usable questionnaire responses were returned within the deadline set.
In general, the opinion in the responses received was that the competition between the rival products, hardboard and thin MDF, would be the primary determinant of the impact of any anti-dumping measures on importers, as explained above in recital 102. The alleged substitution of hardboard with thin MDF would harm importers-traders, even possibly forcing them to closure.
However, as stated above, the data available at this stage confirm that the price of thin MDF has been declining steadily in recent years and its approaching the levels of hardboard of equivalent thickness produced by the Community industry. It is however, still well above the average price of the dumped imports from the countries concerned. The imposition of anti-dumping measures is therefore unlikely to produce any substitution effect between imported hardboard and thin MDF.
Moreover, even if a partial substitution of hardboard with MDF/HDF or other products occurs, its potential effect on importers is unclear. Given that hardboard does not represent a major proportion of the turnover of the importers which provided information, it is likely that, should the demand for alternative products increase, these importers could easily switch trade towards these other products.
5. Impact on users
(106) Of the 43 questionnaires sent to user firms, the Commission received 10 usable responses. These were exclusively from door producers which use hardboard as door-skins for their door production. The respondents' purchases of hardboard accounted for 3 % of Community consumption of hardboard during the investigation period.
These 10 companies employed 1 389 employees in 1997, represented a combined turnover of ECU 100 million and produced over 4,2 million doors in that year.
(107) The door producers' submissions exclusively concern the exports from Brazil. The 10 respondents purchased in 1997 around 34 % of the export volume from Brazil (41 % in value terms). All Brazil's hardboard exports to the Community are eucalyptus-based hardboards. The Community door producers point out that there are no eucalyptus hardboard manufacturers among the complainant Community producers. They therefore claim that it cannot be in the Community interest to impose anti-dumping measures on imports of a product which is not even produced by the Community industry.
The door manufacturers also confirmed the claim already mentioned in the 'Like product` section above, that eucalyptus hardboards have certain natural advantages which make those boards particularly well-suited to the production of high-quality lacquered doors. Although there is production of eucalyptus hardboard among the hardboard producers which are not party to the complaint leading to the initiation of the present proceeding, their volume of output is said to be not sufficient to satisfy Community demand for eucalyptus hardboard.
The lacquered door manufacturers further claimed that the Community industry does not produce hardboard of the quality necessary for their lacquered-door manufacturing requirements. Their stringent quality controls entail a certain rate of rejection of their door-skin production. This rejection rate reaches 20 % if they use Community-produced hardboards made with alternative hardwood species for their lacquered door-skin production. If they use eucalyptus hardboard for their door-skin production, this rejection rate drops to 2 %. At 20 %, the rejection rate for door-skin output made from non-eucalyptus hardboards adds what are claimed to be unacceptable costs to the door-production process.
The Commission has examined these arguments.
(108) As stated above in the 'Like product` section, the Commission has concluded that Brazilian hardboard is a like product with Community-produced hardboard. Furthermore, the Community interest investigation revealed that the proportion accounted for by hardboard in the door manufacturers' costs of production, was 9 % on a weighted average basis. The hardboard raw material therefore does not account for a major proportion of the door manufacturers' costs. These proportions indicate that an average duty rate of approximately 30 % in respect of Brazil may have a maximum impact of a 3 % increase in the cost of production of Community door producers. It should also be borne in mind that the investigation showed that in value terms 54 % of these users' hardboard purchases were from Brazil. The final impact on the sales prices of lacquered doors therefore is expected to be less than 3 %, even assuming that any increase in cost caused by the duty is fully passed on, which is possible given the information on the profitability of Community lacquered doors manufacturers available to the Commission at this stage.
Any cost and price increase, however, is not expected to be disproportionate to the benefits expected to accrue to the Community industry from the removal of the injury caused by dumping. It should also be added that, while the door manufacturers claim that the use of Community-produced hardboard is too costly to be an economic alternative, the Community industry asserts that, although it does not produce eucalyptus hardboard, it does produce other types of hardboard that could compete in the manufacture of lacquered doors at prices undistorted by dumping.
6. Effect of non-imposition of measures against imports from Brazil
(109) As mentioned at recital 107, only around 34 % of the export volume from Brazil (41 % in value terms) was purchased by the 10 producers of lacquered doors who responded to the users' questionnaire. Since these producers claim to represent around 90 % of the lacquered-doors market, it has to be concluded that about two-thirds of the Brazilian exports are destined for other sectors than the lacquered-door market. In these sectors, dumped eucalyptus hardboard competes even more strongly with hardboard produced by the Community industry.
The Brazilian exports to these sectors include offcuts which are sometimes sold at very low prices, substantially undercutting the Community production of the same type, with a strong destabilising effect on the low end of the market. At the same time, with the dumping of high-quality products, they are exerting a downward pressure on the prices at the high end of the market.
Thus, if no measures are imposed on Brazil, the majority of their exports will continue to undermine the prices of the Community industry, which will not be able to benefit fully from the price increase induced by the measures imposed on the other countries concerned.
At the same time, the Brazilian exporting producers would however benefit from the price increase of imports subject to measures, since users would be able to buy a better quality board from Brazil at about the same price as hardboard from one of the other exporting countries of average quality subject to anti-dumping measures, and therefore partly divert demand towards Brazil. The overall effectiveness of the measures would in this way be seriously weakened.
The non-imposition of measures could thus lead to a claim by the other exporting countries of discriminatory treatment in favour of Brazil. Indeed, imports from Brazil have been found to be dumped and to have caused injury, as has also been established for the other countries subject to investigation.
7. Trade distorting effects
(110) Considering the fact that the Community industry had a market share of 26 % during the investigation period, and that imports from other countries not subject to investigation had a 16 % share, the imposition of provisional anti-dumping measures is not expected to lead to the creation of a dominant position of the Community industry on the Community market. Alternative sources of supply to the Community, either from Community hardboard producers not participating in the proceeding, or from third countries, represent half the Community market and will continue unaffected by the measures.
8. Conclusion on Community interest
(111) The dumped imports from the countries concerned were found to have caused injury to the Community industry, and the Commission finds that, for the foregoing reasons, it is in the overall interest of the Community to impose provisional anti-dumping measures.
The above conclusion also applies to imports of eucalyptus hardboard from Brazil. In particular, the non-imposition of measures against Brazil would risk substantially undermining the benefits for the Community industry expected from the imposition of measures against the other countries concerned.
G. PROVISIONAL MEASURES
(112) On the basis of the conclusions on dumping and injury set out above, the Commission considered the level of the provisional measures to be adopted. For this purpose, account has been taken of the dumping margins found and of the amount of the duty necessary to eliminate the injury sustained by the Community industry.
1. Injury elimination level
(113) In order to prevent further injury being caused by the dumped imports, the Commission considers it necessary to adopt provisional anti-dumping measures. For the purpose of determining the level of these measures, the Commission took account of the fact that the weighted average Community producers' price on the Community market declined significantly over the period 1993 to 1997, in order to meet the price levels of the dumped imports and that, consequently, the prices of the dumped imports should be increased to a non-injurious level.
The necessary price increase was determined on the basis of a comparison of the weighted average import price, on a type-by-type basis, a cif Community frontier duty-paid level, with the Community industry's weighted average cost of production per unit on an ex-works basis plus a 7 % profit margin. The investigation established that a profit margin of 7 % should be regarded as representing an appropriate minimum, taking into account the need for long-term investment in what is a capital-intensive industry, and the amount which the Community industry could reasonably be expected to make in the absence of injurious dumping.
The resulting amount necessary to remove the injury, or injury margin, was established for each of the exporting producers concerned as a result of this comparison and was expressed as a percentage of the cif value of their exports to the Community.
2. Provisional duties
(114) According to Article 7(2) of the Basic Regulation, the level of the provisional duty should be equal to the margin of dumping or the amount necessary to remove the injury, whichever is lower.
For all companies investigated in Bulgaria, Estonia, Latvia, Lithuania, Poland and Russia the injury margin was in all instances higher than the dumping margin found. Consequently, the provisional duties for the companies investigated in the above mentioned countries should be based on the dumping margin found.
For the two Brazilian companies investigated the injury margins were lower than the dumping margin found. Therefore, the provisional duties for the Brazilian companies investigated should be based on the injury margins.
3. Undertakings
(115) Some producers in Brazil, Bulgaria, Estonia, Latvia, Lithuania and Poland have offered price undertakings in accordance with Article 8(1) of the Basic Regulation. The Commission considers that the undertakings offered by the exporting producers concerned could be accepted provided that they cover a reduced number of product types and only up to a certain quantity threshold. Indeed, without these two conditions effective monitoring would not be practicable and companies would be encouraged to circumvent the undertaking by declaring as covered by the undertaking product types outside its scope. The undertakings offered by some companies correspond to the above conditions and can therefore be accepted.
To ensure that the quantity of imports of the hardboard types exempted from the ad valorem duty does not exceed the quantity in respect of which the undertaking has been accepted, the exemption should be conditional on the presentation to Member States' customs services of a valid 'Undertaking invoice` clearly identifying the producer and containing the information listed in the Annex.
(116) The Commission points out that in the event of a breach or withdrawal of the undertaking an anti-dumping duty may be imposed, pursuant to Article 8(9) and (10) of the Basic Regulation.
(117) Furthermore, it should be noted that, in accordance with Article 8(6) of the Basic Regulation, the investigation of dumping, injury and Community interest will be completed, notwithstanding the acceptance of undertakings during the course of the investigation.
H. FINAL PROVISIONS
(118) In the interests of sound administration, a period should be fixed in which the parties concerned may make their views known in writing and request a hearing. Furthermore, it should be stated that all findings made for the purpose of this Regulation are provisional and may have to be reconsidered for the purpose of any definitive measures which the Commission may propose,
HAS ADOPTED THIS REGULATION:
Article 1
1. A provisional anti-dumping duty is imposed on imports of hardboard, defined as wet-processed fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances and with a density exceeding 0,8 g/cm3, currently classifiable under CN codes ex 4411 11 00 and ex 4411 19 00 (TARIC codes 4411 11 00 * 10 and 411 19 00 * 10) originating in Brazil, Bulgaria, Estonia, Latvia, Lithuania, Poland and Russia.
2. The rate of the provisional duty to the net free-at-Community-frontier prices before duty for the product concerned manufactured by the companies listed below shall be as follows:
TABLE
3. Unless otherwise specified, the provision in force concerning customs duties shall apply.
4. The release of the products referred to in paragraph 1 for free circulation in the Community shall be subject to the provision of a security, equivalent to the amount of the provisional duty.
Article 2
1. Notwithstanding Article 1, the provisional duty shall not apply to imports of hardboard produced and directly exported and invoiced to an importing company in the Community by the companies listed in paragraph 3, in respect of which the price undertakings offered are hereby accepted, and provided that the conditions of paragraph 2 are met.
2. When the declaration for release for free circulation is presented, exemption from the duty shall be conditional upon presentation to the competent Member State's customs services of a valid 'Undertaking invoice` issued by one of the companies listed in paragraph 3. The Undertaking invoice, the essential elements of which are listed in the Annex, shall conform to the requirements for such invoices set out in the undertaking accepted by the Commission.
3. Imports accompanied by an Undertaking invoice shall be declared under the following TARIC additional codes:
TABLE
Article 3
1. Pursuant to Article 20(1) of Regulation (EC) No 384/96 and without prejudice to Article 20(2) and (3) of that Regulation the interested parties which made themselves known within the time limit specified in the notice of initiation may make their views known in writing and apply to be heard orally by the Commission within one month of the date of entry into force of this Regulation.
2. Pursuant to Article 21(4) of Regulation (EC) No 384/96, the parties concerned may comment on the application of this Regulation within one month of the date of its entry into force.
Article 4
Member States' reports to the Commission pursuant to Article 14(6) of Regulation (EC) No 384/96, shall indicate for each release for free circulation, the year and month of import, the CN, TARIC and TARIC additional codes, the type of measure, the country of origin, the quantity, the value, the amount of the anti-dumping duty, if any, and the Member State of import.
Article 5
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 1 of this Regulation shall apply for a period of six months.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 August 1998. | [
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Commission Decision
of 29 September 2000
amending Council Decision 79/542/EEC drawing up a list of third countries from which the Member States authorise imports of bovine animals, equidae, sheep and goats, fresh meat and meat products to take into account some aspects regarding Chile
(notified under document number C(2000) 2748)
(Text with EEA relevance)
(2000/623/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine ovine and caprine animals and swine, fresh meat or meat products from third countries(1) as last amended by Directive 97/79/EC(2), and in particular Article 3 thereof,
Whereas:
(1) Council Decision 79/542/EEC(3), as last amended by Commission Decision 2000/236/EC(4), draws up a list of third countries from which the Member States authorise imports of bovine animals, swine, equidae, sheep and goats, fresh meat and meat products.
(2) Following Community veterinary missions, it appears that Chile is covered by sufficiently well-structured and organised veterinary services.
(3) Chile has during the last 24 months been free from foot-and-mouth disease and during the last 12 months been free from vesicular stomatitis, classical swine fever, African swine fever, porcine enteroviral encephalomyelitis (Teschen disease), swine vesicular disease and vesicular exanthema and that no vaccinations have been carried out against any of these diseases for the past 12 months and that the importation of animals vaccinated against foot-and-mouth disease and classical swine fever is forbidden.
(4) Chile must be included on the list of third countries from which Member States authorise the imports of live pigs and pigmeat.
(5) Annex of Council Decision 79/542/EEC must be amended accordingly.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Part I of the Annex to Decision 79/542/EEC is replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 29 September 2000. | [
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COMMISSION DECISION of 6 December 1993 granting assistance from the cohesion financial instrument for a project to protect and upgrade the Kria site at Livadia in Greece No CF: 93/09/61/008 (Only the Greek text is authentic) (94/532/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 792/93 of 30 March 1993 establishing a cohesion financial instrument (1), and in particular Article 8 (6) thereof,
Whereas Article 1 of Regulation (EEC) No 792/93 establishes a cohesion financial instrument to provide Community support for projects in the fields of the environment and trans-European transport infrastructure networks;
Whereas pursuant to Article 9 of Regulation (EEC) No 792/93 certain provisions of Titles VI and VII of Council Regulation (EEC) No 4253/88 of 19 December 1988 concerning the 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), as amended by Regulation (EEC) No 2082/93 (3), are to apply, mutatis mutandis;
Whereas Article 2 of Regulation (EEC) No 792/93 defines the types of measure for which the cohesion financial instrument may provide assistance;
Whereas Article 10 of Regulation (EEC) No 792/93 requires the Member States to ensure that adequate publicity is given to the operations of the financial instrument and that the measures which are described in Annex V to this Decision are undertaken;
Whereas on 2 July 1993 Greece submitted an application for assistance from the cohesion financial instrument for a project to protect and upgrade the Kria site at Livadia;
Whereas that application concerns a project which is eligible under the terms of Article 2 of Regulation (EEC) No 792/93;
Whereas the application for assistance contains all the information required by Article 8 (4) of the Regulation and satisfies the criteria set out in Article 8 (3) and (5) of the Regulation;
Whereas the project will help achieve the objectives of Article 130r of the Treaty concerning the environment;
Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (4), as last amended by Council Regulation (Euratom, ECSC, EEC) No 610/90 (5), states that the legal commitments entered into for measures extending over more than one financial year shall contain a time limit for implementation which must be specified to the recipient in due form when the aid is granted;
Whereas pursuant to Article 9 of Regulation (EEC) No 792/93, the Commission and the Member State will ensure that there is evaluation and systematic monitoring of the project;
Whereas the financial implementation provisions, monitoring and assessment are specified in Annexes III and IV to this Decision; whereas failure to comply with those provisions may result in suspension or reduction of the assistance granted pursuant to
Article 9
(3) of Regulation (EEC) No 792/93;
Whereas all the other conditions laid down, have been complied with,
HAS ADOPTED THIS DECISION:
Article 1
The project to protect and upgrade the Kria site at Livadia in Greece, described in Annex I hereto is hereby approved for the period from 1 March 1993 to 31 March 1994.
Article 2
1. The maximum eligible expenditure to be taken as the basis for this Decision shall be ECU 1 887 000.
2. The rate of Community assistance granted to the project shall be fixed at 85 %.
3. The maximum amount of the contribution from the cohesion financial instrument shall be fixed at ECU 1 603 950.
4. The contribution is committed from the 1993 budget.
Article 3
1. Community assistance shall be based on the financial plan for the project set out in Annex II.
2. Commitments and payments of Community assistance granted to the project shall be made in accordance with Article 9 of Regulation (EEC) No 792/93 and as specified in Annex III.
3. The amount of the first advance payment shall be fixed at ECU 823 366.
Article 4
1. Community assistance shall cover expenditure on the project for which legally binding arrangements have been made in Greece and for which the requisite finance has been specifically allocated to works to be completed not later than 31 March 1994.
2. Expenditure incurred before 1 January 1993 shall not be eligible for assistance.
3. The closing date for the completion of national payments on the project is fixed not later than 12 months after the date mentioned in subparagraph 1.
Article 5
1. The project shall be carried out in accordance with Community policies, and in particular with Articles 7, 30, 52 and 59 of the Treaty, as well as with Community law, in particular with the Directives coordinating public procurement procedures.
2. This Decision shall not prejudice the right of the Commission to commence infringement proceedings pursuant to Article 169 of the Treaty.
Article 6
Systematic monitoring and assessment of the project take place in accordance with the provisions set out in Annex IV hereto.
Article 7
The Member State concerned shall ensure adequate publicity for the project as specified in Annex V.
Article 8
Each Annex to this Decision shall form an integral part of it.
Article 9
Failure to comply with the provisions of this Decision or its Annexes may entail a reduction or suspension of assistance in accordance with the provisions set out in Annex VI.
Article 10
This Decision is addressed to the Hellenic Republic.
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COMMISSION REGULATION (EEC) No 3150/91 of 29 October 1991 fixing the intervention thresholds for oranges, mandarins, satsumas and clementines for the 1991/92 marketing year
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 1623/91 (2), and in particular Articles 16a (5) and 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, 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 2 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 fruits (4), 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, pursuant to abovementioned Regulation (EEC) No 2601/69;
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 3 of Regulation (EEC) No 1123/89, the quantities of mandarins, satsumas and clementines delivered for processing under Council Regulation (EEC) No 2601/69 of 18 December 1969 laying down special measures to encourage the processing of mandarins, satsumas, clementines and oranges (5), as last amended by Regulation (EEC) No 1123/89, are to be treated as production intended to be consumed fresh for the purposes of fixing the intervention thresholds for those products;
Whereas, pursuant to Article 18b (2) of Regulation (EEC) No 1035/72, production harvested up to the end of the 1991/92 marketing year within the territory of the former German Democratic Republic is not to be taken into consideration when the intervention thresholds are determined;
Whereas the intervention thresholds for the products in question should be fixed for the 1991/92 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 1991/92 marketing year shall be as follows:
- oranges: 1 181 800 tonnes
- mandarins: 35 800 tonnes
- satsumas: 34 500 tonnes
- clementines: 113 900 tonnes.
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, 29 October 1991. | [
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*****
COMMISSION REGULATION (EEC) No 661/85
of 14 March 1985
on the opening of supplementary quotas for imports into the Community of certain textile products originating in certain third countries participating in the 1985 Berlin Trade Fairs
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3589/82 of 23 December 1982 on common rules for imports of certain textile products originating in third countries (1), as last amended by Regulation (EEC) No 3762/83 (2), and in particular Article 9 (3) thereof,
Whereas, by Regulation (EEC) No 3589/82, the importation of textile products originating in certain third countries was made subject to quantitative limitation and allocation among the Member States and to common rules for authorization;
Whereas trade fairs are to be held, as in previous years, in Berlin in 1985 at which third countries which export products subject to Regulation (EEC) No 3589/82 are expected to participate; whereas supplementary quotas have already been opened in respect of previous fairs by Commission Regulations; whereas the existing shares of Community quotas allocated to the Federal Republic of Germany may again be insufficient to meet the requirements of the trade fairs;
Whereas it is therefore necessary to open supplementary quotas for the Berlin Trade Fairs and to allocate these to the Federal Republic of Germany;
Whereas it is desirable that import authorizations should be issued in accordance with the requirements on origin specified in Article 2 of Regulation (EEC) No 3589/82;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee set up by Regulation (EEC) No 3589/82,
HAS ADOPTED THIS REGULATION:
Article 1
In addition to the quantitative limits on imports established by Regulation (EEC) No 3589/82, supplementary quotas as set out in the Annex hereto shall be opened in respect of the Berlin Trade Fairs to be held in 1985 and shall be allocated to the Federal Republic of Germany.
Article 2
1. The authorities of the Federal Republic of Germany shall authorize imports, not exceeding the supplementary quotas referred to in Article 1, only in respect of such contracts signed in Berlin during the Berlin Trade Fair as are recognized by those authorities as being eligible, provided that products covered by such approved contracts are placed on board for exportation to the Federal Republic of Germany in the third country in which they originate after 1 November 1985.
2. The period of validity of import authorizations or equivalent documents issued in accordance with paragraph 1 shall not extend beyond 31 December 1986.
3. The Commission shall be informed not later than 31 December 1985 of the total quantities covered by contracts authorized under paragraph 1.
Article 3
Importation of the textile products covered by authorization given in accordance with Article 2 shall be made in accordance with the provisions of Article 2 of Regulation (EEC) No 3589/82.
Article 4
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, 14 March 1985. | [
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*****
COMMISSION DECISION
of 20 April 1989
adjusting the weightings applicable from 1 April 1989 to the remuneration of officials of the European Communities serving in non-member countries
(89/307/EEC, Euratom, ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,
Having regard to the Staff Regulations of Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (Euratom, ECSC, EEC) No 3982/88 (2), and in particular the second subparagraph of Article 13 of Annex X thereto,
Whereas, pursuant to the first subparagraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (EEC, Euratom, ECSC) No 702/89 (3) laid down the weightings to be applied from 1 January 1989 to the remuneration of officials serving in non-member countries payable in the currency of their country of employment;
Whereas the Commission has made a number of adjustments to these weightings in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations (4);
Whereas some of these weightings should be adjusted with effect from 1 April 1989 given that the statistics available to the Commission show that in certain non-member countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,
HAS DECIDED AS FOLLOWS:
Sole Article
With effect from 1 April 1989 the weightings applicable to the remuneration of officials serving in non-member countries payable in the currency of their country of employment are adjusted as shown in the Annex.
The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect.
Done at Brussels, 20 April 1989. | [
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Commission Regulation (EC) No 108/2002
of 21 January 2002
amending representative prices and additional duties for the import of certain products in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1),
Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses(2), as last amended by Regulation (EC) No 624/98(3), and in particular the second subparagraph of Article 1(2), and Article 3(1) thereof,
Whereas:
(1) The amounts of the representative prices and additional duties applicable to the import of white sugar, raw sugar and certain syrups are fixed by Commission Regulation (EC) No 1309/2001(4), as last amended by Regulation (EC) No 104/2002(5).
(2) It follows from applying the general and detailed fixing rules contained in Regulation (EC) No 1423/95 to the information known to the Commission that the representative prices and additional duties at present in force should be altered to the amounts set out in the Annex hereto,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95 shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 22 January 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 January 2002. | [
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COMMISSION REGULATION (EC) No 1026/2009
of 29 October 2009
correcting Regulation (EC) No 567/2009 entering a name in the register of traditional specialities guaranteed (Pierekaczewnik (TSG))
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (1), and in particular the first subparagraph of Article 9(4) thereof,
Whereas:
(1)
An error was found in the publication of Commission Regulation (EC) No 567/2009 (2) registering the name ‘Pierekaczewnik’ as a traditional speciality guaranteed. In line with the request submitted by Poland, this name should be granted the protection provided for in Article 13(2) of Regulation (EC) No 509/2006.
(2)
Regulation (EC) No 567/2009 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 567/2009 is hereby corrected as follows:
1.
the third recital is replaced by the following:
‘(3)
When the application for registration was submitted, the protection provided for in Article 13(2) of Regulation (EC) No 509/2006 was also requested. That protection should be granted to the name “Pierekaczewnik” in so far as, in the absence of objections, it could not be demonstrated that the use of the name is lawful, renowned and economically significant for similar agricultural products or foodstuffs.’;
2.
the following paragraph is added to Article 1:
‘The protection provided for in Article 13(2) of Regulation (EC) No 509/2006 shall apply.’;
3.
in the Annex, the following is added:
‘The use of the name is reserved.’.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from the date of entry into force of Regulation (EC) No 567/2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 October 2009. | [
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Commission Regulation (EC) No 1825/2001
of 17 September 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 18 September 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 September 2001. | [
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*****
COUNCIL REGULATION (EEC) No 3710/89
of 4 December 1989
opening, allocating and providing for the administration of a Community tariff quota for frozen peas originating in Sweden (1990)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the Act of Accession of Spain and Portugal,
Having regard to the proposal from the Commission,
Whereas an Agreement between the European Economic Community and the Kingdom of Sweden was concluded on 22 July 1972; whereas following the accession of Spain and Portugal to the Community, an Agreement in the form of an Exchange of Letters has been concluded and approved by Council Decision 86/558/EEC (1);
Whereas the said Agreement provides for the opening of a 6 000-tonne Community tariff quota at a reduced rate of duty for frozen peas originating in Sweden, 4 500 tonnes of which are reserved for Spain; whereas therefore, the tariff quota in question should be opened for the period from 1 January to 31 December 1990;
Whereas equal and continuous access to the quota should be ensured for all Community importers and the rate laid down for the quota should be applied consistently to all imports until the quota is exhausted; whereas, during the period of application of this Regulation, it seems necessary to keep a certain allocation of the quota in question among the Member States on account of the requirement in the Agreement to reserve the major part of the quota amount for Spain; whereas it is therefore appropriate to subdivide the quota amount into two parts, the first one amounting to 4 500 tonnes allocated from the outset to Spain, the second one amounting to 1 500 tonnes to constitute a reserve from which the other Member States and where appropriate, the Kingdom of Spain could, for quantities that may exist on a given date after the Member State has returned to the first part unused quantities on that date, draw the necessary quantities to cover their actual needs; whereas this method of management requires close cooperation between the Member States and the Commission, and requires the Commission in particular to be able to monitor the extent to which the quota volume has been used up and inform the Member States accordingly;
Whereas if at a given date in the quota period a considerable quantity of Spain's initial share remains unused, it is essential that the Member State concerned should return any unused quantities in order to prevent part of the the Community tariff quota from remaining unused in one Member State when it could be used in others;
Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any operation concerning the administration of this quota may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 January to 31 December 1990 the customs duty applicable to imports of the following products originating in Sweden, shall be suspended at the level indicated and within the limits of a Community tariff quota as shown below:
1.2.3.4.5 // // // // // // Order No // CN code // Description // Amount of quota (in tonnes) // Quota duty (%) // // // // // // // // // // // 09.0613 // 0710 21 00 ex 0710 29 00 (*) // Frozen peas originating in Sweden // 6 000 // 4,5 in Spain 6 in the other Member States
// // // // // (*) Taric-code No 0710 29 00 * 10.
2. The Protocol on the definition of the concept of originating products and on methods of administrative cooperation, annexed to the Agreement between the European Economic Community and the Kingdom of Sweden shall be applicable.
Article 2
1. The tariff quota referred to in Article 1 (1) shall be divided into two parts.
2. The first part of the tariff quota, amounting to 4 500 tonnes, shall be allocated to Spain until the date fixed in Article 4.
3. The second part, amounting to 1 500 tonnes, shall be reserved for the Member States other than Spain, and shall be managed by the Commission, who can take any administrative measure serving to ensure efficient management.
The provisions of Article 3 shall apply for the management of this quantity.
Article 3
If an importer presents, in a Member State, a declaration for release for free circulation, including a request for preferential benefit for a product covered by this Regulation and if this declaration is accepted by the customs authorities, the Member State concerned shall inform the Commission and draw an amount corresponding to its requirements from the quota amount.
The drawing requests, with indication of the date of acceptance of the said declarations, must be transmitted to the Commission without delay.
The drawings shall be granted by the Commission by reference to the date of acceptance of the declarations for release for free circulation by the customs authorities of the Member State concerned to the extent that the available balance so permits.
If a Member State does not use the quantities drawn, it shall return them as soon as possible to the quota amount.
If the quantities requested are greater than the available balance of the quota amount, allocation shall be made on a pro rata basis with respect to the requests, Member States shall be informed by the Commission thereof.
Article 4
The Kingdom of Spain shall, as quickly as possible, return to the second part of the quota the total quantities which, on 15 September 1990, have not been used in the first part which was allocated to the Member State.
It shall, at the same time, inform the Commission what was the total of imports of the product in question up to and including 15 September 1990, charged against the tariff quota and if appropriate the quantity being returned to the second part of the quota.
With effect from 16 September 1990, imports of the product in question in Spain shall only benefit from the tariff quota within the limits of the balance available, and in accordance with the procedures laid down in Article 3.
Article 5
Each Member State shall ensure that importers of the products concerned have equal and continuous access to the quota for such time as the residual balance of the quota volume so permits.
Article 6
Member States and the Commission shall collaborate closely in order to ensure that this Regulation is complied with.
Article 7
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.
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Council Decision
of 27 October 2003
approving the accession of the European Community to the Protocol relating to the Madrid Agreement concerning the international registration of marks, adopted at Madrid on 27 June 1989
(2003/793/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 308, in conjunction with Article 300(2), second sentence, and Article 300(3), first subparagraph, 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 European Economic and Social Committee(3),
Whereas:
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark(4), which is based on Article 308 of the Treaty, is designed to create a market which functions properly and offers conditions which are similar to those obtaining in a national market. In order to create a market of this kind and make it increasingly a single market, the said Regulation created the Community trade mark system whereby undertakings can by means of one procedural system obtain Community trade marks to which uniform protection is given and which produce their effects throughout the entire area of the European Community.
(2) Following preparations initiated and carried out by the World Intellectual Property Organisation with the participation of the Member States which are members of the Madrid Union, the Member States which are not members of the Madrid Union and the European Community, the Diplomatic Conference for the conclusion of a Protocol relating to the Madrid Agreement concerning the international registration of marks adopted the Protocol relating to the Madrid Agreement concerning the international registration of marks (hereafter referred to as "the Madrid Protocol") on 27 June 1989, at Madrid.
(3) The Madrid Protocol was adopted in order to introduce certain new features into the system of the international registration of marks existing under the Madrid Agreement concerning the international registration of marks of 14 April 1891 as amended (hereafter referred to as "the Madrid Agreement")(5).
(4) The objectives of the Madrid Protocol are to ease the way for certain States, and in particular the Member States which are not currently parties thereto, to accede to the system of international registration of marks.
(5) As compared to the Madrid Agreement, the Madrid Protocol introduced, in its Article 14, as one of the main innovations, the possibility that an intergovernmental organisation which has a regional office for the purpose of registering marks with effect in the territory of the organisation may become party to the Madrid Protocol.
(6) The possibility that an intergovernmental organisation which has a regional office for the purpose of registering marks may become a party to the Madrid Protocol was introduced in the Madrid Protocol in order to allow, in particular, for the European Community to accede to the said Protocol.
(7) The Madrid Protocol entered into force on 1 December 1995 and became operational on 1 April 1996 and the Community trade mark system also became operational on the latter date.
(8) The Community trade mark system and the international registration system as established by the Madrid Protocol are complementary. Therefore, in order to enable firms to profit from the advantages of the Community trade mark through the Madrid Protocol and vice versa, it is necessary to allow Community trade mark applicants and holders of such trade marks to apply for international protection of their trade marks through the filing of an international application under the Madrid Protocol and, conversely, holders of international registrations under the Madrid Protocol to apply for protection of their trade marks under the Community trade mark system.
(9) Moreover, the establishment of a link between the Community trade mark system and the international registration system under the Madrid Protocol would promote a harmonious development of economic activities, will eliminate distortions of competition, will be cost efficient and will increase the level of integration and functioning of the internal market. Therefore, the accession of the Community to the Madrid Protocol is necessary in order for the Community trade mark system to become more attractive.
(10) The European Commission should be authorised to represent the European Community in the Assembly of the Madrid Union after the accession of the Community to the Madrid Protocol. The European Community will not express a view in the Assembly in matters relating solely to the Madrid Agreement.
(11) The competence of the European Community to conclude or accede to international agreements or treaties does not derive only from explicit conferral by the Treaty but may also derive from other provisions of the Treaty and from acts adopted pursuant to those provisions by Community institutions.
(12) This Decision does not affect the right of the Member States to participate in the Assembly of the Madrid Union with regard to their national trade marks,
HAS DECIDED AS FOLLOWS:
Article 1
The Protocol relating to the Madrid Agreement concerning the international registration of marks, adopted at Madrid on 27 June 1989 (hereafter referred to as the Madrid Protocol), is hereby approved on behalf of the Community with regard to matters within its competence.
The text of the Madrid Protocol is attached to this Decision.
Article 2
1. The President of the Council is hereby authorised to deposit the instrument of accession with the Director-General of the World Intellectual Property Organisation as from the date on which the Council has adopted the measures which are necessary for the establishment of a link between the Community trade mark and the Madrid Protocol.
2. The declarations and notification, which are attached to this Decision, shall be made in the instrument of accession.
Article 3
1. The Commission is hereby authorised to represent the European Community at the meetings of the Madrid Union Assembly held under the auspices of the World Intellectual Property Organisation.
2. On all matters within the sphere of competence of the Community with regard to the Community trade mark, the Commission shall negotiate in the Madrid Union Assembly on behalf of the Community in accordance with the following arrangements:
(a) the position which the Community may adopt within the Assembly shall be prepared by the relevant Council working party or, if this is not possible, at on-the-spot meetings convened in the course of the work within the framework of the World Intellectual Property Organisation;
(b) as regards decisions involving the amendment of Regulation (EC) No 40/94, or of any other act of the Council requiring unanimity, the Community position shall be adopted by the Council acting unanimously on a proposal from the Commission;
(c) as regards other decisions affecting the Community trade mark, the Community position shall be adopted by the Council acting by a qualified majority on a proposal from the Commission.
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COMMISSION REGULATION (EU) No 1271/2009
of 21 December 2009
amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
Whereas:
(1)
The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/10 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EU) No 1246/2009 (4).
(2)
The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 877/2009 for the 2009/10, marketing year, are hereby amended as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 22 December 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2009. | [
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COUNCIL DECISION
of 18 January 2005
establishing, in accordance with Article 104(8) of the Treaty establishing the European Community, whether effective action has been taken by the Republic of Hungary in response to recommendations of the Council in accordance with Article 104(7) of that Treaty
(2005/348/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 104(8) thereof,
Having regard to the recommendation from the Commission,
Whereas:
(1)
In accordance with Article 104 of the Treaty, Member States are to avoid excessive government deficits.
(2)
The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation. The Stability and Growth Pact includes Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (1), set out in Article 104 of the Treaty, in order to further the prompt correction of excessive general government deficits.
(3)
The Amsterdam Resolution of the European Council on the Stability and Growth Pact of 17 June 1997 (2) solemnly invites all parties, namely the Member States, the Council and the Commission, to implement the Treaty and the Stability and Growth Pact in a strict and timely manner.
(4)
By Decision 2004/918/EC (3), the Council decided, in accordance with Article 104(6) of the Treaty, that an excessive deficit exists in Hungary.
(5)
In accordance with Article 104(7) of the Treaty and Article 3(4) of Regulation (EC) No 1467/97, the Council adopted on 5 July 2004 a recommendation to the Hungarian authorities to bring the existence of an excessive deficit to an end as rapidly as possible and to take action in a medium-term framework to achieve the objective of bringing the deficit below 3 % of GDP by 2008 in a credible and sustainable manner, in accordance with the path for deficit reduction specified in the convergence programme submitted by the Hungarian authorities and endorsed in the Council opinion of 5 July 2004 on that programme (4). This Recommendation established the deadline of 5 November 2004 for the Hungarian Government to take effective action regarding the measures envisaged to achieve the 2005 deficit target of 4,1 % of GDP. In this recommendation, the Council also recommended the Republic of Hungary to implement with vigour the measures envisaged in the May 2004 convergence programme, and in particular to stand ready to introduce additional measures, if necessary, with a view to achieving the general government deficit target for 2004 of 4,6 % GDP. In addition, the Council invited the Hungarian authorities to seize every opportunity to accelerate fiscal adjustment; to undertake the envisaged reforms of the public administration, health and education systems; and to ensure that planned tax cuts were adequately financed and make their implementation conditional upon the achievement of the deficit targets.
(6)
In accordance with Article 4(2) of Regulation (EC) No 1467/97, the Council, when considering whether effective action has been taken in response to its recommendations made in accordance with Article 104(7) of the Treaty, is to base its decision on publicly announced decisions by the Government of the Member State concerned.
(7)
An assessment of the publicly announced decisions taken by the Republic of Hungary between the issuing of the Council Recommendation in accordance with Article 104(7) of the Treaty and the deadline set in that Recommendation leads to the following conclusions:
-
after the Council recommendation the Hungarian Government adopted a number of additional measures. They were based on the expenditure side and have contributed to a significant decline in the budget deficit in 2004 compared to 2003 and a more favourable and sustainable reorientation of growth. However, the action taken was not sufficient to achieve the 2004 budget deficit target of 4,6 % of GDP contained in the Council recommendation, which is expected to be missed by a sizeable margin,
-
a number of measures have been announced in the 2005 Budget that are aimed at further reducing the budget deficit in 2005, including an ‘emergency’ reserve package of 0,5 % of GDP against a possible overshooting of the 2005 target. However, they will not be sufficient to meet the deficit target of 4,1 % of GDP contained in the Council recommendation, which is also expected to be missed by a sizeable margin,
-
the measures taken so far by the Hungarian authorities will not avoid a deviation from the planned adjustment path of the May convergence programme. In this context, the continued commitment of the Hungarian Government to have the excessive deficit corrected by 2008 needs to be underpinned by decisive measures of further fiscal consolidation and more determined pursuit of structural reforms.
(8)
Article 104(8) of the Treaty states that when the Council establishes that there has been no effective action in response to its recommendation in accordance with Article 104(7) of that Treaty, it may decide to make this recommendation public. However, in line with the Stability and Growth Pact Resolution of the European Council, the Republic of Hungary agreed to make the recommendation public in July 2004,
HAS DECIDED AS FOLLOWS:
Article 1
The Republic of Hungary has not taken effective action in response to the Council Recommendation of 5 July 2004 within the period laid down in that Recommendation.
Article 2
This Decision is addressed to the Republic of Hungary.
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COUNCIL DECISION
of 12 May 2009
on the European Capital of Culture event for the year 2012
(2009/400/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (1), and in particular its Article 14,
Having regard to the selection panel report of 5 November 2008 submitted to the Commission, to the European Parliament and to the Council in accordance with Article 14(2) of Decision No 1622/2006/EC,
Considering that the criteria referred to in Article 14(3) of Decision No 1622/2006/EC are entirely fulfilled,
Having regard to the recommendation from the Commission of 8 April 2009,
HAS DECIDED AS FOLLOWS:
Sole Article
Guimarães (Portugal) and Maribor (Slovenia) are designated as ‘European Capital of Culture 2012’ in accordance with Article 14 of Decision No 1622/2006/EC.
Done at Brussels, 12 May 2009. | [
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COMMISSION REGULATION (EC) No 1790/2006
of 5 December 2006
approving operations to check conformity to the marketing standards applicable to fresh fruit and vegetables carried out in Turkey prior to import into the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular Article 10 thereof,
Whereas:
(1)
Article 7 of Commission Regulation (EC) No 1148/2001 of 12 June 2001 on checks on conformity to the marketing standards applicable to fresh fruit and vegetables (2) lays down the conditions for the approval of checking operations performed by certain third countries which so request prior to import into the Community.
(2)
The Turkish authorities sent the Commission a request for the approval of checking operations performed under the responsibility of the General Directorate of Standardisation for Foreign Trade. This request states that the aforementioned inspection bodies have the necessary staff, equipment and facilities to carry out checks, that they use methods equivalent to those referred to in Article 9 of Regulation (EC) No 1148/2001 and that the fresh fruit and vegetables exported from Turkey to the Community meet the Community marketing standards.
(3)
The information sent by the Member States to the Commission shows that, in the period 2001 to 2005, the incidence of non-conformity with marketing standards among imports from Turkey of fresh fruit and vegetables was low.
(4)
Checks on conformity carried out by Turkey should therefore be approved with effect from the date of implementation of the administrative cooperation procedure provided for in Article 7(8) of Regulation (EC) No 1148/2001.
(5)
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
Checks on conformity to the marketing standards applicable to fresh fruit and vegetables carried out by Turkey prior to import into the Community are hereby approved in accordance with Article 7 of Regulation (EC) No 1148/2001.
Article 2
Details of the official authority and inspection body in Turkey, as referred to in the second subparagraph of Article 7(2) of Regulation (EC) No 1148/2001, are given in Annex I to this Regulation.
Article 3
The certificates referred to in the second subparagraph of Article 7(3) of Regulation (EC) No 1148/2001, issued following the checks referred to in Article 1 of this Regulation, must be drawn up on forms in conformity with the model set out in Annex II to this Regulation.
Article 4
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from the date of publication in the C series of the Official Journal of the European Union of the notice referred to in Article 7(8) of Regulation (EC) No 1148/2001, relating to the establishment of administrative cooperation between the Community and Turkey.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COMMISSION DECISION
of 15 July 1987
authorizing the Italian Republic to apply intra-Community surveillance to imports of certain textile products falling within category 1, originating in Thailand which have been put into free circulation in the Community
(Only the Italian text is authentic)
(87/426/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular the first paragraph of Article 115 thereof,
Having regard to Commission Decision 80/47/EEC of 20 December 1979 on surveillance and protective measures which Member States may be authorized to take in respect of imports of certain products originating in third countries and put into free circulation in another Member State (1), and in particular Articles 1 and 2 thereof,
Whereas Decision 80/47/EEC required Member States to have prior authorization from the Commission before introducing intra-Community surveillance of the imports of certain products originating in third countries and put into free circulation in another Member State;
Whereas, by Commission Regulation (EEC) No 977/87 (2), the import into Italy of textile products falling within category 1, originating in Thailand, is subject to quantitative ceilings for 1987 to 1991;
Whereas, on 30 June 1987, a request was made, under Article 2 of Decision 80/47/EEC, by the Italian Government to the Commission of the European Communities for authorization to introduce intra-Community surveillance;
Whereas the information given by the Italian authorities in support of this application has been submitted to close examination by the Commission, in accordance with the criteria laid down by Decision 80/47/EEC;
Whereas the Commission examined in particular whether the imports could be made subject to intra-Community surveillance measures under Article 2 of Decision 80/47/EEC, whether information was given as regards the economic difficulties alleged, whether during the reference years set out in Decision 80/47/EEC there had been deflection of trade, and whether intra-Community licence applications had been submitted;
Whereas this examination has shown that there is a risk that imports of the products mentioned below are worsening or prolonging the existing economic difficulties; whereas, therefore, Italy should be authorized to make these imports subject to intra-Community surveillance until 31 December 1988,
HAS ADOPTED THIS DECISION:
Article 1
The Italian Republic is authorized to introduce, until 31 December 1988 and in accordance with Decision 80/47/EEC, intra-Community surveillance of the textile products of category 1 originating in Thailand.
Article 2
This Decision is addressed to the Italian Republic.
Done at Brussels, 15 July 1987. | [
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COMMISSION REGULATION (EC) No 1387/2007
of 27 November 2007
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 28 November 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 November 2007. | [
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COUNCIL DECISION
of 1 May 1999
laying down the detailed arrangements for the integration of the Schengen Secretariat into the General Secretariat of the Council
(1999/307/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and the Treaty establishing the European Community, and in particular Article 7 thereof,
Whereas:
(1) pursuant to the aforementioned Protocol, the agreements and rules containing the Schengen acquis are to be incorporated into the framework of the European Union;
(2) pursuant to Article 7 of that Protocol, it is up to the Council, acting by a qualified majority, to adopt the detailed arrangements for the integration of the Schengen Secretariat into the General Secretariat of the Council;
(3) the aim of this integration is to ensure that, when the Schengen acquis is integrated into the framework of the European Union, application and development of the provisions relating to the acquis continue in conditions which ensure they function properly;
(4) the detailed arrangements for this integration should make it possible, on the one hand, to limit recruitment to the administrative needs arising for the General Secretariat of the Council from the new tasks it will have to perform and, on the other hand, to check the competence, efficiency and integrity of those recruited;
(5) the general budget of the European Communities for the financial year 1999 has made provision for the necessary permanent posts, broken down into category and grade, within the General Secretariat of the Council;
(6) the staff complement thus determined is necessary and sufficient to enable the General Secretariat of the Council to cope efficiently with the needs arising from integration of the Schengen acquis into the framework of the European Union;
(7) it is necessary, by way of derogation from the Staff Regulations of Officials of the European Communities, hereafter referred to as "the Staff Regulations", to adopt the arrangements necessary to enable the Appointing Authority (IAA) to appoint those concerned as probationer officials of the European Communities at the General Secretariat of the Council, with the appointments taking effect from the date of entry into force of the Treaty of Amsterdam;
(8) such appointments should be subject to compliance by each of those concerned with certain conditions; such appointments should also be subject to the provision of supporting documents proving that those concerned were employed in various capacities at the Schengen Secretariat on the date on which the Treaty of Amsterdam was signed (2 October 1997), i.e. the date on which it was decided in principle to carry out that integration; and proving that those concerned were still employed there on the date of entry into force of the Treaty of Amsterdam (1 May 1999) and were actually performing duties involved in applying and developing the Schengen acquis, assisting the Presidency and delegations, managing financial and budget matters, translating and/or interpreting, documentation or secretarial work, with the exception of technical or administrative duties for which the administrative needs do not require additional recruitment to the General Secretariat of the Council;
(9) it is also necessary to ensure, before those concerned are appointed as probationer officials, that they provide all supporting or other documents, diplomas, qualifications or certificates, which prove that they have the level of qualification or experience required to perform the duties involved in the category or service into which they are to be integrated;
(10) it is also necessary to specify that those recruited will, in accordance with Article 34 of the Staff Regulations, be obliged to serve a probationary period designed to check their ability to perform their duties satisfactorily, and that any decisions taken by the AA following the probationary period will be taken after consulting an ad hoc Committee appointed by the AA on which the Staff Committee of the General Secretariat of the Council may be represented,
HAS ADOPTED THIS DECISION:
Article 1
1. The aim of this Decision is to determine the detailed arrangements for the integration of the Schengen Secretariat into the General Secretariat of the Council.
2. For the purposes of this Decision, the Schengen Secretariat is defined as consisting of persons fulfilling the conditions laid down by Article 3(1)(e).
Article 2
By way of derogation from the Staff Regulations and subject to a check on compliance with the conditions specified in Article 3 of this Decision, the Appointing Authority (AA) within the meaning of Article 2 of the Staff Regulations may appoint to the General Secretariat of the Council the persons referred to in Article 1 of this Decision as probationer officials of the European Communities within the meaning of the Staff Regulations and allocate them to one of the posts included to that end in the staff complement of the General Secretariat of the Council for the 1999 financial year in the category, service, grade and step determined in accordance with the correlation table annexed hereto.
Article 3
The AA may make the appointments provided for in Article 2 after checking that the persons concerned:
(a) are nationals of one of the Member States;
(b) have fulfilled any obligations concerning statutory military service;
(c) produce the necessary character references for the performance of their duties;
(d) are physically fit to perform such duties;
(e) provide the supporting documents proving that:
(i) they were employed at the Schengen Secretariat on 2 October 1997 either as a member of the Benelux College of Secretaries-General incorporated into the Schengen Secretariat, or as a member of staff having an employment contract with the Benelux Economic Union, or as a statutory member of staff of the Benelux Secretariat incorporated into the Schengen Secretariat and were actually performing duties there,
(ii) they were still employed at the Schengen Secretariat on 1 May 1999, and
(iii) they were actually performing duties at the Schengen Secretariat on the dates referred to in (i) and (ii), involved in applying and developing the Schengen acquis, assisting the Presidency and delegations, managing financial and budget matters, translating and/or interpreting, documentation or secretarial work, with the exception of technical or administrative backup duties;
(f) provide all supporting or other documents, diplomas, qualifications or certificates proving that they have the level of qualification or experience required to perform the duties in the category or service into which they are to be integrated.
Article 4
1. The persons appointed on the basis of Article 3 of this Decision will be obliged, in accordance with the provisions of Article 34 of the Staff Regulations and of this Article, to serve a probationary period designed to check their ability to perform the duties satisfactorily pertaining to their posts and also their efficiency and conduct in the service.
2. Any probationer officials who do not demonstrate sufficient professional skills to be appointed permanently shall be dismissed.
3. Any decisions to be taken by the AA following the probationary period shall be taken after consulting an ad hoc Committee appointed by the AA to which the Staff Committee of the General Secretariat of the Council may delegate a representative. The opinion of this ad hoc committee shall be without prejudice to the role of the Reports Committee provided for by Article 34 of the Staff Regulations.
Article 5
This Decision shall enter into force on the date of its adoption.
It shall apply as from 1 May 1999.
Article 6
This Decision is addressed to the Secretary-General of the Council.
Article 7
This Decision shall be published in the Official Journal of the European Communities.
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COMMISSION REGULATION (EEC) No 413/76 of 25 February 1976 on the reduction of the time limit during which certain cereal products may remain under customs control while awaiting advance payment of refunds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as amended by Regulation (EEC) No 3058/75 (2), and in particular Article 16 (6) thereof,
Whereas Articles 3 (3) and 4 (2) of Commission Regulation (EEC) No 1957/69 of 30 September 1969 on additional detailed rules for granting export refunds on products subject to a single price system (3) fix the time limits during which products may remain under the systems laid down by Articles 2 and 3 of Council Regulation (EEC) No 441/69 of 4 March 1969 laying down additional general rules for granting export refunds on products subject to a single price system, exported unprocessed or in the form of certain goods not covered by Annex II to the Treaty (4), as last amended by Regulation (EEC) No 1181/72 (5) ; whereas, pursuant to Article 5 of Regulation (EEC) No 1957/69, the time limits may be reduced in order to prevent difficulties arising on markets on account of the characteristics of the products or goods;
Whereas experience has shown that the time limits at present applied may cause difficulties in respect of the cereal products falling within Common Customs Tariff heading No 11.07 ; whereas, therefore, the time limits for these products should be reduced so that they correspond to the period of validity of the export licence which is outstanding on the date on which the products became subject to one of the systems of customs control instituted by Articles 2 and 3 of Regulation (EEC) No 441/69;
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
For products falling within Common Customs Tariff heading Nos 10.01 A and 10.03 which are to be processed into products falling under Common Customs Tariff heading No 11.07, the first indent of the last subparagraph of Article 3 (3) of Regulation (EEC) No 1957/69 shall not apply.
However, where application of Article 3 (3) (a) would involve the products specified in the preceding subparagraph being subject to customs control for less than one month, that period shall be increased to one month.
Article 2
1. By way of derogation from Article 4 (2) of Regulation (EEC) No 1957/69 the period therein referred to shall, in the case of products falling within Common Customs Tariff heading No 11.07, be reduced to the period of validity of the export licence which is outstanding on the date on which the products become subject to the customs control in question when such period of validity is less than six months.
2. Where the application of the preceding paragraph leads to a period under customs control of less than one month, such period shall be increased to one month.
Article 3
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
However, this Regulation shall not apply to products which, before its entry into force, were placed under one of the systems for advance payment of refunds instituted by Regulation (EEC) No 441/69. (1)OJ No L 281, 1.11.1975, p. 1. (2)OJ No L 306, 26.11.1975, p. 3. (3)OJ No L 250, 4.10.1969, p. 1. (4)OJ No L 59, 10.3.1969, p. 1. (5)OJ No L 130, 7.6.1972, p. 15.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 February 1976. | [
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COMMISSION DIRECTIVE 2007/12/EC
of 26 February 2007
amending certain Annexes to Council Directive 90/642/EEC as regards the maximum residue levels of penconazole, benomyl and carbendazim
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (1), and in particular Article 7 thereof,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (2), and in particular Article 4(1)(f) thereof,
Whereas:
(1)
In accordance with Directive 91/414/EEC, authorisations of plant protection products for use on specific crops are the responsibility of the Member States. Such authorisations have to be based on the evaluation of effects on human and animal health and influence on the environment. Elements to be taken into account in such evaluations include operator and bystander exposure and impact on the terrestrial, aquatic and aerial environments, as well as impact on humans and animals through consumption of residues on treated crops.
(2)
Maximum residue levels (MRLs) reflect the use of minimum quantities of pesticides to achieve effective protection of plants, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable, in particular in terms of estimated dietary intake.
(3)
MRLs for pesticides covered by Directive 90/642/EEC are to be kept under review and may be modified to take account of new or changed uses. Information about new or changed uses has been communicated to the Commission which will lead to changes in the residue levels of penconazole, benomyl and carbendazim.
(4)
The lifetime exposure of consumers to those pesticides via food products that may contain residues of those pesticides, has been assessed and evaluated in accordance with the procedures and practices used within the Community, taking account of guidelines published by the World Health Organisation (3).
(5)
In the case of benomyl and carbendazim for which an acute reference dose (ARfD) exists, the acute exposure of consumers via each of the food products that may contain residues of these pesticides has been assessed and evaluated in accordance with the procedures and practices currently used within the Community, taking account of guidelines published by the World Health Organisation. The opinions of the Scientific Committee on Plants, in particular advice and recommendations concerning the protection of consumers of food products treated with pesticides (4), have been taken into account. Based on the dietary intake assessment, the MRLs for those pesticides should be fixed so as to ensure that the ARfD will not be exceeded. In the case of the other substances, an assessment of the available information has shown that no ARfD is required and that therefore a short term assessment is not needed.
(6)
In the case of the new MRL on citrus for benomyl and carbendazim the applicant has undertaken to supply additional data required by December 2007. The data already available show that the proposed MRL is safe for the consumers.
(7)
Where authorised uses of plant protection products do not result in detectable levels of pesticide residues in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported with such necessary data, MRLs should be fixed at the lower limit of analytical determination.
(8)
Therefore it is appropriate to fix new MRLs for those pesticides.
(9)
Directive 90/642/EEC should therefore be amended accordingly.
(10)
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex II to Directive 90/642/EEC is amended in accordance with the Annex to this Directive.
Article 2
1. Member States shall adopt and publish, by 27 August 2007 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive, They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 28 August 2007.
2. When Member States adopt the provisions referred to in paragraph 1, 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.
3. 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, 26 February 2007. | [
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Council Decision
of 18 March 2003
concerning 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 Estonia, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions
(2003/463/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with Article 300(2), first subparagraph, first sentence thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part(1), provides for certain reciprocal trade concessions for certain agricultural products.
(2) Article 19(4) of the Europe Agreement provides that the Community and Estonia are to examine product by product and on an orderly and reciprocal basis the possibilities of granting each other further concessions.
(3) The first improvements to the preferential arrangements of the Europe Agreement with Estonia were provided for in the Protocol adjusting trade aspects of the Europe Agreement to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements, approved by Council Decision 1999/86/EC(2).
(4) Improvements to the preferential arrangements were also provided for as a result of negotiations to liberalise agricultural trade concluded in 2000. On the Community side, these were implemented from 1 July 2000 by Council Regulation (EC) No 1349/2000 of 19 June 2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with Estonia(3). This second adjustment of the preferential arrangements has not yet been incorporated in the Europe Agreement in the form of an Additional Protocol.
(5) Negotiations for further improvements to the preferential arrangements of the Europe Agreement with Estonia were concluded on 31 January 2002. The results of the negotiations have so far been implemented in the form of autonomous measures, applicable as from 1 July 2002. On the Community side, the autonomous measures were implemented by Council Regulation (EC) No 1151/2002(4).
(6) The new Protocol to the Europe Agreement adjusting the trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part (hereinafter referred to as the Protocol) should be approved with a view to consolidating all concessions in agricultural trade between the two sides, including the results of the negotiations concluded in 2000 and 2002.
(7) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(5) has codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations. Certain tariff quotas under this Decision should therefore be administered in accordance with those rules.
(8) The measures necessary for the implementation of this Decision should be adopted in accordance with Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6).
(9) As a result of the aforementioned negotiations, Regulation (EC) No 1151/2002 has been superseded and should therefore be repealed,
HAS DECIDED AS FOLLOWS:
Article 1
The 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 Estonia, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions, is hereby approved on behalf of the European Community.
Article 2
1. The President of the Council is authorised to designate the person empowered to sign the Protocol in order to bind the Community.
2. The President of the Council shall, on behalf of the Community, make the notification of approval provided for in Article 4 of the Protocol.
Article 3
1. Upon this Decision taking effect, the arrangements provided for in the Annexes of the Protocol attached to this Decision shall replace those referred to in Annex Va as referred to in Article 19(2), as amended, of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part.
2. The Commission shall adopt rules for the application of the Protocol in accordance with the procedure referred to in Article 5(2).
Article 4
The order numbers as attributed to the tariff quotas in the Annex to this Decision may be changed by the Commission in accordance with the procedure referred to in Article 5(2). Tariff quotas with an order number above 09.5100 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
Article 5
1. The Commission shall be assisted by the Management Committee for Cereals instituted by Article 23 of Regulation (EEC) No 1766/92(7) or, where appropriate, by the committee instituted by the relevant provisions of the other Regulations on the common organisation of agricultural markets.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its rules of procedure.
Article 6
Regulation (EC) No 1151/2002 shall be repealed from the entry into force of the Protocol.
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*****
COMMISSION REGULATION (EEC) No 2602/88
of 19 August 1988
amending Regulation (EEC) No 2415/88 on the sale by tender, for export, of beef held by certain intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Regulation (EEC) No 2248/88 (2), and in particular Article 7 (3) thereof,
Whereas Commission Regulation (EEC) No 2415/88 (3) provides for the sale by tender, for export, of beef held by certain intervention agencies;
Whereas, in the light of experience, changes should be made to the minimum requirements for the submission of tenders and to the criteria for fixing a minimum price, where necessary; whereas, moreover, the list of destinations should be amended so as to increase the scope for sales;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2415/88 is hereby amended as follows:
1. The following subparagraph is inserted after the second subparagraph of Article 2 (1):
'However, a special additional invitation to tender shall be issued in August 1988, the deadline for the submission of tenders being 12 a.m. on 23 August 1988.'
2. Article 3 (1) (a) is replaced by the following:
'An offer shall be valid only if it relates to a quantity of not less than 25 000 tonnes and if the operator in question submits tenders in at least two Member States.'
3. Article 3 (3) is replaced by the following:
'After the tenders received in respect of each specific invitation to tender have been examined, either one or more minimum selling prices shall be fixed or the sale will not be proceeded with. Where paragraph 1 (c) is applicable, the highest tenderer as referred to in Article 10 (2) of Regulation (EEC) No 2173/79 shall be the tenderer who offers the highest weighted average price.'
4. Annex I is replaced by the Annex to 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.
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*****
COUNCIL DIRECTIVE
of 26 May 1986
amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer
(86/197/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 Directive 79/112/EEC (4) has not yet provided for, as part of the compulsory wording on labels, any indication of the alcoholic strength of alcoholic beverages;
Whereas an indication of such strength is necessary in order to ensure that consumers are given adequate information;
Whereas the rules concerning indication of alcoholic strength are measures of a technical nature the adoption of which should be entrusted to the Commission in accordance with the procedures governing the various beverages concerned,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 79/112/EEC is hereby amended as follows:
1. The following point is added to Article 3 (1):
'(9) with respect to beverages containing more than 1,2 % by volume of alcohol, the actual alcoholic strength by volume.'
2. In Article 6 (3), 'and, possibly, indicating the alcoholic strength' is deleted.
3. The following Article is inserted:
'Article 10a
The rules concerning indication of the alcoholic strength by volume shall, in the case of products covered by tariff heading Nos 22.04 and 22.05, be those laid down in the specific Community provisions applicable to such products.
In the case of other beverages containing more than 1,2 % by volume of alcohol, these rules shall be laid down in accordance with the procedure provided for in Article 17.'
4. The first subparagraph of Article 11 (3) (a) is replaced by the following:
'(a) The particulars listed in Article 3 (1), points (1), (3), (4) and (9) shall be simultaneously visible.'
Article 2
1. Member States shall, where necessary, amend their legislation to comply with this Directive and shall forthwith inform the Commission thereof; legislation thus amended shall be applied in such a manner as to:
- permit trade in products which comply with this Directive by 1 May 1988 at the latest;
- prohibit trade in products which do not comply with this Directive as from 1 May 1989.
2. However, trade in beverages which do not comply with this Directive, labelled before the date in the second indent of paragraph 1, shall be permitted until stocks are exhausted.
Article 3
This Directive is addressed to the Member States.
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COMMISSION REGULATION (EC) No 2131/2004
of 14 December 2004
fixing the export refunds on poultrymeat applicable from 15 December 2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (1), and in particular the third subparagraph of Article 8(3) thereof,
Whereas:
(1)
Article 8 of Regulation (EEC) No 2777/75 provides that the difference between prices on the world market for the products listed in Article 1(1) of that Regulation and prices for those products on the Community market may be covered by an export refund.
(2)
It follows from applying these rules and criteria to the present situation on the market in poultrymeat that the refund should be fixed at an amount which would permit Community participation in world trade and would also take account of the nature of these exports and their importance at the present time.
(3)
Article 21 of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down detailed rules for the application of the system of export refunds on agricultural products (2) stipulates that no refund is granted if the products are not of sound and fair marketable quality on the date on which the export declaration is accepted. In order to ensure uniform application of the rules in force, it should be stated that, in order to qualify for the refund, the poultrymeat listed in Article 1 of Regulation (EEC) No 2777/75 must bear the health mark as laid down in Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultrymeat (3).
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
The codes of products for which, when they are exported, the export refund referred to in Article 8 of Regulation (EEC) No 2777/75 is granted and the amount of that refund shall be as shown in the Annex hereto.
However, in order to qualify for the refund, products falling within the scope of Chapter XII of the Annex to Directive 71/118/EEC must also satisfy the health marking conditions laid down in that Directive.
Article 2
This Regulation shall enter into force on 15 December 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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{COM} COMMISSION DECISION of 18 December 1991 on the establishment of the Community support framework for Community structural assistance in the areas eligible under Objective 2 in the province of Luxembourg in Wallonia (Belgium) (Only the French and Dutch texts are authentic)
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 paragraph of that provision, the Community support framework shall cover, in particular, the priorities adopted, the forms of assistance and the indicative financing plan, with details of the amount of assistance and its source, and the duration of the assistance;
Whereas Title III 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 by Decision 89/288/EEC (3) the Commission adopted an initial list of areas eligible under Objective 2;
Whereas by Decision 90/400/EEC (4) the Commission extended that list to take account of the decision of 17 December 1989 concerning the Rechar Community initiative (5);
Whereas on 30 April 1991 the Commission decided to retain that list for 1992 and 1993;
Whereas on 19 September 1991 the Belgian Government submitted to the Commission the plan referred to in Article 9 (8) of Regulation (EEC) No 2052/88 in respect of the areas eligible under Objective 2 in the province of Luxembourg;
Whereas the plan submitted by the Member State includes a description of the main priorities selected and indication of the use to be made of assistance from the European Regional Development Fund (ERDF) and the European Social Fund (ESF) in implementing it;
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, pursuant to Article 9 (9) of Regulation (EEC) No 2052/88, on 20 December 1989 the Commission adopted the Community support framework for the province of Luxembourg for 1989 to 1991; whereas this Community support framework constitutes the second phase (1992 to 1993) of Community assistance to that region under Objective 2;
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 this framework on the basis of the estimated loan arrangements indicated in this Decision and in accordance with 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 Commission support framework for Community structural assistance in the areas eligible under Objective 2 in the province of Luxembourg, covering the period 1 January 1992 to 31 December 1993, is hereby approved.
The Commission declares that it intends to contribute to the implementation of this Community support framework in accordance with the detailed provisions thereof and in compliance with the rules and guidelines governing the Structural Funds and the other existing financial instruments.
Article 2
The Community support framework contains the following essential information:
(a) the priorities for joint action:
- improving conditions for the development of small and medium-sized firms (p.m.),
- promotion of technological innovation,
- making the area and the environment more attractive;
(b) an outline of the forms of assistance (operational programmes) to be provided;
(c) an indicative financing plan specifying, at constant 1992 prices, the total cost of the priorities selected for joint action by the Community and the Member State (ECU 116,05 million over the whole period) and the total amount of the expected contribution from the Community budget for national initiatives and Community programmes, broken down as follows:
ERDF ECU 0,33 million
ESF ECU 0,24 million
Total for Structural Funds ECU 0,57 million.
The resultant national financing required (some ECU 0,62 million from the public sector and ECU 0,13 million from 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 Kingdom of Belgium.
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