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COMMISSION REGULATION (EEC) No 228/88
of 27 January 1988
determining the maximum amount of the compensation for tuna supplied to the canning industry for the period 1 September to 31 December 1986
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3796/81 of 29 December 1981 on the common organization of the market in fishery products (1), as last amended by Regulation (EEC) No 2315/86 (2), and in particular Article 17 (6) thereof,
Having regard to Council Regulation (EEC) No 1196/76 of 17 May 1976 laying down general rules for the granting of compensation to producers of tuna for the canning industry (3), and in particular Article 7 thereof,
Whereas the detailed rules for granting the compensatory allowance were laid down by Commission Regulation (EEC) No 2469/86 of 31 July 1986 laying down detailed rules for the granting of compensation to producers of tuna for the canning industry (4);
Whereas compensation is to be granted, if necessary, to Community producers of tuna in respect of tuna for the canning industry; whereas this measure was included in order to compensate Community producers for any disadvantages that may arise under the import arrangements; whereas by virtue of those arrangements a fall in the import prices for tuna could directly threaten the income level of Community producers of this product;
Whereas compensation is granted for the quantities of tuna supplied to the canning industry during the three-month period for which prices were recorded, where simultaneously the quarterly average price on the Community market and the free-at-frontier price are less than 90 % of the Community producer price and this fall in prices is occasioned by the level of prices on the world market in tuna and is not caused by an abnormal increase in the quantities produced by Community producers and landed in the Community;
Whereas, since the application of these arrangements to Spain and Portugal was postponed until 1 March 1986 in accordance with Article 394 of the Act of Accession, the situation on the markets in those two Member States can be assessed only on the basis of information covering each three-month period from 1 March 1986; whereas from 1 January 1987 orwards the analysis of the compensation file for tuna should be made for the Community as a whole and with the same periodicity, the application of this method for the 1986 fishing year makes it necessary, exceptionally, to consider the period from 1 September to 31 December 1986 as the third three- month period from 1 March 1986; whereas the market situation in Spain and Portugal should therefore be assessed on the basis of the situation prevailing from the second three-month period following that date and the maximum amount of the compensation fixed, where appropriate, for the period commencing on 1 September 1986;
Whereas an analysis of the situation on the market in tuna in Spain has shown that for certain species and presentations of the product considered, during the period 1 September to 31 December of the 1986 fishing year, both the quarterly average market price and the entry price referred to in Article 3 of Regulation (EEC) No 1196/76 were less than 90 % of the Community producer price in force, as fixed by Council Regulation (EEC) No 3605/85 of 17 December 1985 fixing the Community producer price for tuna intended for the canning industry for the 1986 fishing year (5);
Whereas the information currently available to the Commission does not suggest that the current level of prices on the Community market in Spain is caused by an abnormal increase in the quantities of Spanish production landed in the Community;
Whereas compensation should therefore be granted, for the period 1 September to 31 December 1986, to tuna producers established in Spain and the maximum amount of compensation for each of the products concerned should be fixed within the limits necessary to ensure that the fall in prices on the Community market does not threaten the income derived by producers of the products from the sale of the quantities produced, be it on the Community market or on that of third countries; whereas in order to assess the actual fall in income on the basis of available data, reference should be made to trends over a sufficiently representative period by means of appropriate criteria; whereas this maximum amount is fixed on the basis of data which, in the immediate future, of necessity reflect a situation which is fragmentary because limited to only part of the fishing year and as the year progresses it
will be necessary to take into account all the factors contributing to a more complete assessment of the situation;
Whereas the Management Committee for Fishery Products has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. The compensation referred to in Article 17 of Regulation (EEC) No 3796/81 shall apply for the period 1 September to 31 December 1986 to producers of tuna established in Spain for products intended for the canning industry in the Community within the following maximum amounts:
(ECU/tonne)
1.2 // // // Product // Maximum amount of compensation // // // Yellowfin tuna, whole, weighing more than 10 kg each // 70 // Yellowfin tuna, whole, weighing not more than 10 kg each // 82 // Whole skipjack // 0 // Big eye tuna // 0 // Albacore // 0 // //
2. The compensation shall be granted in accordance with the provisions of Regulation (EEC) No 2469/86.
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, 27 January 1988. | [
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*****
COMMISSION REGULATION (EEC) No 2988/90
of 16 October 1990
amending Regulation (EEC) No 1350/72 as regards the definition of areas under hops
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1696/71 of 26 July 1971 on the common organization of the market in hops (1), as last amended by Regulation (EEC) No 2780/90 (2), and in particular Article 13 (4) thereof,
Whereas Article 1 (3) of Commission Regulation (EEC) No 1350/72 (3), as last amended by Regulation (EEC) No 2590/85 (4), defines at a Community level the concept of 'area planted' to ensure uniform calculation of the areas qualifying for production aid; whereas experience has shown that this definition no longer complies with the requirements of expedient hop cultivation;
Whereas, due to the growing necessity for prudent pesticide application growers should be able to spray the outer rows of a hop garden from outside in order to avoid other cultures being affected; whereas, it would therefore be appropriate to allow for an additional gauge at each side of the hop garden; whereas cultivation would become easier if the areas at either end of the rows required for operating machinery were extended from five metres to eight metres in length since the machinery used today has become longer and needs more space to be turned;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Hops,
HAS ADOPTED THIS REGULATION:
Article 1
Article 1 (3) of Regulation (EEC) No 1350/72 is hereby amended as follows:
1. Point (a) is replaced by the following:
'(a) Without prejudice to the provision of (b) the area bounded by the line of the outer anchorage strings of the hop poles; in the case where this line carries hop plants, then at either side of the area an additional working gauge is added, whose width is corresponding with the average width of a working gauge inside the planted area; the additional working gauge must not form part of a highway;'
2. In point (b), 'more than five metres in length' is replaced by 'more than eight metres in length.'
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 Brussels, 16 October 1990. | [
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COMMISSION REGULATION (EC) No 1037/2007
of 29 August 2007
suspending the introduction into the Community of specimens of certain species of wild fauna and flora
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (1) and in particular Article 19(2) thereof,
After consulting the Scientific Review Group,
Whereas:
(1)
Article 4(6) of Regulation (EC) No 338/97 provides that the Commission may establish restrictions to the introduction of certain species into the Community in accordance with the conditions laid down in points (a) to (d) thereof. Furthermore, implementing measures for such restrictions have been laid down in Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 of the protection of species of wild fauna and flora by regulating trade therein (2).
(2)
A list of species for which the introduction into the Community is suspended was established in Commission Regulation (EC) No 349/2003 of 25 February 2003 suspending the introduction into the Community of specimens of certain species of wild fauna and flora (3).
(3)
The enlargement of the European Union to 27 Member States from 1 January 2007 requires that all pre-existing suspensions in respect of species originating from the new Member States be deleted from that list.
(4)
On the basis of recent information, the Scientific Review Group has concluded that the conservation status of certain species listed in Annexes A and B to Regulation (EC) No 338/97 will be seriously jeopardised if their introduction into the Community from certain countries of origin is not suspended. The introduction of the following species should therefore be suspended: Capra falconeri from Uzbekistan (hunting trophies); Manis temminckii from Democratic Republic of the Congo; Hieraaetus ayresii, Polemaetus bellicosus, Sagittarius serpentarius, Poicephalus gulielmi, Glaucidium perlatum, Scotopelia bouvieri and Chamaeleo montium from Cameroon; Torgos tracheliotus from Cameroon and Sudan; Coracopsis vasa from Madagascar; Otus leucotis from Guinea; Geochelone sulcata from Togo (ranched specimens); Pelochelys cantorii, Hippocampus barbouri, H. comes, H. histrix and H. spinosissimus from Indonesia; Strombus gigas from Grenada; Agaricia agaricites from Haiti; Platygyra sinensis from Tonga; Dendrobium bellatulum, D. wardianum and Phalaenopsis parishii from Vietnam.
(5)
The Scientific Review Group has also concluded that, on the basis of the most recent available information, the suspension of the introduction into the Community of the following species should no longer be required: Kinixys erosa from Togo; Phelsuma minuthi and Furcifer pardalis (ranched specimens) from Madagascar; Chamaeleo gracilis (ranched specimens with snout to vent length lesser than 8 cm), Chamaeleo senegalensis (ranched specimens with snout to vent length lesser than 6 cm) and Varanus exanthematicus (ranched specimens smaller than 35 cm in length) from Togo; Strombus gigas from Antigua and Barbuda, Barbados, Dominica, Trinidad and Tobago; Galanthus nivalis from Bulgaria; Pericopsis elata from Central African Republic and Republic of Congo; Ophrys insectifera, O. sphegodes, Orchis papilionacea and O. simia from Romania.
(6)
The countries of origin of the species which are subject to new restrictions to introduction into the Community pursuant to this Regulation have all been consulted.
(7)
The list of species for which the introduction into the Community is suspended should therefore be amended. In view of the number of previous amendments, Regulation (EC) No 349/2003 should be, for clarity reasons, replaced.
(8)
The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora,
HAS ADOPTED THIS REGULATION:
Article 1
Subject to the provisions of Article 71 of Regulation (EC) No 865/2006, the introduction into the Community of specimens of the species of wild fauna and flora listed in the Annex to this Regulation is hereby suspended.
Article 2
Regulation (EC) No 349/2003 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation.
Article 3
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 August 2007. | [
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COUNCIL REGULATION (EC) No 3096/95
of 22 December 1995
amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to member of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 51 and 235 thereof,
Having regard to the proposal from the Commission, submitted following consultation of the Administrative Commission on Social Security for Migrant Workers (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 it is necessary to introduce certain amendments to Regulations (EEC) No 1408/71 (4) and EEC No 574/72 (5); whereas some of these amendments are linked to changes introduced by Member States to their social security legislation, with others being technical in nature and intended to complete the said Regulations;
2. Whereas it is necessary, given the fact that the nature of and the conditions for granting special adoption allowances are similar to those for childbirth allowances, to supplement Article 1 (u) (i) of Regulation (EEC) No 1408/71 in order to enable reference to be made to these in Section II of Annex II;
3. Whereas it appears necessary to enable seconded employed persons employed on the territory of several Member States or employed on the territory of a Member State in an undertaking having its registered place of business in another Member State and operating across their shared frontier; self-employed workers in similar situations; seamen in comparable situations and persons benefiting from a derogation to the provisions of Articles 13 to 16 of Regulation (EEC) No 1408/71 by agreement between competent authorities, including civil servants and persons treated as such; and to members of their families accompanying them, to benefit from the provisions of Article 22 (1) (a) of Regulation (EEC) No 1408/71 for any situation in which benefits are required, provided that the stay is for occupational purposes;
4. Whereas it is necessary, for reasons of simplification and unification of the administrative regulations, to delete Article 32 of Regulation (EEC) No 1408/71;
5. Whereas Article 49 (1) (b) permits payment of benefit taking account only of periods completed under legislations conferring entitlement, when these periods suffice for calculating benefits by applying the legislations whose conditions are satisfied; whereas however taking account of periods completed under legislations whose conditions of entitlement are not satisfied may result in higher levels of benefit in certain situations, to be determined, under the legislations for which the conditions are satisfied; whereas it therefore appears useful to supplement Article 49 (1) (b) (i) and (ii) in order to permit such periods to be taken into account when it results in the person concerned receiving a higher level of benefit;
6. Whereas it is necessary to amend the heading 'B. DENMARK' of Annex I.II to Regulation (EEC) No 1408/71 in order to specify the current definition of the expression 'members of the family';
7. Whereas, in the light of the amendment to be introduced to Article 1 (u) (i) of Regulation (EEC) No 1408/71, the title of Section II of Annex II must be amended accordingly; whereas the headings 'A. BELGIUM' and 'E. FRANCE' of this Annex should be supplemented to take account respectively of the adoption premium and adoption allowance which have been introduced in the legislation of these Member States in relation to family benefits;
8. Whereas it is necessary to add to Annex IIa to Regulation (EEC) No 1408/71, under the heading 'B. DENMARK', the accommodation allowance for retired persons, and under the heading 'O. UNITED KINGDOM', the income-based allowances for jobseekers, which constitute special non-contributory benefit within the meaning of paragraph 2a of Article 4 of Regulation (EEC) No 1408/71;
9. Whereas it would appear advantageous to specify in Annex III A and B, heading '35. GERMANY - AUSTRIA', (e) to Regulation (EEC) No 1408/71, that the temporary application of the provisions of the bilateral agreement between Germany and Austria also remain valid in the event of a transformation of a pension;
10. Whereas it has become necessary, following the judgments of the Court of Justice delivered in Case 87/76 (Bozzone) and Joined Cases 82 and 103/86 (Laborero e Sabato), to make certain amendments to the Annexes to Regulations (EEC) No 1408/71 and (EEC) No 574/72 to take account of the fact that the Belgian Overseas Social Insurance System falls within the scope of the said Regulations;
11. Whereas the heading 'O. UNITED KINGDOM' of Annex IV C to Regulation (EEC) No 1408/71 should be amended to enable the competent United Kingdom authorities to renounce the pro rata calculation of the pension when this calculation does not give a result financially more favourable to the beneficiary;
12. Whereas, following changes in German legislation on this subject, it is necessary to adapt accordingly the heading 'C. GERMANY' of Annex VI to Regulation (EEC) No 1408/71;
13. Whereas it is also necessary to delete points 1 and 2 and insert a new point under the heading 'L. PORTUGAL' of Annex VI to Regulation (EEC) No 1408/71 in order that active or retired civil servants and members of their family may receive sickness and/or maternity benefits in kind in the event of immediate need during the course of a stay in the territory of another Member State or when travelling there to receive care appropriate to their state of health with the prior authorization of the competent Portuguese institutions;
14. Whereas, following the agreements concluded between Belgium and Luxembourg, point 1 of Annex VII to Regulation (EEC) No 1408/71 should be adjusted accordingly;
15. Whereas it is necessary to insert a new Article 19a in Regulation (EEC) No 574/72 in order to permit the administrative and financial implementation of the provision of benefits in kind in the event of a stay in the competent State of members of the family residing in a Member State other than that in which the employed or self-employed person resides;
16. Whereas, following an administrative reorganization in Austria, it is necessary to adapt accordingly the heading 'K. AUSTRIA' in Annexes 1, 2, 3, 4 and 10 to Regulation (EEC) No 574/72; 17. Whereas items '4. BELGIUM - FRANCE', '23. DENMARK - AUSTRIA', '41. FRANCE - ITALY', '82. ITALY - UNITED KINGDOM', '84. LUXEMBOURG - AUSTRIA', '95. AUSTRIA - FINLAND' and '97. AUSTRIA - UNITED KINGDOM' of Annex 5 to Regulation (EEC) No 574/72 must be adapted to take account of agreements concluded by these Member States,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1408/71 shall be amended as follows:
1. Article 1 (u) (i) is replaced by the following text:
'(i) the term "family benefits" means all benefits in kind or in cash intended to meet family expenses under the legislation provided for in Article 4 (1) (h), excluding the special childbirth or adoption allowances referred to in Annex II;'
2. after Article 22a the following Article is inserted:
'Article 22 b
Employment in a Member State other than the competent State - Stay in the State of employment
The employed or self-employed person referred to in Article 13 (2) (d), 14, 14a, 14b, 14c (a) or 17, and members of the family accompanying him, shall benefit from the provisions of Article 22 (1) (a) for any condition requiring benefits during a stay in the territory of the Member State in which the worker is employed or whose flag the vessel aboard which the worker is employed is flying.';
3. Article 32 is deleted;
4. In Article 36 (1), 'without prejudice to the provisions of Article 32' is deleted;
5. Article 49 (1) (b) is amended as follows:
(a) in (i) after 'of Article 46 (2)' the following is added:
'unless taking account of the said periods makes it possible to determine a higher amount of benefit;'
(b) point (ii) is replaced by the following text:
'(ii) if the person concerned satisfies the conditions of one legislation only without having recourse to periods of insurance or residence completed under the legislations whose conditions are not satisfied, the amount of the benefit due shall, in accordance with Article 46 (1) (a) (i), be calculated only in accordance with the provisions of the legislation whose conditions are satisfied, taking account of the periods completed under that legislation only, unless taking account of the periods completed under the legislations whose conditions are not satisfied makes it possible, in accordance with Article 46 (1) (a) (ii), to determine a higher amount of benefit.';
6. In Annex I.II, the heading 'B. DENMARK' is replaced by the following:
'B. DENMARK
For the purpose of determining a right to sickness or maternity benefits in kind existing pursuant to Articles 22 (1) (a) and 31 of the Regulation, the expression "member of the family" shall mean:
1. the spouse of an employed person, a self-employed person or other entitled person under the terms of the Regulation, in so far as they are not themselves entitled persons under the terms of the Regulation; or
2. a child under 18 years of age in the care of someone who is an entitled person under the terms of the Regulation.';
7. in Annex II, Section II is amended as follows:
(a) the title is replaced by the following:
'II. Special childbirth or adoption allowances excluded from the scope of the Regulation under the terms of Article 1 (u) (i)';
(b) the heading 'A. BELGIUM' is replaced by the following:
'A. BELGIUM
(a) Childbirth allowance
(b) Adoption premium.';
(c) the heading 'E. FRANCE' is replaced by the following:
'E. FRANCE
(a) Allowance for young children up to the age of three months
(b) Adoption allowance.';
8. Annex IIa is amended as follows:
(a) the heading 'B. DENMARK' is replaced by the following:
'B. DENMARK
Accommodation expenses for pensioners (Law on individual accommodation assistance, consolidated by Law No 204 of 29 March 1995.';
(b) the heading 'O. UNITED KINGDOM' is supplemented by the following:
'(h) Income-based allowances for jobseekers (Jobseekers Act 1995, 28 June 1995, Sections I (2) (d) (ii) and 3, and Jobseekers (Northern Ireland) Order 1995, 18 October 1995, Articles 3 (2) (d) (ii) and 5).';
9. in Annex III, Part A is amended as follows:
(a) point 8 is replaced by the following:
'8. BELGIUM - LUXEMBOURG
Articles 2 and 4 of the Agreement of 27 October 1971 (Overseas social insurance).';
(b) point 9 is replaced by the following:
'9. BELGIUM - NETHERLANDS
Articles 2 and 4 of the Agreement of 4 February 1969 (Overseas occupation).';
(c) point 11 is replaced by the following:
'11. BELGIUM - PORTUGAL
Articles 1 and 5 of the Convention of 13 January 1965 (Social insurance for employees in the Belgian Congo and Rwanda-Urundi), in the wording contained in the Agreement concluded by an exchange of letters dated 18 June 1982.';
(d) In point '35. GERMANY - AUSTRIA', (e) (i) and (ii) are replaced by the following:
'(i) the benefit has already been paid or is payable on 1 January 1994;
(ii) the beneficiary has established his habitual residence in Austria before 1 January 1994 and the payment of pensions due under the pension and accident insurance begins prior to 31 December 1994;
this shall also apply to periods during which another pension, including a survivor's pension was collected, replacing the initial one, where the periods of collection follow each other without interruption.';
10. Annex III, part B, is amended as follows:
(a) point 8 is replaced by the following text:
'8. BELGIUM - LUXEMBOURG
Articles 2 and 4 of the Agreement of 27 October 1971 (overseas social security)';
(b) point 9 is replaced by the following text:
'9. BELGIUM - NETHERLANDS
Articles 2 and 4 of the Agreement of 4 February 1969 (Overseas occupation)';
(c) point 10 is replaced by the following text:
'10. BELGIUM - PORTUGAL
Articles 1 and 5 of the Convention of 13 January 1965 (social security for employees of the Belgian Congo and Rwanda-Urundi) in the wording that appears in the Agreement concluded by exchange of letters dated 18 June 1982.';
(d) in point '35. GERMANY - AUSTRIA', (e) (i) and (ii) are replaced by the following text:
'(i) the benefit has already been paid or is payable on 1 January 1994;
(ii) the beneficiary has established his habitual residence in Austria before 1 January 1994 and the payment of pensions due under the pension and accident insurance begins prior to 31 December 1994;
this shall also apply to periods during which another pension, including a survivor's pension was collected, replacing the initial one, when the periods of collection follow each other without interruption.';
11. in Annex IV, Part A, the text of the heading 'A. BELGIUM' is replaced by the following text:
'A. BELGIUM
(a) Legislation relating to the general invalidity scheme, the special invalidity scheme for miners and the special scheme for merchant navy mariners.
(b) Legislation on insurance for self-employed persons against incapacity to work.
(c) Legislation relating to invalidity in the overseas social insurance scheme and the invalidity scheme for former employees of the Belgian Congo and Rwanda-Urundi.';
12. in Annex IV C, the text of the heading 'O. UNITED KINGDOM' is replaced by the following text:
'O. UNITED KINGDOM
All applications for retirement and widow's pension determined pursuant to the provisions of Title III, Chapter 3 of the Regulation, with the exception of those for which:
(a) during a tax year beginning on or after 6 April 1975:
(i) the party concerned had completed periods of insurance, employment or residence under the legislation of the United Kingdom and of another Member State; and
(ii) one (or more) of the tax years referred to in (i) was not considered a qualifying year within the meaning of the legislation of the United Kingdom;
(b) the periods of insurance completed under the legislation in force in the United Kingdom for the periods prior to 5 July 1948 would be taken into account for the purposes of Article 46 (2) of the Regulation by application of the periods of insurance, employment or residence under the legislation of another Member State.';
13. in Annex V the table under the heading 'BELGIUM' is replaced by the following table:
'BELGIUM
TABLE
'14. Annex VI is amended as follows:
(a) the heading 'C. GERMANY' is amended as follows:
(i) paragraphs 1 to 8 are replaced by the following text:
'1. The provisions of Article 10 of the Regulation are without prejudice to the provisions under which accidents (and occupational diseases) occurring outside the territory of the Federal Republic of Germany, and periods completed outside that territory, do not give grounds for benefits, or do so only subject to certain conditions, when the persons concerned are resident outside the territory of the Federal Republic of Germany.
2. (a) The standard period for allocation (pauschale Anrechnungszeit) shall be determined exclusively with reference to German periods.
(b) For the purpose of taking into account German pension periods for miners' pension insurance, only German legislation shall apply.
(c) For the purpose of taking into account German substitute periods (Ersatzzeiten), only German legislation shall apply.
3. If application of the Regulation or later regulations on social security places an exceptional burden on certain sickness insurance institutions, that shall be compensated for in full or in part. The Federal Association of Local General Funds, as liaison body (sickness insurance), shall take decisions regarding such compensation by common agreement with the other central federations of sickness funds. The resources necessary to implement the compensation shall be provided by taxes levied on all the sickness insurance institutions in proportion to the average number of members over the previous years, with the exception of retired members.
4. Article 7 of Book VI of the Social Code shall apply to nationals of the other Member States and to stateless persons and refugees residing in the territory of other Member States, according to the following rules.
If the general conditions are fulfilled, voluntary contributions may be paid to the German pension insurance scheme:
(a) if the person concerned is domiciled or resident in the territory of the Federal Republic of Germany;
(b) if the party concerned is domiciled or resident in the territory of another Member State and has at some point previously contributed, either compulsorily or voluntarily, to the German pension insurance scheme;
(c) if the party concerned is a national of another Member State, is domiciled or resident in the territory of a third Member State, has contributed for at least 60 months to the German pension insurance scheme or was eligible for voluntary insurance pursuant to Article 232 of Book VI of the Social Code, and is not compulsorily or voluntarily insured under the legislation of another Member State.';
(ii) paragraph 12 is replaced by the following text:
'12. Periods of compulsory insurance completed under the legislation of another Member State, either under a special scheme for craftsmen, or, if no such scheme exists, under a special scheme for self-employed persons or under the general scheme, shall be taken into account to justify the existence of the 18 years of compulsory contributions required for exemption from compulsory affiliation to pension insurance for self-employed craftsmen.';
(iii) paragraphs 15 and 16 are replaced by the following text:
'15. Greek teachers who have civil servant status and who, by the fact that they have taught in German schools, have contributed to the compulsory German pension insurance scheme as well as to the special Greek civil servant scheme and who ceased to be covered by compulsory German insurance after 31 December 1978 may, on request, have the compulsory contributions reimbursed in accordance with Article 210 of Book VI of the Social Code. Applications for reimbursement of contributions are to be introduced during the course of the year following the date of entry into force of this provision. The party concerned may also pursue his claim within the six calendar months following the date on which he ceased to be subject to compulsory insurance.
Article 210 (6) of Book VI of the Social Code shall only apply with regard to the periods during which compulsory contributions to the pension insurance scheme were paid in addition to contributions to the special Greek civil servant scheme and with regard to the allocation periods immediately following the periods during which these compulsory contributions were paid.';
(iv) After paragraph 19, the following text is inserted:
'20. Where the provisions of German pension law in force on 31 December 1991 apply, the provisions of Annex VI shall also apply in the version thereof in force on 31 December 1991.';
(b) the text under the heading 'L. PORTUGAL' is replaced by the following text:
'L. PORTUGAL
Serving or retired civil servants, and members of their families, covered by a special health care scheme, may receive sickness and maternity benefits in kind in the event of immediate need during a stay in the territory of another Member State or when travelling there to receive care appropriate to their state of health with the prior authorization of the competent Portuguese institution, in accordance with the procedures laid down in Article 22 (1) (a) and (c), the second sentence of paragraph 2 and paragraph 3 and in Article 31 (a) of Regulation (EEC) No 1408/71, under the same conditions as employed and self-employed persons covered by the general social security scheme.';
15. In Annex VII, item 1 is amended as follows:
'1. Where he is self-employed in Belgium and gainfully employed in any other Member State.'
Article 2
Regulation (EEC) No 574/72 is amended as follows:
1. the following text is inserted after Article 19:
'Application of the second indent of Article 21 (2) of the Regulation
Article 19a
Benefits in kind in the event of a stay in the competent State - Members of the family resident in the Member State other than that in which the employed or self-employed person resides
1. In order to receive benefits in kind under the terms of Article 21 of the Regulation, members of the family shall present to the institution at the place of stay a certificate stating that they are entitled to the said benefits. This certificate, which shall be provided by the institution of the place of residence of the members of the family, if possible prior to their leaving the territory of the Member State on which they reside, shall, in particular, indicate where appropriate the maximum period for granting benefits in kind, as laid down by the legislation of that Member State. If the members of the family do not present the said certificate, the institution at the place of stay shall contact the institution of the place of residence in order to obtain it.
2. The provisions of Article 17 (6) (7) and (9) of the implementing Regulation shall apply by analogy. In this case, the institution of the place of residence of the members of the family shall be considered the competent institution.';
2. In the text under the heading 'K. AUSTRIA', in Annex 1, item 2 is replaced by the following text:
'2. Bundesminister fuer Jugend und Familie (Federal Minister for Youth and the Family), Vienna.';
3. Annex 2 is amended as follows:
(a) Heading 'A. BELGIUM' is amended as follows:
(i) in 1 (a) (ii), 'Sailing under the Belgian flag' is deleted and the following text is added:
'(iii) for persons covered by the overseas social insurance scheme:
Overseas Social Insurance Office, Brussels
(iv) for former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels';
(ii) in 1 (b), 'Sailing under the Belgian flag' is deleted;
(iii) in 2 (c), 'Sailing under the Belgian flag' is deleted and the following text is added:
'(d) invalidity of persons covered by the overseas social insurance scheme:
Overseas Social Insurance Office, Brussels
(e) invalidity of former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels';
(iv) the text of 3 is replaced by the following text:
'3. Old-age, death (pensions)
(a) general scheme (manual workers, clerical staff, miners and mariners):
National Pension Office, Brussels
(b) non-salaried persons scheme:
National Social Insurance Institute for Self-Employed persons, Brussels
(c) overseas social insurance scheme:
Overseas Social Insurance Office, Brussels
(d) scheme for former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels';
(v) in 4 the following text is added:
'(e) scheme for former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels';
(vi) item 5 is replaced by the following text:
'5. Occupational diseases
(a) as a general rule:
Occupational Diseases Fund, Brussels
(b) scheme for former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels';
(vii) in 6 (a) (ii), 'Sailing under the Belgian flag' is deleted and the following text is added:
'(iii) for persons covered by the overseas social insurance scheme:
Overseas Social Insurance Office, Brussels
(iv) for former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels';
(viii) in 6 (b) the following text is added:
'(iii) for former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels';
(ix) 6 (c) is replaced by the following text:
'(c) Occupational diseases
(i) as a general rule:
Occupational Accidents Fund, Brussels
(ii) for former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels';
(x) the text of 8 is replaced by the following text:
'8. Family benefits
(a) employed persons scheme:
National Family Allowances Office for Employed Persons, Brussels
(b) self-employed persons' scheme:
National Social Insurance Institute for Self-Employed persons, Brussels
(c) scheme for former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels';
(b) the text under the heading 'K. AUSTRIA' is amended as follows:
(i) the provision under 2 is preceded by the letter (a) and the following subparagraph (b) is added:
'(b) for application of Article 45 (6) of the Regulation, if no contribution period has been completed under Austrian legislation:
Pensionsversicherungsanstalt der Angestellten (Employed Persons' Pension Insurance Institution), Vienna';
(ii) in 3 (a) and (b), 'Arbeitsamt (Employment Office)' is replaced by 'Regionale Geschaeftsstellen des Arbeitsmarktservice (Local Office of the Labour Market Service)';
4. Annex 3 is amended as follows:
(a) Heading 'A. BELGIUM' is amended as follows:
(i) I. 1 (a) is replaced by the following:
'(a) For the purpose of applying Articles 17, 18, 22, 25, 28, 29, 30 and 32 of the implementing Regulation:
(i) in general:
the insurance bodies
(ii) for persons covered by the overseas social insurance scheme:
Overseas Social Insurance Office, Brussels
(iii) for former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels';
(ii) in I. 1 (b), 'Sailing under the Belgian flag' is deleted and the following text is added:
'(iii) for persons covered by the overseas social insurance scheme:
Overseas Social Insurance Office, Brussels
(iv) for former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels';
(iii) in I. 2. (c), 'Sailing under the Belgian flag' is deleted and the following text is added:
'(d) invalidity of persons covered by the overseas social insurance scheme:
Overseas Social Insurance Office, Brussels
(e) invalidity of former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels';
(iv) 3 is replaced by the following text:
'3. Old-age, death (pensions)
(a) general scheme (manual workers, clerical staff, miners and mariners):
National Pension Office, Brussels
(b) non-salaried persons scheme:
National Social Insurance Institute for Self-Employed persons, Brussels
(c) overseas social insurance scheme:
Overseas Social Insurance Office, Brussels
(d) scheme for former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels';
(v) in I. 4, after 'the insurance bodies' a new line is added containing the words 'Overseas Social Insurance Office, Brussels';
(vi) in I. 5, after 'Occupational Diseases Fund, Brussels' a new line is added containing the words 'Overseas Social Insurance Office, Brussels';
(vii) I. 6 is replaced by the following text:
'6. Death grants
(i) in general:
The insurance bodies, together with the National Sickness and Invalidity Insurance Institute, Brussels
(ii) for persons covered by the overseas social insurance scheme:
Overseas Social Insurance Office, Brussels
(iii) for former employees of the Belgian Congo and Rwanda-Urundi
Overseas Social Insurance Office, Brussels';
(viii) I. 8 is replaced by the following text:
'8. Family benefits
(a) employed persons:
National Family Allowances Office for Employed Persons, Brussels
(b) self-employed persons:
National Social Insurance Institute for Self-Employed persons, Brussels
(c) for former employees of the Belgian Congo and Rwanda-Urundi
Overseas Social Insurance Office, Brussels';
(ix) II is replaced by the following text:
'II. INSTITUTIONS OF THE PLACE OF STAY
1. Sickness, maternity:
National Sickness and Invalidity Insurance Institute, Brussels, through the insurance bodies;
Overseas Social Insurance Office, Brussels
2. Accidents at work:
National Sickness and Invalidity Insurance Institute, Brussels, through the insurance bodies;
Overseas Social Insurance Office, Brussels
3. Occupational diseases:
Occupational Diseases Fund, Brussels;
Overseas Social Insurance Office, Brussels';
(b) In heading 'K. AUSTRIA', items 4 and 5 (b), 'Arbeitsamt (Employment Office)' are replaced by 'Regionale Geschaeftsstelle des Arbeitsmarktservice (Local Office of the Labour Market Service)';
5. Annex 4 is amended as follows:
(a) heading 'A. BELGIUM' is amended as follows:
(i) in 1 (b), 'Sailing under the Belgian flag' is deleted and the following text is added:
'(c) for persons covered by the overseas social insurance scheme:
Overseas Social Insurance Office, Brussels
(d) for former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels';
(ii) in 2 (c), 'Sailing under the Belgian flag' is deleted and the following text is added:
'(d) invalidity of persons covered by the overseas social insurance scheme:
Overseas Social Insurance Office, Brussels
(e) invalidity of former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels'
(iii) 3 is replaced by the following text:
'3. Old-age, death (pensions)
(a) For the purposes of applying Articles 41 to 43 and 45 to 50 of the implementing Regulation:
(i) for manual workers, clerical staff, miners and seafarers:
National Pension Office, Brussels
(ii) for self-employed persons:
National Social Insurance Institute for Self Employed persons, Brussels
(iii) for persons covered by the overseas social insurance scheme:
Overseas Social Insurance Office, Brussels
(iv) for former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels
(b) For the purposes of applying Articles 45 (paying institution), 53 (1), 110 and 111 (1) and (2) of the implementing Regulation:
(i) for manual workers, clerical staff, miners, seafarers and self-employed persons:
National Pension Office, Brussels
(ii) for persons covered by the overseas social insurance scheme:
Overseas Social Insurance Office, Brussels';
(iii) for former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels
(iv) in 4 (a), after 'Accidents at Work Fund, Brussels', 'Overseas Social Insurance Office, Brussels' is added in a new line;
(v) in 4 (b), after 'Ministry of Social Welfare', 'Overseas Social Insurance Office, Brussels' is added in a new line;
(vi) in 5 (b), after 'Sailing under the Belgian flag' is deleted and the following text is added:
'(c) for persons covered by the overseas social insurance scheme:
Overseas Social Insurance Office, Brussels;
(d) for former employees of the Belgian Congo and Belgian Rwanda:
Overseas Social Insurance Office, Brussels';
(vii) 7 is replaced by the following text:
'7. Familiy benefits
(a) for employed persons:
National Family Allowances Office for Employed Persons, Brussels
(b) for self-employed persons:
National Social Insurance Institute for Self-Employed Persons, Brussels
(c) for former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels';
(b) the heading 'K. AUSTRIA' is amended as follows:
(i) in 2 (a), 'Landesarbeitsamt Salzburg (Provincial Employment Office Salzburg), Salzburg' is replaced by 'Landesgeschaeftsstelle Salzburg des Arbeitsmarktservice (Regional Office of the Labour Market Service Salzburg), Salzburg';
(ii) in 2 (b), 'Landesarbeitsamt Wien (Provincial Employment Office Vienna), Wien.' is replaced by 'Landesgeschaeftsstelle Wien des Arbeitsmarktservice (Regional Office of the Labour Market Service, Vienna), Wien';
(iii) in 3 (a), 'Bundesministerium fuer Umwelt, Jugend und Familie (Federal Ministry of the Environment, Youth and the Family)' is replaced by 'Bundesministerium fuer Jugend und Familie (Federal Ministry of Youth and the Family)';
(iv) 3 (b) is replaced by the following text:
'(b) Karenzurlaubsgeld (special maternity allowance):
(i) relations with Germany:
Landesgeschaeftsstelle Salzburg des Arbeitsmarktservice (Salzburg regional office of the Labour Market Service), Salzburg.
(ii) in all other cases:
Landesgeschaeftsstelle Wien des Arbeitsmarktservice (Vienna regional office of the Labour Market Service), Wien.';
6. Annex 5 is amended as follows:
(a) in '4. BELGIUM-FRANCE', the following item is added:
'(i) The exchange of letters of 21 November 1994 and 8 February 1995 concerning the procedures for the settlement of reciprocal claims pursuant to Articles 93, 94, 95 and 96 of the implementing Regulation';
(b) in '8. BELGIUM-LUXEMBOURG' items (a), (b) and (f) are deleted;
(c) in '23. DENMARK-AUSTRIA', 'none' is replaced by the following text:
'Agreement of 13 February 1995 concerning the reimbursement of expenditure in the field of social security';
(d) in '53. FRANCE-ITALY', the following item is added:
'(c) The supplementary exchange of letters of 22 March and 15 April 1994 concerning the procedures for the settlement of reciprocal debts under the terms of Articles 93, 94, 95 and 96 of the implementing Regulation';
(e) in '82. ITALY-UNITED KINGDOM', 'none' is replaced by the following text:
'The exchange of letters of 1 and 16 February 1995 concerning Articles 36 (3) and 63 (3) of the Regulation (reimbursement or waiving of reimbursement of expenditure for benefits in kind) and Article 105 (2) of the implementing Regulation (waiving of reimbursement of the costs of administrative checks and medical examinations)';
(f) in '84. LUXEMBOURG-AUSTRIA', 'none' is replaced by the following text:
'Agreement of 22 June 1995 on the reimbursement of expenditure in the field of social security';
(g) in '95. AUSTRIA-FINLAND', 'none' is replaced by the following text:
'Agreement of 23 June 1994 on the reimbursement of expenditure in the field of social security';
(h) in '97. AUSTRIA-UNITED KINGDOM', the following item is added:
'(c) Agreement of 30 November 1994 concerning the reimbursement of expenditure for social security benefits';
7. Annex 10 is amended as follows:
(a) heading 'A. BELGIUM' is amended as follows:
(i) in 2, 'Sailing under the Belgian flag' is deleted;
(ii) 6 (a) is replaced by the following text:
'(a) sickness, maternity, and accidents at work:
(i) in general:
National Sickness and Invalidity Insurance Institute, Brussels
(ii) for persons covered by the overseas social insurance scheme:
Overseas Social Insurance Office, Brussels;
(iii) for former employees of the Belgian Congo and Rwanda-Urundi:
Overseas Social Insurance Office, Brussels';
(b) in 'J. NETHERLANDS', in item 1, 'Sociale verzekeringsraad (Social Security Council), Zoetermeer' is replaced by 'Sociale verzekeringsbank (Social Security Bank), Amstelveen';
(c) heading 'K. AUSTRIA' is amended as follows:
(i) 1 is deleted;
(ii) in 2, 'Bundesminister fuer Umwelt, Jugend und Familie (Federal Ministry for the Environment, Youth and the Family)' is replaced by 'Bundesminister fuer Jugend und Familie (Federal Minister for Youth and the Family)';
(iii) after 2, the following is added:
'3. For the application of Article 14d (3) of the Regulation: the competent institution';
(iv) in 5 and 6, 'Arbeitsamt (Employment Office)' is replaced by 'Regionale Geschaeftsstelle des Arbeitsmarktservice (Regional Office of the Labour Market Service)';
(v) in 7 (b), 'Landesarbeitsamt Wien (Provincial Employment Office Vienna)' is replaced by 'Landesgeschaeftsstelle Wien des Arbeitsmarktservice (Regional Office of the Labour Market Service Vienna)'.
Article 3
This Regulation shall enter into force on the first day of the month following its publication in the Official Journal of the European Communities.
As regards old age benefits and survivor's benefits Article 1 (5) shall apply with effect from 1 June 1992.
This Regulation shall be binding in its entirety and directly applicable in all Member States
Done at Brussels, 22 December 1995. | [
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COMMISSION REGULATION (EEC) No 2527/93 of 13 September 1993 re-establishing the levying of customs duties on products of categories 58 and 144 (order Nos 40.0580 and 40.140), originating in China, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3832/90 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3832/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of textile products originating in developing countries (1), extended for 1993 by Regulation (EEC) No 3917/92 (2), and in particular Article 12 thereof,
Whereas Article 10 of Regulation (EEC) No 3832/90 provides that preferential tariff treatment shall be accorded for 1993 for each category of products subjected in Annexes I and II thereto to individual ceilings, within the limits of the quantities specified in column 8 of Annex I and column 7 of Annex II, in respect of certain or each of the countries or territories of origin referred to in column 5 of the same Annexes;
Whereas Article 11 of the abovementioned Regulation provides that the levying of customs duties may be re-established at any time in respect of imports of the products in question once the relevant individual ceilings have been reached at Community level;
Whereas, in respect of products of categories 58 and 144 (order Nos 40.0580 and 40.1140), originating in China, the relevant ceiling respectively amounts to 57 and 13 tonnes;
Whereas on 17 February 1993 imports of the products in question into the Community, originating in China, 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 China,
HAS ADOPTED THIS REGULATION:
Article 1
As from 18 September 1993 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 China:
/* Tables: see OJ */
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, 13 September 1993. | [
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Commission Regulation (EC) No 616/2002
of 11 April 2002
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1498/98(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 12 April 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 April 2002. | [
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*****
COMMISSION DECISION
of 9 April 1987
on the sale of olive oil held by the Greek intervention agency
(Only the Greek text is authentic)
(87/242/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No 1454/86 (2), and in particular Article 12 (4) thereof,
Whereas Article 2 of Council Regulation (EEC) No 2754/78 of 23 November 1978 on intervention in the olive oil sector (3), provides that, if special conditions so warrant, olive oil held by intervention agencies may be offered for sale according to a procedure other than by tender;
Whereas the Greek intervention agency is holding a stock of lampante olive oil from intervention during the 1985/86 marketing year;
Whereas, in view of the small quantities in stock, the provisions of Article 4 (2) of Regulation (EEC) No 3247/81 (4), should be applied; whereas for the same reasons it should be sold as a single lot; by quality whereas such a sale may therefore interest only a limited number of traders; whereas in these circumstances the procedure of sale by tender will not be adopted; whereas the Greek intervention agency should therefore sell this product on the best possible terms, subject to the intervention price being observed;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS DECISION:
Article 1
1. The Greek intervention agency, Ypiresia Diachiriseos Agoron Georgikon Proionton, hereafter named 'YDAGEP', shall offer for sale on the terms specified hereinafter a lot of approximately 14 tonnes of fine virgin olive oil and a lot a approximately 8 tonnes of lampante olive oil currently in its possession resulting from intervention on the olive oil market during the 1985/86 marketing year.
2. Notice of the sale shall be displayed by YDAGEP at its head office: Acharnon 2, Athens, Greece, on 10 April 1987.
Article 2
1. YDAGEP shall make the necessary arrangements to enable prospective tenderers to ascertain the quality and characteristics of the products offered for sale.
2. Applications to purchase, in writing, must reach YDAGEP no later than 2 p.m. (local time) on 24 April 1987.
No application will be considered unless it relates to the total amount of the lot offered for sale and includes:
(a) the name and address of the applicant;
(b) the price offered per 100 kg of oil;
(c) a declaration whereby the applicant renounces all claims concerning the quality and characteristics of any product purchased.
Article 3
1. Sale of the product referred to in Article 1 shall take place on 8 May 1987. The lot shall be sold to the party which has offered the highest price which is superior to the intervention price applicable on the day of the sale.
Where several offers are made at the same price, the purchaser shall be decided by the drawing of lots.
Delivery of the product sold must take place before 30 June 1987.
2. YDAGEP shall inform the Commission without delay of the outcome of this sale.
Article 4
This Decision is addressed to the Hellenic Republic.
Done at Brussels, 9 April 1987. | [
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COMMISSION REGULATION (EC) No 1226/2006
of 14 August 2006
amending Regulations (EC) No 2771/1999 and (EC) No 1898/2005 as regards the entry into storage of intervention butter put on sale
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,
Whereas:
(1)
Article 21 of Commission Regulation (EC) No 2771/1999 of 16 December 1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream (2) lays down that intervention butter placed on sale must have entered into storage before 1 January 2004.
(2)
Article 1(a) of Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/1999 as regards measures for the disposal of cream, butter and concentrated butter on the Community market (3) lays down that intervention butter bought in under Article 6(2) of Regulation (EC) No 1255/1999 to be sold at reduced prices must have been taken into storage before 1 January 2004.
(3)
Given the situation on the butter market and the quantities of butter in intervention storage it is appropriate that butter in storage before 1 January 2005 should be available for sale.
(4)
Regulations (EC) No 2771/1999 and (EC) No 1898/2005 should therefore be amended accordingly.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 21 of Regulation (EC) No 2771/1999, the date ‘1 January 2004’ is replaced by the date ‘1 January 2005’.
Article 2
In Article 1(a) of Regulation (EC) No 1898/2005, the date ‘1 January 2004’ is replaced by the date ‘1 January 2005’.
Article 3
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, 14 August 2006. | [
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COMMISSION REGULATION (EC) No 255/1999 of 3 February 1999 on the sale by tender of beef held by certain intervention agencies and intended for the production of minced meat
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organisation of the market in beef and veal (1), as last amended by Regulation (EC) No 1633/98 (2), and in particular Article 7(3) thereof,
Whereas the application of intervention measures in respect of beef has created stocks in several Member States; whereas, in order to prevent an excessive prolongation of storage, part of these stocks should be sold by tender for the production of minced meat in the Community;
Whereas to ensure efficient management of the markets, sales of intervention stocks should be extended to producers of minced meat approved in accordance with Article 8 of 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 (3);
Whereas the sale should be made subject to the rules laid down by Commission Regulation (EEC) No 2173/79 (4), as last amended by Regulation (EC) No 2417/95 (5), in particular Titles II and III thereof, subject to certain special exceptions on account of the particular use to which the products in question are to be put;
Whereas, with a view to ensuring a regular and uniform tendering procedure, measures should be taken in addition to those laid down in Article 8(1) of Regulation (EEC) No 2173/79;
Whereas provision should be made for derogations from Article 8(2)(b) of Regulation (EEC) No 2173/79, in view of the administrative difficulties which application of this point creates in the Member States concerned;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. The sale shall take place of:
- approximately 650 tonnes of boneless beef held by the Irish intervention agency, brought into intervention pursuant to Article 6 of Regulation (EEC) No 805/68 between December 1997 and March 1998 inclusive,
- approximately 1 000 tonnes of boneless beef held by the United Kingdom intervention agency, brought into intervention pursuant to Article 6 of Regulation (EEC) No 805/68 between February 1998 and December 1999 inclusive.
Detailed information concerning quantities is given in Annex I.
2. Subject to the provisions of this Regulation the products referred to in paragraph 1 shall be sold in accordance with Regulation (EEC) No 2173/79, in particular Titles II and III thereof.
Article 2
1. Notwithstanding Articles 6 and 7 of Regulation (EEC) No 2173/79, the provisions of and Annexes to this Regulation shall serve as a general notice of invitation to tender.
The intervention agencies concerned shall draw up a notice of invitation to tender which shall include the following:
(a) the quantities of beef offered for sale;
and
(b) the deadline and place for submitting tenders.
2. Interested parties may obtain the details of the quantities available and the places where the products are stored from the addresses listed in Annex II to this Regulation. The intervention agencies shall, in addition, display the notice referred to in paragraph 1 at their head offices and may publish it in other ways.
3. For each product mentioned in Annex I the intervention agencies concerned shall sell first the meat which has been stored the longest. However, with a view to better stock management and after notifying the Commission, the Member States may designate only certain cold stores or parts thereof for deliveries of meat sold under this Regulation.
4. Only tenders which reach the intervention agencies concerned by 12 noon on 8 February 1999 shall be considered.
5. Notwithstanding Article 8(1) of Regulation (EEC) No 2173/79, a tender shall be submitted to the intervention agency concerned in a closed envelope, bearing the reference to the Regulation concerned. The closed envelope shall not be opened by the intervention agency before the expiry of the tender deadline referred to in paragraph 4.
6. Notwithstanding Article 8(2)(b) of Regulation (EEC) No 2173/79, tenders shall not indicate in which cold store or stores the products are held.
Article 3
1. Member States shall provide the Commission with information concerning the tenders received not later than the working day following the deadline set for the submission of tenders.
2. After the tenders received have been examined a minimum selling price shall be set for each product or the sale will not proceed.
Article 4
1. A tender shall be valid only if presented by or on behalf of an establishment approved in accordance with Article 8(1) of Directive 94/65/EC as a producer of minced meat or minced meat preparations. Member States shall consult with each other where necessary for the application of this paragraph.
2. Tenders shall be accompanied by:
- a written undertaking by the tenderer to use all the meat concerned for the production of minced meat as defined by Article 2(2)(a) and (b) of Directive 94/65/EC within three months of the date of conclusion of the contract of sale with the intervention agency,
- details of the exact location of the establishment or establishments of the tenderer in which the minced meat is to be produced.
3. The tenderers referred to in paragraph 1 may instruct an agent in writing to take delivery, on their behalf, of the products which they purchase. In this case the agent shall submit the bids of the tenderers whom he represents with the written instruction referred to above.
4. The purchasers and agents referred to in the preceding paragraphs shall maintain and keep up to date an accounting system which permits the destination and use of the products to be ascertained with a view in particular to ensuring that the quantities of products purchased and the quantities of minced meat produced correspond. For the purposes of administrative supervision, where appropriate the intervention agency holding the products concerned shall send the competent authority of the Member State in which the minced meat is to be produced a certified copy of the sales contract.
Article 5
1. The mincing of meat purchased under this Regulation shall be carried out within three months of the date of conclusion of the contract of sale.
2. Documentation to prove compliance with the requirement referred to in paragraph 1 shall be provided to the competent authority of the Member State in which the minced meat is produced within five months of the date of conclusion of the contract of sale.
Article 6
Member States shall set up a system of physical and documentary supervision to ensure that all meat is minced in accordance with Article 5(1).
To this end, processors shall at any time be able to demonstrate the identity and use of the meat through appropriate production records.
Article 7
1. The security provided for in Article 15(1) of Regulation (EEC) No 2173/79 shall be EUR 12 per 100 kilograms.
2. A security intended to cover the mincing of the products shall be lodged with the competent authority of the Member State in which the mincing is to take place, prior to taking over the meat.
The amount shall be the difference in euros between the tender price per tonne and EUR 2 700.
The mincing of all meat purchased shall constitute a primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 (6).
Article 8
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 10 August 1983
establishing that the apparatus described as 'Perkin-Elmer - Atomic Absorption Spectrophotometer, model 4000' may be imported free of Common Customs Tariff duties
(83/440/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 13 January 1983, the Federal Republic of Germany 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:
1. 'Perkin-Elmer - Atomic Absorption Spectrophotometer, model 4000', ordered on 23 July 1979 and intended to be used for the development of new methods of monitoring the quality of water supplies and assessment of the situation concerning measured groundwater contamination,
2. 'Perkin-Elmer - Atomic Absorption Spectrophotometer, model 4000', ordered on 10 January 1980 and intended to be used for the study of the natural contamination of soils and plant life by heavy metals or of soils contaminated with heavy metals,
3. 'Perkin-Elmer - Atomic Absorption Spectrophotometer, model 4000', ordered on 18 May 1981 and intended to be used to analyze traces in silicate materials and ore specimens,
4. 'Perkin-Elmer - Atomic Absorption Spectrophotometer, model 4000', ordered on 23 September 1981 and intended to be used for the formulation and characterization of complex compounds and metallo-organic compounds,
5. 'Perkin-Elmer - Atomic Absorption Spectrophotometer, model 4000', ordered on 28 June 1982 and intended to be used for the examination on trace elements in patients suffering from burns and patients who have to undergo operations with the support of an extracorporal circulation system,
6. 'Perkin-Elmer - Atomic Absorption Spectrophotometer, model 4000', ordered on 6 March 1980 and intended to be used for the spectrochemical analysis of rocks and minerals in the range from major constituent to trace concentrations,
7. 'Perkin-Elmer - Atomic Absorption Spectrophotometer, model 4000', ordered on 12 March 1980 and intended to be used for chemical trace analysis of the heavy metals, lead and chromium in marine sediments and fauna and for investigation of the forms of chemical linkage,
8. 'Perkin-Elmer - Atomic Absorption Spectrophotometer, model 4000', ordered on 27 May 1980 and intended to be used for the study of the corrosion behaviour of metallic materials of construction in the presence of acqueous media and for the study of the formation of metallic coatings by electrochemical and non-electrochemical means,
should be considered to be scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Community;
Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 5 July 1983 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question are spectrophotometers; whereas their objective technical characteristics, such as the high sensitivity, and the use to which they are put make them specially suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for scientific activities; whereas they must therefore be considered to be scientific apparatus;
Whereas, on the basis of information received from Member States, apparatus of equivalent scientific value capable of use for the same purpose is not currently manufactured in the Community; whereas, therefore, duty-free admission of this apparatus is justified,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as 'Perkin-Elmer - Atomic Absorption Spectrophotometer, model 4000', which were ordered on:
1. 23 July 1979,
2. 10 January 1980,
3. 18 May 1981,
4. 23 September 1981,
5. 28 June 1982,
6. 6 March 1980,
7. 12 March 1980,
8. 27 May 1980,
and which are the subject of an application by the Federal Republic of Germany of 13 January 1983, may be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 10 August 1983. | [
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COMMISSION REGULATION (EC) No 656/2008
of 10 July 2008
registering certain names in the Register of protected designations of origin and protected geographical indications (Chamomilla Bohemica (PDO), Vlaams-Brabantse tafeldruif (PDO), Slovenská parenica (PGI), Cipollotto Nocerino (PDO))
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
Whereas:
(1)
In accordance with the first subparagraph of Article 6(2) and pursuant to Article 17(2) of Regulation (EC) No 510/2006, the Czech Republic’s application to register the name ‘Chamomilla Bohemica’, Belgium’s application to register the name ‘Vlaams-Brabantse tafeldruif’, Slovakia’s application to register the name ‘Slovenská parenica’ and Italy’s application to register the name ‘Cipollotto Nocerino’ were published in the Official Journal of the European Union (2).
(2)
As no objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, these names should be entered in the Register,
HAS ADOPTED THIS REGULATION:
Article 1
The names in the Annex to this Regulation are hereby entered in the Register of protected designations of origin and protected geographical indications.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 July 2008. | [
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Council Decision
of 27 November 2003
on the signing, on behalf of the Community, and provisional application of the Agreement in the form of an Exchange of Letters extending for the period from 1 July 2003 to 30 June 2004 the validity of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Republic of Côte d'Ivoire on fishing off the coast of Côte d'Ivoire
(2003/838/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Under the terms of the Agreement between the European Economic Community and the Republic of Côte d'Ivoire on fishing off the coast of Côte d'Ivoire(1), the contracting parties are, prior to the expiry of the period of validity of the Protocol to the Agreement, to enter into negotiations to determine by mutual agreement the contents of the Protocol for the period that follows and, where applicable, the amendments or additions to be made to the Annex thereto.
(2) The two parties have decided that, pending negotiations on amendments to the Protocol, the period of validity of the current Protocol approved by Regulation (EC) No 722/2001(2), should be extended by one year by means of an agreement in the form of an exchange of letters initialled on 16 May 2003.
(3) By virtue of the agreement in the form of an exchange of letters, Community fishermen are, from 1 July 2003 to 30 June 2004, entitled to fishing opportunities in waters under the sovereignty or jurisdiction of Côte d'Ivoire.
(4) To avoid any interruption in the fishing activities of Community vessels it is essential that the extension should come into effect as soon as possible. It is therefore advisable to sign the agreement in the form of an exchange of letters and apply it provisionally pending the completion of the procedures required for concluding it.
(5) The method of allocating the fishing opportunities among Member States on the basis of the Protocol that has expired should be confirmed,
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Agreement, in the form of an Exchange of Letters extending for the period from 1 July 2003 to 30 June 2004 the validity of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Republic of Côte d'Ivoire on fishing off the coast of Côte d'Ivoire is hereby approved on behalf of the Community, pending a Council Decision to conclude the Agreement.
The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
Article 2
The Agreement in the form of an Exchange of Letters shall apply provisionally from 1 July 2003.
Article 3
The fishing opportunities set out in the Protocol shall be allocated among the Member States as follows:
(a) demersal fishing:
TABLE
(b) tuna fishing:
(i) tuna seiners
TABLE
(ii) surface longliners
TABLE
(iii) pole-and-line tuna vessels
TABLE
If licence applications from these Member States do not cover all the fishing opportunities available under the Protocol, the Commission may consider licence applications from any other Member State.
Article 4
Member States whose vessels operate under the Agreement in the form of an Exchange of Letters shall, in accordance with the detailed rules laid down in Commission Regulation (EC) No 500/2001(3), notify the Commission of the quantities of each stock caught in the fishing area of Côte d'Ivoire.
Article 5
The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an exchange of letters on behalf of the Community pending its conclusion.
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COMMISSION REGULATION (EC) No 214/2007
of 28 February 2007
amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), and in particular Article 247 thereof,
Whereas:
(1)
Commission Regulation (EEC) No 2454/93 (2) lays down a management system for tariff quotas. To reduce the administrative burden and costs at importation and to promote uniformity of treatment, provision has been made that certain tariff quotas are to be considered as critical. Experience with the system and improved use of electronic exchange of data between the Member States and the Commission have shown that the criteria used in determining the critical status can be further relaxed without a risk to the Community's own resources. Accordingly a tariff quota should be considered as critical where 90 % of the initial quota volume, instead of 75 % as in the current system, has been used.
(2)
The need to carry out surveillance of goods in order to obtain data related to imports and exports has increased considerably. As a consequence, in cases of surveillance of goods, Member States should provide to the Commission, more frequently than under the current system, data on customs declarations for release for free circulation or on export declarations. Where such data are not available or are only partially available on the date of the customs declaration under a simplified procedure, they should be provided afterwards.
(3)
Regulation (EEC) No 2454/93 should therefore be amended accordingly.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2454/93 is amended as follows:
1.
In Article 308a(10), the term ‘ECU 10’ is replaced by ‘10 euro’.
2.
Article 308c is amended as follows:
(a)
in paragraph 1, the percentage ‘75 %’ is replaced by ‘90 %’;
(b)
in paragraph 3, the percentage ‘75 %’ is replaced by ‘90 %’.
3.
Article 308d is replaced by the following:
‘Article 308d
1. Where Community surveillance is to be carried out, the Member States shall provide to the Commission at least once every week data on customs declarations for release for free circulation or on export declarations.
The Member States shall cooperate with the Commission to determine which data are required from customs declarations for release for free circulation or from export declarations.
2. The data provided under paragraph 1 by individual Member States shall be treated as confidential.
However, aggregate data for each Member State shall be available for authorised users in all Member States.
The Member States shall cooperate with the Commission to set up the practical rules on authorised access to the aggregate data.
3. In respect of certain goods surveillance shall be carried out on a confidential basis.
4. Where under the simplified procedures referred to in Articles 253 to 267 and Articles 280 to 289, the data referred to in paragraph 1 of this Article are not available, the Member States shall provide to the Commission the data available at the date of acceptance of the complete or supplementary declaration.’
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.
Done at Brussels, 28 February 2007. | [
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COMMISSION REGULATION (EC) No 565/2007
of 24 May 2007
fixing the export refunds on syrups and certain other sugar products exported without further processing
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the market in the sugar sector (1), and in particular the second subparagraph of Article 33(2) thereof,
Whereas:
(1)
Article 32 of Regulation (EC) No 318/2006 provides that the difference between prices on the world market for the products listed in Article 1(1)(c), (d) and (g) of that Regulation and prices for those products on the Community market may be covered by an export refund.
(2)
Given the present situation on the sugar market, export refunds should therefore be fixed in accordance with the rules and certain criteria provided for in Articles 32 and 33 of Regulation (EC) No 318/2006.
(3)
The first subparagraph of Article 33(2) of Regulation (EC) No 318/2006 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination.
(4)
Refunds should be granted only on products that are allowed to move freely in the Community and that comply with the requirements of Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2).
(5)
Export refunds may be set to cover the competitive gap between Community and third country's exports. Community exports to certain close destinations and to third countries granting Community products a preferential import treatment are currently in a particular favourable competitive position. Therefore, refunds for exports to those destinations should be abolished.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
1. Export refunds as provided for in Article 32 of Regulation (EC) No 318/2006 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the conditions provided for in paragraph 2 of this Article.
2. To be eligible for a refund under paragraph 1 products must meet the relevant requirements laid down in Articles 3 and 4 of Regulation (EC) No 951/2006.
Article 2
This Regulation shall enter into force on 25 May 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 2949/95 of 20 December 1995 amending Regulation (EC) No 3175/94 laying down detailed rules of application for the specific arrangements for the supply of cereal products to the smaller Aegean islands and establishing the forecast supply balance
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2019/93 of 19 July 1993 introducing specific measures for the smaller Aegean islands concerning certain agricultural products (1), as last amended by Commission Regulation (EC) No 2417/95 (2), and in particular Article 4 thereof,
Whereas Commission Regulation (EEC) No 2958/93 (3), as last amended by Regulation (EC) No 1802/95 (4), lays down common detailed rules for the implementation of the specific arrangements for the supply of certain agricultural products to the smaller Aegean islands;
Whereas, pursuant to Article 2 of Regulation (EEC) No 2019/93, the forecast supply balance of cereal products was established for 1995 by Commission Regulation (EC) No 3175/94 (5), as last amended by Regulation (EC) No 1961/95 (6),; whereas this forecast supply balance for 1996 should be drawn up; whereas, subsequently, Regulation (EC) No 3175/94 should be amended;
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 Annex to Regulation (EC) No 3175/94 is hereby replaced by the Annex to the present Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 1995. | [
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Commission Regulation (EC) No 1032/2001
of 29 May 2001
fixing the guarantee threshold quantities which may be transferred to another group of varieties for the 2001 harvest in the raw tobacco sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco(1), as last amended by Regulation (EC) No 1336/2000(2), and in particular Article 9(4) thereof,
Whereas:
(1) Article 9 of Regulation (EEC) No 2075/92 introduced production quotas for the different groups of varieties of tobacco. The individual quotas were divided between producers on the basis of the guarantee thresholds for the 2001 harvest fixed in Article 3 of Council Regulation (EC) No 660/1999 of 22 March 1999 amending Regulation (EEC) No 2075/92 and fixing the premiums and guarantee thresholds for leaf tobacco by variety group and Member State for the 1999, 2000 and 2001 harvests(3). Under Article 9(4) of Regulation (EEC) No 2075/92, the Commission may authorise Member States to transfer parts of their guarantee threshold allocations between groups of varieties. These transfers do not give rise to additional costs between groups of varieties for the EAGGF and do not involve any increase in Member States' overall guarantee threshold allocations.
(2) This Regulation should apply as soon as possible, well before the deadline for the conclusion of cultivation contracts laid down in Article 10(1) of Commission Regulation (EC) No 2848/98 of 22 December 1998 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the premium scheme, production quotas and the specific aid to be granted to producer groups in the raw tobacco sector(4), as last amended by Regulation (EC) No 385/2001(5).
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Tobacco,
HAS ADOPTED THIS REGULATION:
Article 1
For the 2001 harvest, before the deadline for the conclusion of cultivation contracts laid down in Article 10(1) of Regulation (EC) No 2848/98, Member States shall be authorised to transfer guarantee threshold quantities from one group of varieties to another 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 Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 May 2001. | [
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COMMISSION REGULATION (EC) No 1612/1999
of 22 July 1999
on the sale by tender of beef held by certain intervention agencies and intended for the production of minced meat
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organisation of the market in beef and veal(1), as last amended by Regulation (EC) No 1633/98(2), and in particular Article 7(3) thereof,
(1) Whereas the application of intervention measures in respect of beef has created stocks in several Member States; whereas, in order to prevent an excessive prolongation of storage, part of these stocks should be sold by tender for the production of minced meat in the Community;
(2) Whereas to ensure efficient management of the markets, sales of intervention stocks should be extended to producers of minced meat approved in accordance with Article 8 of 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(3);
(3) Whereas the sale should be made subject to the rules laid down by Commission Regulation (EEC) No 2173/79(4), as last amended by Regulation (EC) No 2417/95(5), in particular Titles II and III thereof, subject to certain special exceptions on account of the particular use to which the products in question are to be put;
(4) Whereas, with a view to ensuring a regular and uniform tendering procedure, measures should be taken in addition to those laid down in Article 8(1) of Regulation (EEC) No 2173/79;
(5) Whereas provision should be made for derogations from Article 8(2)(b) of Regulation (EEC) No 2173/79, in view of the administrative difficulties which application of this point creates in the Member States concerned;
(6) Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. The sale shall take place of:
- approximately 606 tonnes of boneless beef held by the Irish intervention agency, brought into intervention pursuant to Article 6 of Regulation (EEC) No 805/68 between October 1998 and March 1999 inclusive,
- approximately 3500 tonnes of boneless beef held by the United Kingdom intervention agency.
Detailed information concerning quantities is given in Annex I.
2. Subject to the provisions of this Regulation the products referred to in paragraph 1 shall be sold in accordance with Regulation (EEC) No 2173/79, in particular Titles II and III thereof.
Article 2
1. Notwithstanding Articles 6 and 7 of Regulation (EEC) No 2173/79, the provisions of and Annexes to this Regulation shall serve as a general notice of invitation to tender.
The intervention agencies concerned shall draw up a notice of invitation to tender which shall include the following:
(a) the quantities of beef offered for sale;
and
(b) the deadline and place for submitting tenders.
2. Interested parties may obtain the details of the quantities available and the places where the products are stored from the addresses listed in Annex II to this Regulation. The intervention agencies shall, in addition, display the notice referred to in paragraph 1 at their head offices and may publish it in other ways.
3. For each product mentioned in Annex I the intervention agencies concerned shall sell first the meat which has been stored the longest. However, with a view to better stock management and after notifying the Commission, the Member States may designate only certain cold stores or parts thereof for deliveries of meat sold under this Regulation.
4. Only tenders which reach the intervention agencies concerned by 12 noon on 19 August 1999 shall be considered.
5. Notwithstanding Article 8(1) of Regulation (EEC) No 2173/79, a tender shall be submitted to the intervention agency concerned in a closed envelope, bearing the reference to the Regulation concerned. The closed envelope shall not be opened by the intervention agency before the expiry of the tender deadline referred to in paragraph 4.
6. Notwithstanding Article 8(2)(b) of Regulation (EEC) No 2173/79, tenders shall not indicate in which cold store or stores the products are held.
Article 3
1. Member States shall provide the Commission with information concerning the tenders received not later than the working day following the deadline set for the submission of tenders.
2. After the tenders received have been examined a minimum selling price shall be set for each product or the sale will not proceed.
Article 4
1. A tender shall be valid only if presented by or on behalf of an establishment approved in accordance with Article 8(1) of Directive 94/65/EC as a producer of minced meat or minced meat preparations. Member States shall consult with each other where necessary for the application of this paragraph.
2. Tenders shall be accompanied by:
- a written undertaking by the tenderer to use all the meat concerned for the production of minced meat as defined by Article 2(2)(a) and (b) of Directive 94/65/EC within five months of the date of conclusion of the contract of sale with the intervention agency,
- details of the exact location of the establishment or establishments of the tenderer in which the minced meat is to be produced.
3. The tenderers referred to in paragraph 1 may instruct an agent in writing to take delivery, on their behalf, of the products which they purchase. In this case the agent shall submit the bids of the tenderers whom he represents with the written instruction referred to above.
4. The purchasers and agents referred to in the preceding paragraphs shall maintain and keep up to date an accounting system which permits the destination and use of the products to be ascertained with a view in particular to ensuring that the quantities of products purchased and the quantities of minced meat produced correspond. For the purposes of administrative supervision, where appropriate the intervention agency holding the products concerned shall send the competent authority of the Member State in which the minced meat is to be produced a certified copy of the sales contract.
Article 5
1. The mincing of meat purchased under this Regulation shall be carried out within five months of the date of conclusion of the contract of sale.
2. Documentation to prove compliance with the requirement referred to in paragraph 1 shall be provided to the competent authority of the Member State in which the minced meat is produced within seven months of the date of conclusion of the contract of sale.
Article 6
Member States shall set up a system of physical and documentary supervision to ensure that all meat is minced in accordance with Article 5(1).
To this end, processors shall at any time be able to demonstrate the identity and use of the meat through appropriate production records.
Article 7
1. The security provided for in Article 15(1) of Regulation (EEC) No 2173/79 shall be EUR 12 per 100 kilograms.
2. A security intended to cover the mincing of the products shall be lodged with the competent authority of the Member State in which the mincing is to take place, prior to taking over the meat.
The amount shall be the difference in euros between the tender price per tonne and EUR 2700.
The mincing of all meat purchased shall constitute a primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85(6).
Article 8
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EC) No 2679/98
of 7 December 1998
on the functioning of the internal market in relation to the free movement of goods among the Member States
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
(1)
Whereas, as provided for in Article 7a of the Treaty, the internal market comprises an area without internal frontiers in which, in particular, the free movement of goods is ensured in accordance with Articles 30 to 36 of the Treaty;
(2)
Whereas breaches of this principle, such as occur when in a given Member State the free movement of goods is obstructed by actions of private individuals, may cause grave disruption to the proper functioning of the internal market and inflict serious losses on the individuals affected;
(3)
Whereas, in order to ensure fulfilment of the obligations arising from the Treaty, and, in particular, to ensure the proper functioning of the internal market, Member States should, on the one hand, abstain from adopting measures or engaging in conduct liable to constitute an obstacle to trade and, on the other hand, take all necessary and proportionate measures with a view to facilitating the free movement of goods in their territory;
(4)
Whereas such measures must not affect the exercise of fundamental rights, including the right or freedom to strike;
(5)
Whereas this Regulation does not prevent any actions which may be necessary in certain cases at Community level to respond to problems in the functioning of the internal market, taking into account, where appropriate, the application of this Regulation;
(6)
Whereas Member States have exclusive competence as regards the maintenance of public order and the safeguarding of internal security as well as in determining whether, when and which measures are necessary and proportionate in order to facilitate the free movement of goods in their territory in a given situation;
(7)
Whereas there should be adequate and rapid exchange of information between the Member States and the Commission on obstacles to the free movement of goods;
(8)
Whereas a Member State on the territory of which obstacles to the free movement of goods occur should take all necessary and proportionate measures to restore as soon as possible the free movement of goods in their territory in order to avoid the risk that the disruption or loss in question will continue, increase or intensify and that there may be a breakdown in trade and in the contractual relations which underlie it; whereas such Member State should inform the Commission and, if requested, other Member States of the measures it has taken or intends to take in order fo fulfil this objective;
(9)
Whereas the Commission, in fulfilment of its duty under the Treaty, should notify the Member State concerned of its view that a breach has occurred and the Member State should respond to that notification;
(10)
Whereas the Treaty provides for no powers, other than those in Article 235 thereof, for the adoption of this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
For the purpose of this Regulation:
1.
the term ‘obstacle’ shall mean an obstacle to the free movement of goods among Member States which is attributable to a Member State, whether it involves action or inaction on its part, which may constitute a breach of Articles 30 to 36 of the Treaty and which:
(a)
leads to serious disruption of the free movement of goods by physically or otherwise preventing, delaying or diverting their import into, export from or transport across a Member State,
(b)
causes serious loss to the individuals affected, and
(c)
requires immediate action in order to prevent any continuation, increase or intensification of the disruption or loss in question;
2.
the term ‘inaction’ shall cover the case when the competent authorities of a Member State, in the presence of an obstacle caused by actions taken by private individuals, fail to take all necessary and proportionate measures within their powers with a view to removing the obstacle and ensuring the free movement of goods in their territory.
Article 2
This Regulation may not be interpreted as affecting in any way the exercise of fundamental rights as recognised in Member States, including the right or freedom to strike. These rights may also include the right or freedom to take other actions covered by the specific industrial relations systems in Member States.
Article 3
1. When an obstacle occurs or when there is a threat thereof
(a)
any Member State (whether or not it is the Member State concerned) which has relevant information shall immediately transmit it to the Commission, and
(b)
the Commission shall immediately transmit to the Member States that information and any information from any other source which it may consider relevant.
2. The Member State concerned shall respond as soon as possible to requests for information from the Commission and from other Member States concerning the nature of the obstacle or threat and the action which it has taken or proposes to take. Information exchange between Member States shall also be transmitted to the Commission.
Article 4
1. When an obstacle occurs, and subject to Article 2, the Member State concerned shall
(a)
take all necessary and proportionate measures so that the free movement of goods is assured in the territory of the Member State in accordance with the Treaty, and
(b)
inform the Commission of the actions which its authorities have taken or intend to take.
2. The Commission shall immediately transmit the information received under paragraph l(b) to the other Member States.
Article 5
1. Where the Commission considers that an obstacle is occurring in a Member State, it shall notify the Member State concerned of the reasons that have led the Commission to such a conclusion and shall request the Member State to take all necessary and proportionate measures to remove the said obstacle within a period which it shall determine with reference to the urgency of the case.
2. In reaching its conclusion, the Commission shall have regard to Article 2.
3. The Commission may publish in the Official Journal of the European Communities the text of the notification which it has sent to the Member State concerned and shall immediately transmit the text to any party which requests it.
4. The Member State shall, within five working days of receipt of the text, either:
-
inform the Commission of the steps which it has taken or intends to take to implement paragraph 1, or
-
communicate a reasoned submission as to why there is no obstacle constituting a breach of Articles 30 to 36 of the Treaty.
5. In exceptional cases, the Commission may allow an extension of the deadline mentioned in paragraph 4 if the Member State submits a duly substantiated request and the grounds cited are deemed acceptable.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 710/1999
of 31 March 1999
prohibiting fishing for saithe by vessels flying the flag of France
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2478/93 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 Council Regulation (EC) No 51/1999 of 18 December 1998 allocating, for 1999, certain catch quotas between Member States for vessels fishing in the Norwegian exclusive economic zone and the fishing zone around Jan Mayen(3) lays down the saithe quotas for 1999;
Whereas, in order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, it is necessary for the Commission to fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated;
Whereas, according to the information communicated to the Commission, catches of saithe in the waters of ICES divisions I, IIa and IIb (Norwegian waters north of 62° N) by vessels flying the flag of France or registered in France have reached the quota allocated for 1999; whereas France has prohibited fishing for this stock as from 8 March 1999; whereas it is therefore necessary to abide by that date,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of saithe in the waters of ICES divisions I, IIa and IIb (Norwegian waters north of 62° N) by vessels flying the flag of France or registered in France are hereby deemed to have exhausted the quota allocated to France for 1999.
Fishing for saithe in the waters of ICES divisions I, IIa and IIb (Norwegian waters north of 62° N) by vessels flying the flag of France or registered in France is hereby prohibited, as are the retention on board, transhipment and landing of fish from this stock caught by the above vessels after the date of entry into force of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 8 March 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 March 1999. | [
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COMMISSION REGULATION (EC) No 629/94 of 21 March 1994 fixing the coefficients applicable to cereals exported in the form of Scotch whisky for the period 1993/94
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EEC) No 2825/93 of 15 October 1993 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks (1), and in particular Article 5 thereof,
Whereas Article 4 (1) of Regulation (EEC) No 2825/93 provides that the quantities of cereals eligible for the refund are to be the quantities placed under control and distilled, weighted by a coefficient to be fixed annually for each Member State concerned; whereas that coefficient expresses the ratio between the total quantities exported and the total quantities marketed of the spirituous beverage concerned on the basis of the trend noted in those quantities during the number of years corresponding to the average ageing period of the spirituous beverage in question; whereas, in view of the information provided by the United Kingdom on the period 1 January to 31 December 1992, the average ageing period in 1992 was eight years for Scotch whisky; whereas the coefficients for the period 1 July 1993 to 30 June 1994 should be fixed;
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 the period 1 July 1993 to 30 June 1994, the coefficients provided for in Article 4 of Regulation (EEC) No 2825/93 applying to cereals used in the United Kingdom for manufacturing Scotch whisky shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 July 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 March 1994. | [
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COMMISSION DECISION
of 18 February 2009
on a financial contribution from the Community towards emergency measures to combat avian influenza in the United Kingdom in 2008
(notified under document number C(2009) 977)
(Only the English text is authentic)
(2009/142/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Articles 3(3) and 3a(1) thereof,
Whereas:
(1)
Avian influenza is an infectious viral disease of poultry and other captive birds with a severe impact on the profitability of poultry farming causing disturbance to intra-community trade and export to third countries.
(2)
In the event of an outbreak of avian influenza, there is a risk that the disease agent might spread to other poultry holdings within that Member State, but also to other Member States and to third countries through trade in live poultry or their products.
(3)
Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (2) sets out measures which in the event of an outbreak have to be immediately implemented by Member States as a matter of urgency to prevent further spread of the virus.
(4)
Decision 90/424/EEC lays down the procedures governing the Community’s financial contribution towards specific veterinary measures, including emergency measures. Pursuant to Article 3a of that Decision, Member States shall obtain a financial contribution towards the costs of certain measures to eradicate avian influenza.
(5)
Article 3a(3), first and second indents of Decision 90/424/EEC lay down rules on the percentage of the costs incurred by the Member State that may be covered by the Community’s financial contribution.
(6)
The payment of a Community financial contribution towards emergency measures to eradicate avian influenza is subject to the rules laid down in Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC (3).
(7)
Outbreaks of avian influenza occurred in the United Kingdom in 2008. The United Kingdom took measures, in accordance with Council Directive 2005/94/EC to combat those outbreaks.
(8)
The United Kingdom has fully complied with its technical and administrative obligations as set out in Article 3(3) of Decision 90/424/EEC and Article 6 of Regulation (EC) No 349/2005.
(9)
On 1 August 2008 and 3 September 2008, the United Kingdom submitted an estimate of the costs incurred in taking measures to eradicate avian influenza.
(10)
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
Financial contribution from the Community to the United Kingdom
A financial contribution from the Community may be granted to the United Kingdom towards the costs incurred by that Member State in taking measures pursuant to Article 3a(2) and (3) of Decision 90/424/EEC, to combat avian influenza in 2008.
Article 2
Addressee
This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 18 February 2009. | [
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Commission Regulation (EC) No 2115/2001
of 26 October 2001
concerning tenders submitted in response to the invitation to tender for the export of husked long grain rice to the island of Réunion referred to in Regulation (EC) No 2011/2001
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 1987/2001(2), and in particular Article 10(1) thereof,
Having regard to Commission Regulation (EEC) No 2692/89 of 6 September 1989 laying down detailed rules for exports of rice to Réunion(3), as amended by Regulation (EC) No 1453/1999(4), and in particular Article 9 (1) thereof,
Whereas:
(1) Commission Regulation (EC) No 2011/2001(5) opens an invitation to tender for the subsidy on rice exported to Réunion.
(2) Article 9 of Regulation (EEC) No 2692/89 allows the Commission to decide, in accordance with the procedure laid down in Article 22 of Regulation (EC) No 3072/95 and on the basis of the tenders submitted, to make no award.
(3) On the basis of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 2692/89, a maximum subsidy 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 submitted from 22 to 25 October 2001 in response to the invitation to tender referred to in Regulation (EC) No 2011/2001 for the subsidy on exports to Réunion of husked long grain rice falling within CN code 1006 20 98.
Article 2
This Regulation shall enter into force on 27 October 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 October 2001. | [
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COMMISSION REGULATION (EC) No 782/2009
of 27 August 2009
fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 164(2), in conjunction with Article 4, thereof,
Whereas:
(1)
Commission Regulation (EC) No 619/2008 of 27 June 2008 opening a standing invitation to tender for export refunds concerning certain milk products (2) provides for a standing invitation to tender procedure.
(2)
Pursuant to Article 6 of Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (3), and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 25 August 2009.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1
For the standing invitation to tender opened by Regulation (EC) No 619/2008, for the tendering period ending on 25 August 2009, the maximum amount of refund for the products and destinations referred to in Article 1(a) and (b) and in Article 2 respectively of that Regulation shall be as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 28 August 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 August 2009. | [
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COMMISSION REGULATION (EC) No 1594/2006
of 25 October 2006
establishing the allocation coefficient to be applied to applications for export licences for cheese to be exported to the United States of America in 2007 under certain GATT quotas
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),
Having regard to Commission Regulation (EC) No 1282/2006 of 17 August 2006 laying down special detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards export licences and export refunds for milk and milk products (2), and in particular Article 25(1) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1285/2006 (3) opens the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2007 under the GATT quotas referred to in Article 23 of Regulation (EC) No 1282/2006.
(2)
Applications for licences for some quotas and product groups exceed the quantities available for the 2007 quota year. Allocation coefficients as provided for in Article 25(1) of Regulation (EC) No 1282/2006 should therefore be fixed.
(3)
Given the time limit for the implementation of the procedure of determining those coefficients, as provided for in Article 4 of Regulation (EC) No 1285/2006, this Regulation should apply as soon as possible,
HAS ADOPTED THIS REGULATION:
Article 1
Applications for export licences lodged in accordance with Article 2 of Regulation (EC) No 1285/2006 shall be accepted subject to the application of the allocation coefficients set out in 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 Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION DECISION of 21 December 1994 relating to a procedure pursuant to Article 83 of the Euratom Treaty (XVII-004 - Escuela Técnica Superior de Ingenieros Industriales de la Universidad Politécnica de Madrid) (Only the Spanish text is authentic) (94/955/Euratom)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 83 thereof,
Having given the Escuela Técnica Superior de Ingenieros Industriales de la Universidad Politécnica de Madrid (Spain) the opportunity to express its point of view on the objections raised by the Commission,
Whereas:
I. THE FACTS This Decision concerns the non-declaration, from January 1986 until June 1994, of a nuclear installation located at the Escuela Técnica Superior de Ingenieros Industriales de la Universidad Politécnica de Madrid (Spain), hereinafter referred to as 'ETSII'.
ETSII is a school for university-grade engineers, and forms part of the Universidad Politécnica de Madrid. For the practical exercises of the students it carries out technical demonstrations.
Through a series of documents, on-site verifications and the hearing held in Brussels in the offices of the Commission on 18 August 1994, the following facts were established:
- ETSII used a nuclear installation for educational training purposes. Its equipment consisted of a subcritical assembly in the form of a stainless steel vessel with a water purification system. In this vessel a lattice was mounted into which a set of tubes could be positioned,
- the nuclear inventory consisted of 1 350 fuel rods containing in total 3 622 kg of metallic natural uranium with an aluminium cladding. There were also 270 tubes which could contain 5 fuel rods each and which were used for positioning the fuel in the reactor vessel,
- the stainless steel vessel was delivered in 1962 and the nuclear material in 1971 and 1972. From that date it was used for educational purposes until 1982. Both equipment and nuclear material remained stored at the ETSII premises until they were exported in July and August 1994,
- upon accession of Spain to the European Communities on 1 January 1986 the provisions of Title Two, Chapter VII, of the Treaty became applicable in Spain. However, no declaration of the installation was made by ETSII to the Commission under Article 78 (1),
- on 14 June 1994 the Spanish authorities informed the Commission of the existence of the installation and the nuclear material contained therein. At the same time the Commission was informed of ETSII's intention to close and dismantle the installation and to export the nuclear material and equipment,
- on 17 June 1994 the basic technical characteristics of the installation were declared to the Commission by ETSII,
- during the period between January 1986 and June 1994 the installation was known to the responsible national authorities who also issued the operating licence. However, the installation was not included in the initial declarations submitted by the responsible national authorities to the Commission upon the accession of Spain to the Communities.
The facts related to the non-declaration of the installation are not disputed by the operator.
II. LEGAL ASSESSMENT A. The legal provisions By virtue of the nature of the installation and the nuclear material inventory, ETSII is an undertaking falling within the terms of Article 196 (b) of the Treaty. It is therefore subject to the provisions of Title Two, Chapter VII, of the Treaty, and to Commission Regulation (Euratom) No 3227/76 of 19 October 1976 concerning the application of the provisions of Euratom safeguards (1), as last amended by Regulation (Euratom) No 2130/93 (2).
Under Article 77 of the Treaty, the Commission shall satisfy itself that, in the territories of the Member States:
(a) ores, source materials and special fissile materials are not diverted from their intended uses as declared by the users;
(b) the provisions relating to supply and any particular safeguarding obligations assumed by the Community under an agreement concluded with a third State or an international organization are complied with.
To this end, in accordance with the first paragraph of Article 78 of the Treaty, anyone setting up or operating an installation for the production, separation or other use of source materials or special fissile material or for the processing of irradiated nuclear fuels is required to declare to the Commission the basic technical characteristics of the installations, to the extent that knowledge of these characteristics is necessary for the attainment of the objectives set out in Article 77.
To implement this provision, these basic technical characteristics shall, pursuant to Article 1 of Regulation (Euratom) No 3227/76 be declared to the Commission on the basis of the relevant questionnaire given in Annex 1 thereto.
B. The infringement established Following an examination of the facts by the Commission, a breach of the provisions on communication of the basic technical characteristics laid down in Article 78 (1) of the Treaty and Article 1 of Regulation (Euratom) No 3227/76, has been established.
C. The sanction to be applied Under the terms of Article 83 (1) of the Treaty, in the event of an infringement on the part of persons or undertakings of the obligations imposed on them, the Commission may impose sanctions on such persons or undertakings.
These sanctions are in order of severity:
(a) a warning;
(b) the withdrawal of special benefits such as financial or technical assistance;
(c) the placing of the undertaking for a period not exceeding four months under the administration of a person or board appointed by common accord of the Commission and the State having jurisdiction over the undertaking;
(d) total or partial withdrawal of source materials or special fissile materials.
Given that the determining criterion for application of this Article is the severity of the infringement committed, it is first necessary to carry out both an objective and a subjective analysis of the nature of the offences.
From an objective point of view, it appears that the provisions breached are essential elements of Community legislation in the field of safeguards, and that observance of them is essential if the aim set out in Article 77 of the Treaty is to be attained.
Moreover, the facts established made it impossible for the Community to carry out the task assigned to it in Article 2 (e) of the Treaty, namely to 'make certain, by appropriate supervision, that nuclear materials are not diverted to purposes other than those for which they are intended'. However, the Commission takes into consideration that the installation had not been operated after Spain's accession to the Communities, and that the nuclear material concerned was of relatively low importance.
Further, from a subjective point of view it appears that, behind the non-declaration, there was no intention to divert. In addition, there is evidence that ETSII made declarations to the responsible national authorities in order to comply with all legal requirements which were known to it. Finally, when ETSII became aware of the obligations incumbent on it under the Treaty, it immediately complied with them and cooperated fully.
In assessing both the objective and the subjective factors set out above the Commission considers that the infringement committed by ETSII is such that a sanction is warranted.
Given the circumstances, in particular the fact that the installation is no longer in possession of any nuclear material or nuclear equipment and that there are no special benefits to ETSII such as financial or technical assistance, the appropriate sanction to impose is that laid down in Article 83 (1) (a) of the Treaty,
HAS ADOPTED THIS DECISION:
Article 1
The Escuela Técnica Superior de Ingenieros Industriales de la Universidad Politécnica de Madrid has infringed the first paragraph of Article 78 of the Treaty and Article 1 of Commission Regulation (Euratom) No 3277/76 through its failure to communicate to the Commission the basic technical characteristics of the nuclear installation.
Article 2
The Commission issues a warning to ETSII.
Article 3
1. This Decision is addressed to the Universidad Politécnica de Madrid, Avenida de Ramiro de Maeztu, 7, Ciudad Universitaria, E-28040 Madrid.
2. This Decision shall be communicated to the Kingdom of Spain.
Done at Brussels, 21 December 1994. | [
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Commission Regulation (EC) No 2133/2001
of 30 October 2001
opening and providing for the administration of certain Community tariff quotas and tariff ceilings in the cereals sector and repealing Regulations (EC) No 1897/94, (EC) No 306/96, (EC) No 1827/96, (EC) No 1970/96, (EC) No 1405/97, (EC) No 1406/97, (EC) No 2492/98, (EC) No 2809/98 and (EC) No 778/1999
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2), and in particular Article 12(1) thereof,
Having regard to Council Decision 95/582/EC of 20 December 1995 on the conclusion of the Agreements in the form of Exchanges of Letters between the European Community, of the one part, and the Republic of Iceland, the Kingdom of Norway and the Swiss Confederation, of the other part, concerning certain agricultural products(3), and in particular Article 2 thereof,
Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations(4), and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 1706/98 of 20 July 1998 on the arrangements applicable to agricultural products and goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States) and repealing Regulation (EEC) No 715/90(5), and in particular Article 30 thereof,
Having regard to Council Regulation (EC) No 1727/2000 of 31 July 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 Hungary(6), and in particular Article 1(3) thereof,
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(7), and in particular Article 1(3) thereof,
Whereas:
(1) 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(8), as last amended by Regulation (EC) No 993/2001(9), codified the rules for administering tariff quotas designed to be used following the chronological order of dates of customs declarations and for surveillance of preferential imports.
(2) In the interests of simplification and in view of the small volume of some of the quotas and ceilings provided for in Decision 95/582/EC, Council Decision 97/126/EC of 6 December 1996 concerning the conclusion of an agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part(10) and Council Regulations (EC) No 1095/96, (EC) No 1706/98, (EC) No 1727/2000 and (EC) No 2290/2000, Regulation (EEC) No 2454/93 should also apply to those quotas and ceilings.
(3) For administrative reasons, a new serial number should be allotted to each of the tariff quotas and ceilings concerned.
(4) To ensure effective management of certain quotas and ceilings covered by this Regulation, a certificate testifying to the origin of the goods should be required
(5) In view of the quality of wheat required for quota Nos 09.0074 and 09.0075, the customs authorities should check compliance with the quality requirements before granting entitlement to the quota. To ensure that these quotas are managed effectively, a system of securities should be introduced.
(6) If the ceilings covered by this Regulation are reached during a given year, the Commission may re-introduce, by Regulation, the levying of normal customs duties reduced by 50 %.
(7) Application of Regulation (EEC) No 2454/93 to these quotas and ceilings makes unnecessary the detailed implementing rules relating thereto laid down in Commission Regulations (EC) No 1897/94(11), (EC) No 306/96(12), (EC) No 1827/96(13), 1970/96(14), (EC) No 1405/97(15), (EC) No 1406/97(16), (EC) No 2492/98(17), (EC) No 2809/98(18) and (EC) No 778/1999(19). Those Regulations should therefore be repealed with effect from the dates from which the provisions of this Regulation apply.
(8) The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. The tariff quotas listed in Annex I shall be opened from 1 July to 30 June for each marketing year from 1 July 2002.
2. The tariff quotas listed in Annex II shall be opened for each calendar year from 1 January 2002.
3. The tariff ceilings listed in Annex III shall be opened for each calendar year from 1 January 2002.
Article 2
1. The products imported under tariff quotas 09.5716 and 09.5732 shall be released into free circulation upon presentation of an EUR.1 movement certificate issued by the exporting country in accordance with Protocol 4 to the Europe Agreement concluded with that country, or alternatively a declaration on the invoice issued in accordance with that Protocol.
2. The products imported under tariff quota 09.0779 shall be released into free circulation upon presentation of an EUR.1 movement certificate issued by the exporting country in accordance with Annex IV to the bilateral agreement concluded with that country, or alternatively a declaration on the invoice issued in accordance with that agreement.
3. The products imported under tariff quota 09.0689 shall be released into free circulation upon presentation of an EUR.1 movement certificate issued by the exporting country in accordance with Annex IV to Protocol 3 to the Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part, or alternatively a declaration on the invoice issued in accordance with that Agreement.
4. Products imported under tariff quota 09.1633 and the tariff ceilings listed in Annex III to this Regulation shall be released into free circulation upon presentation of an EUR.1 movement certificate or a declaration on the invoice issued by the exporting country in accordance with Protocol 1 to Annex V to the ACP-EC Convention.
Article 3
1. In order to ensure the quality of the products imported under tariff quotas 09.0074 and 09.0075, eligibility for the zero import duty shall be conditional on importers lodging, in addition to any security required under Article 248 of Regulation (EEC) No 2454/93, an import security of EUR 5 per tonne with the competent customs authorities on the day the declaration of release for free circulation is accepted.
2. The customs authorities shall take representative samples of each import under tariff quota 09.0075 with a view to carrying out the necessary tests to establish that the quality imported complies with the quality criteria referred to in Annex IV. If the quality is inadequate, access to the quota shall be refused.
3. The customs authorities shall take representative samples of each import under tariff quota 09.0074 with a view to carrying out the necessary tests to establish that the vitreous grain content is 73 % or more. If the quality is inadequate, access to the quota shall be refused.
4. The import security of EUR 5 per tonne referred to in paragraph 1 shall be released in respect of the quantity of products imported under each quota which complies with the criteria referred to in paragraphs 2 and 3, as the case may be. Should the tests referred to in paragraphs 2 and 3 show that the quality of the imported product is below standard, Commission Regulation (EC) No 1249/96(20), shall apply. The amount of EUR 5 per tonne referred to in paragraph 1 shall be held back as a penalty
Article 4
1. The tariff quotas referred to in Article 1(1) and (2) shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
2. The tariff ceilings referred to in Article 1(3) shall be the subject of Community surveillance by the Commission in close cooperation with the Member States in accordance with Article 308d of Regulation (EEC) No 2454/93.
Article 5
1. Regulations (EC) No 1970/96, (EC) No 1405/97, (EC) No 1406/97 and (EC) No 778/1999 shall be repealed with effect from 1 July 2002.
2. Regulations (EC) No 1897/94, (EC) No 306/96, (EC) No 1827/96, (EC) No 2809/98 and (EC) No 2492/98 shall be repealed with effect from 1 January 2002.
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 July 2002 for the quotas covered by Article 1(1) and from 1 January 2002 for the quotas and ceilings covered by Article 1(2) and (3).
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EC) No 1362/2008
of 18 December 2008
amending Regulation (EC) No 2505/96 opening and providing for the administration of autonomous Community tariff quotas for certain agricultural and industrial products
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 26 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
On 20 December 1996 the Council adopted Regulation (EC) No 2505/96 (1). Community demand for the products to which that Regulation applies should be met under the most favourable conditions. For that purpose with effect from 1 January 2009, one new Community tariff quota should be opened at zero rate of duty for the appropriate amount while avoiding any disturbance to the market regarding this product.
(2)
The quota amounts for two autonomous Community tariff quotas are insufficient to meet the needs of the Community industry for the current quota period ending on 31 December 2008. Consequently, those quota amounts should be increased with effect from 1 January 2008.
(3)
The quota amount for one autonomous Community tariff quota disturbs the internal market of the Community. Consequently, this quota amount should be reduced.
(4)
It is no longer in the Community interest to continue to grant Community tariff quotas in 2009 for certain products for which such quotas were established for 2008. Those quotas should therefore be closed with effect from 1 January 2009 and the corresponding products should be removed from the list in Annex I to Regulation (EC) No 2505/96.
(5)
In view of the many changes to be made, clarity requires Annex I to Regulation (EC) No 2505/96 to be replaced in its entirety.
(6)
Regulation (EC) No 2505/96 should therefore be amended accordingly.
(7)
Having regard to the economic importance of this Regulation, it is necessary to rely on the grounds of urgency provided for in point I(3) of the Protocol on the role of national parliaments in the European Union annexed to the Treaty on European Union and to the Treaties establishing the European Community.
(8)
Since the tariff quotas have to take effect from 1 January 2009, this Regulation should apply from the same date and enter into force immediately,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 2505/96 shall be replaced by the text set out in the Annex to this Regulation.
Article 2
With effect from 1 January 2008, in Annex I to Regulation (EC) No 2505/96:
(a)
the quota volume of the tariff quota for order number 09.2812 shall be fixed at 4 000 tonnes;
(b)
the quota volume of the tariff quota for order number 09.2950 shall be fixed at 15 000 tonnes.
Article 3
With effect from 1 January 2009, in Annex I to Regulation (EC) No 2505/96:
-
the quota volume for the tariff quota for order number 09.2908 shall be fixed at 40 000 tonnes.
Article 4
With effect from 1 January 2009, in Annex I to Regulation (EC) No 2505/96, a row for order number 09.2631 shall be inserted.
Article 5
With effect from 1 January 2009, in Annex I to Regulation (EC) No 2505/96, the rows for the order numbers 09.2618, 09.2713, 09.2719, 09.2771 and 09.2775 shall be deleted.
Article 6
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall apply from 1 January 2009.
However, Article 2 shall apply from 1 January 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 2008. | [
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COMMISSION REGULATION (EEC) No 1166/92 of 5 May 1992 re-establishing the levying of customs duties on products of category 20 (order No 40.0200), originating in Indonesia, 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 3832/90 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-established at any time in respect of imports of the products in question once the relevant individual ceilings have been reached at Community level;
Whereas, in respect of products of category 20 (order No 40.0200), originating in Indonesia, the relevant ceiling amounts to 232 tonnes;
Whereas on 26 March 1992 imports of the products in question into the Community, originating in Indonesia, 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 Indonesia,
HAS ADOPTED THIS REGULATION:
Article 1
As from 10 May 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 Indonesia:
Order No Category
(unit) CN code Description 40.0200 20 (tonnes) 6302 21 00
6302 22 90
6302 29 00
6302 31 10
6302 31 90
6302 32 90
6302 39 90 Bed linen, other than knitted or crocheted
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, 5 May 1992. | [
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COMMISSION REGULATION (EC) No 1294/97 of 3 July 1997 amending for the fifth time Regulation (EC) No 414/97 adopting exceptional support measures for the market in pigmeat in Germany
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organization of the market in pigmeat (1), as last amended by Regulation (EC) No 3290/94 (2), and in particular Article 20 thereof,
Whereas, because of the outbreak of classical swine fever in certain production regions in Germany, exceptional support measures for the market in pigmeat have been adopted for that Member State by Commission Regulation (EC) No 414/97 (3), as last amended by Regulation (EC) No 1030/97 (4);
Whereas the aid granted for the delivery of piglets should be adjusted to the current market situation, taking account of the fall in prices;
Whereas the veterinary and health situation is favourable, so that the protection and surveillance zones in the Länder of North Rhine-Westphalia and Lower Saxony can be cancelled; whereas this change should be taken account of by replacing Annex II to Regulation (EC) No 414/97 with a new Annex;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 414/97 is hereby amended as follows:
1. in Article 4 (4), 'ECU 74` and 'ECU 63` are replaced by 'ECU 71` and 'ECU 60` respectively;
2. Annex II is replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 July 1997. | [
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Commission Regulation (EC) No 1167/2003
of 30 June 2003
altering the export refunds on white sugar and raw sugar exported in the natural state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 680/2002(2), and in particular the third subparagraph of Article 27(5) thereof,
Whereas:
(1) The refunds on white sugar and raw sugar exported in the natural state were fixed by Commission Regulation (EC) No 1051/2003(3).
(2) It follows from applying the detailed rules contained in Regulation (EC) No 1051/2003 to the information known to the Commission that the export refunds at present in force should be altered to the amounts set out in the Annex hereto,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, as fixed in the Annex to Regulation (EC) No 1051/2003 are hereby altered to the amounts shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 1 July 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 June 2003. | [
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Commission Regulation (EC) No 706/2002
of 25 April 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), as amended by Commission Regulation (EC) No 680/2002(2),
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(3), 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(4). 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 26 April 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 April 2002. | [
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Commission Regulation (EC) No 296/2004
of 19 February 2004
amending Regulation (EEC) No 1848/93 laying down detailed rules for the application of Council Regulation (EEC) No 2082/92 on certificates of specific character for agricultural products and foodstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs(1), and in particular Article 20 thereof,
Whereas:
(1) The Community symbol and the indication referred to in Articles 12 and 15 of Regulation (EEC) No 2082/92 are composed of the models shown in parts A and B of Annex I to Regulation (EC) No 1848/93(2).
(2) The Finnish and Swedish symbols and indications should be added to the abovementioned Annex and the symbols and indications used since the entry into force of the Treaty of Accession of Austria, Finland and Sweden should be declared valid in so far as they conform to the models shown in the Annex hereto.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Regulatory Committee on Certificates of Specific Character,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EEC) No 1848/93 is hereby replaced by the Annex to this Regulation.
The symbols and indications in Finnish and Swedish used since the entry into force of the Act of Accession of Austria, Sweden and Finland shall be valid in so far as they conform to the models shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 February 2004. | [
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COMMISSION REGULATION (EC) No 562/98 of 12 March 1998 adjusting the special aid for the processing of sugar beet into white sugar in the Azores provided for in Article 25 of Regulation (EEC) No 1600/92
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June 1992 concerning specific measures for the Azores and Madeira relating to certain agricultural products (1), as last amended by Regulation (EC) No 2348/96 (2), and in particular the second subparagraph of Article 25(2) thereof,
Whereas pursuant to Article 25(2) of Regulation (EEC) No 1600/92, under certain conditions, specific aid of ECU 12,08 per 100 kg of sugar has been paid since the 1992/93 marketing year for the processing of sugar beet harvested in the Azores into white sugar; whereas the second subparagraph of Article 25(2) of Regulation (EEC) No 1600/92 lays down that the amount of that aid may be adjusted;
Whereas the measure is intended to improve the production conditions for sugar beet and the competitiveness of the local sugar industry, within the limit of total annual production of 10 000 tonnes of white sugar;
Whereas the local processing industry can produce white sugar from local beet or from imported raw sugar or raw sugar supplied from the rest of the Community under the specific supply arrangements provided for under Title I of Regulation (EEC) No 1600/92; whereas, therefore, in order to achieve the objectives of the measure and inter alia not to damage the competitiveness of undertakings choosing to obtain supplies of beet from the Azores, the amount of aid should be adjusted from the 1998/99 marketing year to take account of the special conditions for the processing of beet in the Azores where costs can only be spread over a limited volume of production;
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
The aid referred to in the second subparagraph of Article 25(2) of Regulation (EEC) No 1600/92 shall be ECU 27 per 100 kilograms of white sugar from the 1998/99 marketing year.
Article 2
Portugal shall establish annually a report on the working of the scheme.
Article 3
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 March 1998. | [
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COMMISSION DECISION
of 3 March 1999
concerning aid granted by Italy to firms affected by the bankruptcy of Sirap SpA
(notified under document number C(1999) 584)
(Only the Italian text is authentic)
(Text with EEA relevance)
(1999/678/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(2)(a) thereof,
Having, in accordance with the abovementioned provisions, given interested parties notice to submit their comments,
Whereas:
I
By letter dated 9 March 1995, the Italian authorities, in accordance with Article 93(3) of the EC Treaty, notified measures to assist firms affected by the winding-up of Sirap SpA, a publicly-owned company responsible for the economic development of the Region.
The notification was incomplete inasmuch as the Italian authorities announced that the list describing the aid measures planned for the firms would be communicated to the Commission as soon as possible. When it acknowledged receipt of the letter, the Commission informed the Italian authorities that the two-month period within which it had to reach a decision on the aid would start to run when the promised information was received.
Despite several reminders, the Italian authorities did not supply the information requested. The most recent reminder was sent on 20 November 1995, when the Commission stated that, failing a reply from the Italian authorities within ten working days, the aid would be removed from the register of notified aid and entered in the register of unnotified aid in view of the fact that draft Law No 835 of the Region of Sicily provided for a first aid tranche for 1995. As no reply was received, the aid was entered in the register of unnotified aid under NN 196/95.
By letters dated 15 May and 3 June 1996, the Italian authorities indicated that the draft Law had been enacted on 24 March 1996 and provided some of the information requested.
By decision of 3 July 1996, the Commission initiated Article 93(2) proceedings in respect of the aid. The Italian authorities were informed of the commencement decision by letter dated 17 July 1996. Following publication of the letter in the Official Journal of the European Communities(1), comments were received from a third party, a lawyer representing one of the shareholders of Sirap SpA. The comments were forwarded to the Italian authorities on 14 March 1997. Despite several reminders, the Italian authorities gave the Commission their views on the comments only on 5 May and 22 September 1997.
Finally, on 8 October 1997, the Italian authorities notified a new aid scheme to the Commission relating to the regeneration and setting-up of craft centres, which were to have been carried out by Sirap SpA. The scheme is being examined separately by the Commission. As the new measure also provides for financial assistance for companies and/or persons having carried out work on behalf of Sirap SpA, the Commission questioned the Italian authorities about the connection between the new measure and the measures concerned by these proceedings. The reply from the Italian authorities was received on 15 January 1998.
II
The reasons why the Commission initiated the proceedings may be summarised as follows.
The scheme allows suppliers and creditors of Sirap SpA or firms having carried out work on its behalf to apply to credit institutions for loans of up to ITL 700 million, subject to a ceiling which must not exceed their claims on Sirap SpA.
The loans are granted over a period of five years, with a one-year grace period. The interest rate is 4 %, the difference as compared with the reference rate applied in the relevant market sector being covered by the Region. The loans are guaranteed by the transfer to the banks of any claims the firms may have against Sirap SpA and by an additional guarantee from the Region.
The guarantee from the Region should be regarded as aid to the firms as they would probably not have obtained the loans without it. Given that Sirap SpA is bankrupt, it is unlikely that the claims will be met in full and, therefore, recovered by the banks.
The Commission took the view that the aid element in the guarantee should therefore be regarded as corresponding to the amount guaranteed. It was, however, unable to calculate the aid element in the loans as it did not know the reference rates applied in the various sectors concerned. However, taking as a basis the reference rate applied to calculated regional aid, the Commission estimated an aid intensity of 20 % gross.
The Italian authorities were asked to send further details as it was not possible, on the basis of the data available, to exempt the aid measures under Article 92(3) of the Treaty and Article 61(1) of the EEA Agreement.
III
The Italian authorities' response was simply to send the Commission a list of the amounts owed to firms that had carried out work on Sirap SpA's behalf.
The Italian authorities also pointed out that the total amounts in question considerably exceed the maximum amount provided for in the regional law. They also stated that the regional guarantee is intended for firms with claims on Sirap SpA and not for Sirap SpA. This fact is sufficient, they claim, to rebut the Commission's statement that the regional guarantee has a net grant equivalent equal to the amount of guaranteed credit granted in connection with the bankruptcy of Sirap SpA.
In their most recent letter, received on 15 January 1998, the regional authorities explained that the measures in question constitute direct aid to the creditors of firms that carried out work on behalf of Sirap SpA. As those firms had been unable to obtain payment of their claims owing to the bankruptcy of Sirap SpA, they in turn had been unable to pay their own creditors.
In view of the delay in the application of the measures in question, most of the firms that carried out work for Sirap SpA have filed for bankruptcy on account of insolvency resulting from the suspension of payments by Sirap SpA. As a result, the creditors of those firms will have to wait for the liquidation of their debtors' assets in order to recover the amounts owed to them.
Lastly, no comments were made by the Italian authorities concerning the only response received by the Commission from a third party in this case.
IV
As part of the procedure, the Commission received comments from the legal representative of Finanziaria Meridionale SpA (hereinafter referred to as "FIME"), one of the shareholders of Sirap SpA.
FIME wished to draw the Commission's attention to the financial prejudice it had suffered as a result of a negative decision taken by the Commission in 1994 concerning various aid measures promised by the Region of Sicily to a number of regional holding companies (aid No C 12/92, ref. SG(94)D/4720). One of the measures which the Commission declared incompatible with the Treaty was aid of ITL 4 billion to Ente Siciliano per la Promozione Industriale SpA (hereinafter "ESPI") intended to cover the losses of its subsidiary Sirap SpA. The Commission accordingly prohibited the Italian Government from granting the aid.
FIME considers that the Commission based its decision on the wrong assumptions and without seeking clarification from the Region. It alleges that the Commission wrongly believed that Sirap SpA was engaged in the engineering industry, whereas FIME regards it as a firm aiming to achieve "the industrial development of the territory of Sicily through the creation and development of enterprises".
More specifically, Sirap SpA's activities were limited to planning, carrying out and managing the creation of the infrastructure and other facilities which would encourage productive investments. It also provided specialised services for the production, organisation and management of small and medium-sized firms.
Sirap SpA was set up with capital subscribed equally by FIME and ESPI. The capital was fully guaranteed by the Region, which undertook to cover the expenditure incurred by the firm in the course of its activities.
FIME considers that, although Sirap SpA was technically a public limited company, it did not constitute a normal business structure since it acted on behalf of the Region.
The decision of the Sicilian Regional Government in 1991 and 1992 no longer to cover the entire capital, and the negative Commission decision of 1994 resulted, it is claimed, in the demise of Sirap SpA. As a result, FIME's shareholding no longer has any financial value. FIME therefore asks the Commission to review where possible its position on the matter or, alternatively, to take steps to allow the Region to fulfil its obligations for 1991 and 1992 to guarantee the entire capital of Sirap SpA.
V
The notified measures constitute aid to the suppliers and creditors of Sirap SpA or firms which carried out work on its behalf since they attempt to limit the damage caused by the bankruptcy of Sirap SpA to such persons and/or firms. In practice, they constitute a temporary measure aimed at preventing recipients from having to suspend payments owing to the delay or the impossibility of recovering the sums owed by Sirap SpA or by the firms that carried out work on its behalf.
The aid in question is therefore aimed at cushioning the normal impact of the liquidation of Sirap SpA, where creditors and suppliers would await the final winding-up in order to recover all or part of their claims. Pending the outcome, those firms are unable in their turn to pay their creditors, and this is liable to trigger a chain of bankruptcies. According to the Italian authorities, because of the delay in applying the measures, most of the firms that worked on behalf of Sirap SpA are themselves being wound up, having become insolvent as a result of the suspension of payments by Sirap SpA.
On the basis of the information received, it must be concluded that the measures constitute operating aid aimed at ensuring the survival of the recipient firms by enabling them to bear the financial charges resulting from their normal business activities. Furthermore, the Italian authorities have never claimed that the measure in question constitutes regional investment aid or rescue or restructuring aid for firms in difficulty.
It is worth noting in this respect that, although a number of aid recipients have in turn filed for bankruptcy, the Italian authorities have not at any stage in these proceedings invoked the application of the Community Guidelines on State aid for rescuing and restructuring firms in difficulty(2). Furthermore, they have not provided any information indicating compliance with the Guidelines, for example by submitting restructuring plans aimed at restoring the long-term viability of the recipient firms.
The direct recipients of the aid are engaged in a wide range of activities, as evidenced by the measure forming the subject of these proceedings, the interest subsidy being granted on the basis of the reference rates applied in the different sectors of the economy. The Commission has no information on the specific sector of each recipient. However, it concludes from the information submitted by the Italian authorities that, as Sirap SpA's creditors are firms which carried out work on its behalf, they are firms in the building and public works sector.
In addition, according to information received by the Commission in connection with State aid No N 693/97 concerning the redevelopment of areas equipped for craft activities which was to have been carried out by Sirap SpA, the latter's creditors include professional firms, architects and engineers to design and oversee the work.
The aid to Sirap SpA's creditors is therefore sectoral, as it is limited to one or more sectors. However, no information is available on the suppliers and creditors of firms which carried out work on behalf of Sirap SpA.
VI
State aid must be examined to determine whether it affects intra-Community trade or distorts or threatens to distort competition.
According to the Panorama of EU Industry for 1997(3), building is inherently a local or regional activity, with most firms not usually moving far from their local area. Consequently, transnational activities do not usually result in exports of goods as such, but rather take the form of exports of capital or services through international mergers, acquisitions and joint ventures.
Nonetheless, whereas small firms tend not to move far from their region of origin, larger ones do so.
In the present case, distance does not appear to have acted as an inhibiting factor. The local nature of the activity is thus somewhat mitigated by the fact that the firms which carried out work for Sirap SpA include Italian firms located some distance from Sicily, notably Bologna and Udine. They took part in the work through consortia which also included firms located in Sicily. According to those firms, the value of such work was the fact that it was supported and funded by the State, as well as the absence of any risk to the solvency of Sirap SpA.
The fact that several recipient firms came from a long way away because of the absence of risk does not rule out the possibility that foreign firms might have been interested in taking part in the work and that there was trade between the Member States on the market in question. The Italian authorities have not, indeed, provided any evidence that no such trade took place.
As regards the planning of the work, the Panorama of EU Industry for 1997 points out that, whilst the architectural profession does not as yet have a sufficient number of economic observations to allow a satisfactory assessment of the wide and varied range of its numerous activities, architects do supply services in other Member States. Furthermore, as regards "engineering" services in the Community, the Panorama states that, with the exception of Italy and the United Kingdom, which both have higher percentages, an average of 25 % of annual turnover in that sector is derived from contracts performed in other countries.
It cannot therefore be concluded (nor have the Italian authorities, during the proceedings, made any claim to the contrary) that aid to such recipients does not distort trade between Member States.
The measure in question allows the recipients partially to avoid the consequences of the bankruptcy of the promoter. The firms are thus artificially placed in a more favourable position than similar firms in Italy and other Member States that are unable to rely on State aid in similar circumstances. It must therefore be concluded that the aid distorts or is liable to distort competition.
Accordingly, as the measure satisfies the tests of Article 92(1) of the Treaty, it constitutes State aid within the meaning of that Article. The next step is to determine whether the aid is lawful and compatible with the Treaty.
VII
As to whether the aid is lawful, it is necessary to consider the timing of the various legislative documents. The Italian authorities informed the Commission that the notified draft Law had been approved by the Region of Sicily on 24 March 1996 but had been the subject of a legal action brought by the Commissario dello Stato (Government representative). The Law was adopted on 22 March 1997 (Law No 8/97) and published in the Official Journal of the Region of Sicily of 29 March 1997. The difference between the second version of the Law and the first is the removal of one of the articles concerning the employment by the Region of Italter staff - a matter not covered by these proceedings (in the second version, the article in question was removed by Order No 60 of the Constitutional Court, sitting on 26 February to 4 March 1997).
For the reasons given above, the Commission entered the notified aid in the register of unnotified aid. Although the Italian authorities subsequently informed the Commission that the law had been approved and adopted one year later, they did not challenge the classification of the measure as unnotified aid.
Furthermore, although they were specifically requested to do so when these proceedings were initiated, the Italian authorities did not confirm that the implementation of the measures had been suspended pending the outcome of the Commission's assessment. The most that can be concluded from the recent correspondence concerning aid N 693/97 is that the delay in implementing Regional Law No 8/97 frustrated the intentions of the legislator.
This, however, is not enough to rule out completely the possibility that the measures concerned by these proceedings were implemented before the Commission took a decision and that they are, therefore, illegal.
VIII
With regard to the compatibility of the aid, it should be noted that the whole of Sicily is eligible for aid to promote regional development under Article 92(3)(a) of the Treaty.
The aid in question cannot be regarded as investment aid, as it is not intended to promote productive investment. It must therefore be regarded as operating aid.
In its communication on the method for the application of Article 92(3)(a) and (c) to regional aid(4), the Commission provided for the possibility of operating aid being granted under certain conditions, namely:
1. The aid is limited in time and designed to overcome the structural handicaps of enterprises located in Article 92(3)(a) regions.
2. The aid is designed to promote a durable and balanced development of economic activity and does not give rise to a sectoral overcapacity at the Community level such that the resulting Community sectoral problem produced is more serious than the original regional problem.
3. Such aid must not be granted in violation of the specific rules on aid granted to companies in difficulty.
4. An annual report on the application of the aid must be sent to the Commission, indicating total expenditure by type of aid and the sectors concerned.
5. Aid designed to promote exports to other Member States must be excluded.
As regards the first condition, it is worth noting that, although the aid is limited in time, it is not intended to overcome the structural handicaps of enterprises located in Sicily. First, at least two of the firms having participated in the temporary associations of undertakings responsible for the work are located outside the region. To grant aid to such enterprises would be tantamount to removing the distinction between assisted and non-assisted areas as regards regional development.
Furthermore, the aid is not intended to overcome the structural handicaps of the economic situation in Sicily, since it is aimed at helping the victims of the bankruptcy to stay afloat until the liquidation procedure has been completed. Such situations can occur throughout the Community, and no evidence has been adduced by the Italian authorities to show that the structural situation is worse because it is in Sicily.
As for the second condition, neither the object nor the effect of the aid can be regarded as promoting a durable and balanced development of economic activity. The aid is not intended to assist marketing or to cover the extra transport or communication costs which might be justified by the physical distance preventing firms from participating in the Community internal market.
As regards the third condition, it is unlikely that the suppliers and creditors of Sirap SpA or of firms carrying out work on its behalf could, when Sirap SpA went into liquidation, have been regarded as "firms in difficulty". It is, however, clear that the aid was intended to prevent the recipients, especially the firms carrying out work on behalf of Sirap SpA, from having to suspend payments. This is confirmed by the Italian authorities, which acknowledged that, because of delays in granting the aid, most of the firms which had carried out work for Sirap SpA filed for bankruptcy owing to the latter's cessation of payments.
The aid is thus tantamount to rescue or restructuring aid for firms in difficulty. However, as was stated above, the Italian authorities have not invoked the application of the Community Guidelines on State aid for rescuing and restructuring firms in difficulty.
Yet, even had they done so, the aid does not qualify as a rescue measure since the loans were not granted at market rates, the Region having borne part of the interest, and were granted for more than the six months which the Commission regards as the period normally necessary for them to be defined as a recovery measure. Similarly, the aid does not qualify as restructuring aid since, among other things, the Commission did not receive any restructuring plan guaranteeing the long-term viability of the firm.
Although the last two conditions do not appear to be applicable in the present case, the failure to comply with the other conditions is already sufficient to rule out the possibility of exemption under Article 92(3)(a).
Exemption under Article 92(3)(b) is not possible as the aid is not intended to promote the execution of an important project of common European interest or to remedy a serious disturbance in the Italian economy.
The exemption provided for in Article 92(3)(c) is not applicable either because, in the context of that provision, the Commission does not authorise operating aid.
Lastly, the exemption provided for in Article 92(3)(d) is not applicable as the aid is not intended to promote culture and heritage conservation.
IX
In its letter initiating the proceedings, the Commission stated that, without the guarantee provided by the Region of Sicily, the recipients would probably not have obtained a bank loan. The only security the firms were required to provide to the banks issuing the loans were their claims on Sirap SpA, which was already bankrupt and in the process of being wound up. It therefore follows that Sirap SpA's creditors had very little chance of recovering a significant part of the claims in question. The Commission accordingly took the view that the aid element in the guarantee should be regarded as corresponding to the amount guaranteed.
The Italian authorities' rejection of that assessment is not supported by any evidence allowing the Commission to reverse its assessment. As already stated above, the purpose of the State aid is to ward off the normal effects of the liquidation of Sirap SpA by preventing a chain reaction of bankruptcies among its creditors owing to their failure to pay their own creditors.
In order to secure a loan from a bank, Sirap SpA's creditors are required to transfer their claims to that bank as a primary guarantee. Given that Sirap SpA is in liquidation, it is doubtful whether the claims have any significant value. According to information received as part of the proceedings, Sirap SpA simply acted as intermediary in the execution of development projects for the Region. It is therefore doubtful that the firm possessed any solid assets which could be sold in order to pay creditors. Even if this were to be the case, which is unlikely in view of Sirap SpA's activities, the Italian authorities have not invoked this as an argument. This is why the Region provides an additional guarantee.
It is, of course, possible that recipient firms in sound financial health could have obtained a loan on the capital market in the normal way. However, the Italian authorities have not provided any evidence that Sirap SpA's creditors could have obtained financing solely on the basis of the primary guarantee or their own financial position, i.e. without the additional guarantee provided by the Region.
It would seem, in fact, according to statements by the legal representatives of FIME which have not been denied by the Italian authorities, that the solvency of Sirap SpA was closely tied to capital injected by the Region in order to maintain the capital integrity of the firm. Indeed, the latter's difficulties began when the Region refused to contribute capital in 1991 and 1992, leading to the suspension of payments by Sirap SpA to the firms and the cessation of work.
Furthermore, FIME claims that its holding in Sirap SpA, formerly worth ITL 2 billion, should now be regarded as worthless.
In view of the foregoing, it must be concluded that the Italian authorities have not furnished any evidence that the claims on Sirap SpA, which were transferred as security in exchange for loans, had any significant financial value. As a result, apart from the healthy firms which could have obtained a loan on the market under normal conditions (the Italian authorities have not provided any evidence that such a situation constitutes the rule), the Commission has no option but to maintain its position, namely that the aid element in the guarantee must be regarded as equal to the amount guaranteed.
X
As was stated above, in the course of these proceedings the Commission received comments from a former Sirap SpA shareholder. The comments call for the following observations:
1. The information on the characteristics and activities of Sirap SpA was communicated to the Commission by the Italian authorities under proceedings initiated in respect of various aid measures promised by the Region of Sicily to several regional holding companies (aid C 12/92). In their letter of 21 July 1992, the authorities stated that Sirap SpA was a company established under Article 53 of Regional Law No 105 of 5 August 1982 in order to provide technical design services for public works and/or services on behalf of public bodies (regions, municipalities, etc.) and, accordingly, was not involved in products that could be assessed on the market.
In its final decision on the case (ref. SG 94 D/4720), the Commission took the view that, according to the description of its activities provided by the Italian authorities, Sirap SpA operated in the engineering sector. This is also in line with the definition of engineering given in the Panorama of EU Industry for 1997, i.e. intellectual services aimed at optimising investment projects in industry, construction and infrastructure as well as at all the stages of a project, from its initial conception to its completion.
The Commission had concluded that the amount of aid was such that, in view of the generally small size of engineering firms, it could prevent private-sector competitors of Sirap SpA from gaining access to the market or force them out of the market, both in Italy and in other Member States, as they would not benefit from State aid to cover any losses.
2. The comments made by the legal representatives of FIME to the Commission as part of the proceedings confirm that at least some of Sirap SpA's activities comprised the activities described above, as defined by the Commission in its 1994 decision.
3. It should be noted that neither Sirap SpA, nor its shareholders or their legal representatives nor the Italian authorities challenged the Commission decision of 1994 within the specified period. The decision is therefore final.
4. With regard to the preceding point, the Commission notes that the Italian authorities have not responded to the comments received as part of the proceedings, despite having been invited to do so. This constitutes further confirmation of the statements in the preceding point.
XI
In view of the foregoing, the measures to assist the firms affected by the liquidation of Sirap SpA, which are provided for in the regional law approved on 24 March 1996 (DDL 1182-1210) and adopted as Regional Law No 8 of 22 March 1997 and which take the form of guarantees and interest subsidies, constitute aid within the meaning of Article 92(1) of the Treaty.
As the budgetary resources were approved for five years from 1996, the aid is unlawful as regards the portion not covered by the rules in the Commission notice on de minimis aid(5), which sets a threshold of EUR 100000 over three years, given that the Italian authorities have not confirmed that the measures were not implemented before the Commission took a decision.
The aid not covered by the de minimis rule is also incompatible with the common market, as it is not covered by the exemptions provided for in the Treaty for the reasons already given (see Section VIII).
Where aid is incompatible with the common market, the Commission is required, pursuant to Article 93(2) of the EC Treaty and the case-law of the Court of Justice, in particular its judgments in Cases 70/72(6), 310/85(7) and C 5/89(8), to ask the Member State to recover the illegal aid from the recipients. Consequently, with regard to the portion not covered by the de minimis rule, the aid must be abolished and, in so far as it has already been granted, recovered by the Italian authorities.
This case concerns a guarantee where the aid element can amount to the full loan guaranteed, whilst the loan itself comprises an aid element in the form of an interest subsidy with an estimated intensity of 20 %, as was stated when they were initiated. As the Italian authorities have not communicated the sectoral interest rates applied to calculate the interest subsidies, the Commission is unable to determine the extent to which the rates correspond to those applied to calculate regional aid.
Where the financial position of the aid recipients would have enabled them to obtain the financing in question on the capital market, without the State guarantee, the aid element consists solely in the interest subsidy. Otherwise, the aid consists in the amount of the guaranteed loan and the interest subsidy.
Accordingly, in order to comply with the ceiling provided for in the de minimis notice, the guarantee may cover only a maximum amount of EUR 83333, by adding the aid element contained in the interest subsidy, a total of EUR 100000 over a three-year period is obtained,
HAS ADOPTED THIS DECISION:
Article 1
The measures to assist firms affected by the bankruptcy of Sirap SpA, which are provided for in the law of the Region of Sicily approved on 24 March 1996 and subsequently adopted as Regional Law No 8 of 22 March 1997 and which take the form of guarantees and interest subsidies, constitute aid within the meaning of Article 92(1) of the Treaty.
The portion of that aid which exceeds the ceiling of EUR 100000 over three years provided for in the de minimis notice is illegal inasmuch as it was granted before a decision was taken by the Commission under Article 93(3) of the Treaty.
Article 2
The aid not covered by the de minimis rule referred to in Article 1 is also incompatible with the common market as it does not qualify for exemption under Article 92(2) and (3) of the Treaty.
Article 3
Italy shall abolish the part of the aid scheme in question that is not covered by the de minimis rule and shall take the necessary steps to recover the aid granted illegally and described in Article 1 of this Decision.
Where the financial position of a firm receiving aid referred to in Article 1 of this Decision would have afforded it normal access to the capital market without the State guarantee, recovery shall apply only to the interest subsidy.
Where a recipient would not have been able to obtain the loan in question without the State guarantee, the full amount of aid shall be recovered.
Article 4
The aid shall be recovered in accordance with the procedures and provisions of Italian law, together with interest starting to run from the date on which the aid was granted to the date on which it was repaid. The rate shall be the reference rate, applicable on the date the aid was granted, used to calculate the net grant equivalent of regional aid in Italy.
Article 5
The Italian Government shall inform the Commission, within two months of the date of notification of this Decision, of the measures taken to comply herewith.
Article 6
This Decision is addressed to the Italian Republic.
Done at Brussels, 3 March 1999. | [
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*****
COMMISSION REGULATION (EEC) No 1550/85
of 6 June 1985
amending Regulation (EEC) No 467/77 on the method and the rate of interest to be used for calculating the costs of financing intervention measures comprising buying in, storage and disposal
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1883/78 of 2 August 1978 laying down general rules for the financing of interventions by the European Agricultural Guidance and Guarantee Fund, Guarantee Section (1), as last amended by Regulation (EEC) No 1716/84 (2), and in particular Article 5 thereof,
Whereas Article 1 (4) of Commission Regulation (EEC) No 467/77 (3), as last amended by Regulation (EEC) No 400/85 (4), states that where payment for a product bought in by an intervention agency is effected after a certain period, the quantities to be used for the calculation of interest charges are to be reduced;
Whereas it transpires that, as a consequence of the extension of periods for payment and of major buying in in certain sectors at the end of the financial year, this reduction may produce a negative result; whereas the method should be adjusted to take account of this effect;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Fund Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The following subparagraph is hereby added to Article 1 (4) of Regulation (EEC) No 467/77:
'Where the calculation of average stock at the end of the year gives a negative result once the reduction referred to in the first subparagraph has been effected, that amount shall be deducted from the average stock calculated for the following financial year.'
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 30 November 1984.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 June 1985. | [
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COMMISSION REGULATION (EC) No 1898/2004
of 29 October 2004
supplementing the Annex to Regulation (EC) No 2400/96 as regards the entry of a name in the ‘Register of protected designations of origin and protected geographical indications’ (Terre Tarentine) (PDO)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstsuffs (1), and in particular Article 6(3) and (4) thereof,
Whereas:
(1)
In accordance with Article 6(2) of Regulation (EEC) No 2081/92, the application submitted by Italy for registration of the name ‘Terre Tarentine’ was published in the Official Journal of the European Union (2).
(2)
Since no statement of objection within the meaning of Article 7 of Regulation (EEC) No 2081/92 has been sent to the Commission, the name should be entered in the ‘Register of protected designations of origin and protected geographical indications’,
HAS ADOPTED THIS REGULATION:
Article 1
The name listed in the Annex to this Regulation is hereby added to the Annex to Regulation (EC) No 2400/96.
Article 2
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.
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COMMISSION DECISION of 6 December 1993 granting assistance from the cohesion financial instrument for the project stage 'Effluent treatment installations in the Thessaloniki area - Stage II' in Greece No CF: 93/09/61/010 (Only the Greek text is authentic) (94/531/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 by 'project' shall also be meant the project stage in question;
Whereas on 2 July 1993 Greece submitted an application for assistance from the cohesion financial instrument for the project stage 'Effluent treatment installations in the Thessaloniki area - Stage II';
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 is an outcome of measures taken in application of Article 130s of the Treaty;
Whereas pursuant to Article 9 (1) of Regulation (EEC) No 792/93 technically and financially discrete stages of the project have been identified for the purpose of granting assistance from the financial instrument;
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
1. The project stage 'Effluent treatment installations in the Thessaloniki area - Stage II' in Greece described in Annex I hereto is hereby approved for the period from 1 October 1993 to 31 March 1994.
2. By 'project' in the present Decision and Annexes shall also be meant the project stage in question.
Article 2
1. The maximum eligible expenditure to be taken as the basis for this Decision shall be ECU 3 780 000.
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 3 213 000.
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 1 649 000.
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.
Done at Brussels, 6 December 1993. | [
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Commission Regulation (EC) No 540/2004
of 24 March 2004
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 25 March 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 March 2004. | [
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COMMISSION DECISION of 8 September 1995 amending Decision 94/724/EC derogating from the definition of the concept of 'originating products` to take account of the special situation of Montserrat with regard to connections and contact elements for wire and cables falling within CN code 8536 90 10 (95/375/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community (1), and in particular Article 30 (8) of Annex II thereto,
Whereas Article 30 of Annex II to Decision 91/482/EEC, concerning the definition of the concept of 'originating products` and methods of administrative cooperation provides that derogations from the rules of origin may be adopted where the development of existing industries or the creation of new industries in a country or territory justifies them;
Whereas the Government of Montserrat has requested an amendment to Commission Decision 94/724/EC (2);
Whereas the Government of Montserrat has based its request on the increase in national production capacity and the current shortfall in the Community's sources of supply;
Considering the prospect of an increase in the Community sources concerned over the next four years; and that the increase requested is significant, namely 50 times more than the quantities in the initial derogation, that it is necessary that the derogation should be granted for a limited period only;
Whereas the requested amendment is justified in part under the terms of the provisions concerned in Article 30 of Annex II to Decision 91/482/EEC, notably with regard to the development of the industry in question in Montserrat, and the fact that there would be no injury to Community industry, provided that certain conditions relating to quantities and duration are respected;
Whereas a one time increase in the derogation from 21 000 kg to 35 000 kg for the period between 1 November 1994 and 31 October 1995 would not cause serious injury to established Community industry;
Whereas according to Article 30 (8) of Annex II to Decision 91/482/EEC the procedure laid down in Council Decision 90/523/EEC of 8 October 1990 on the procedure concerning derogations from the rules of origin set out in Protocol No 1 to the fourth ACP-EEC Convention (3), is to apply mutatis mutandis to the overseas countries and territories; whereas therefore a draft of the measures to be taken was submitted to the Committee on the Customs Code - Origin Section which voted in favour of this Decision,
HAS ADOPTED THIS DECISION:
Article 1
Article 2 of Decision 94/724/EC shall be replaced by the following:
'Article 2 The derogation specified in Article 1 shall relate to a quantity exported from Montserrat to the Community of:
- 35 000 kilos between 1 November 1994 and 31 October 1995,
- 21 000 kilos annual between 1 November 1995 and 31 October 1999.`
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 8 September 1995. | [
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Commission Decision
of 15 December 2003
terminating the anti-dumping proceeding concerning imports of hollow sections originating in Russia and Turkey and releasing the amounts secured by way of the provisional duties imposed
(2003/880/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 1972/2002(2) (the "basic Regulation") and in particular Article 9 thereof,
After consulting the Advisory Committee,
Whereas:
A. PROCEDURE
(1) On 2 September 2002, the Commission received a complaint pursuant to Article 5 of the basic Regulation, concerning the alleged injurious dumping by imports of hollow sections, which consist of welded pipes, tubes and hollow profiles of a square or rectangular cross-section of iron or steel with the exception of those made of stainless steel or of a perimeter greater than 600 mm, (the "product concerned") originating in Russia and Turkey.
(2) The complaint was lodged by the Defence Committee of the Welded Steel Tube Industry (the "complainant") on behalf of producers representing a major proportion of the total Community production of hollow sections pursuant to Articles 4(1) and 5(4) of the basic Regulation.
(3) The complaint contained prima facie evidence of the existence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an anti-dumping proceeding.
(4) By means of a notice published in the Official Journal of the European Communities(3), the Commission initiated an anti-dumping proceeding concerning imports into the Community of the product concerned, currently classifiable within CN codes ex 7306 60 31 and ex 7306 60 39, and originating in Russia and Turkey (the "notice of initiation").
(5) The Commission officially advised the exporting producers and importers known to be concerned, the representatives of the exporting countries, the representative users, raw material suppliers and the complainant Community producers. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.
(6) The Commission, by Regulation (EC) No 1251/2003(4), imposed a provisional anti-dumping duty on imports of hollow sections, which consist of welded pipes, tubes and hollow profiles of a square or rectangular cross-section of iron or steel with the exception of those made of stainless steel or of a perimeter greater than 600 mm, falling within CN codes ex 7306 60 31 (TARIC code 7306 60 31 90 ) and ex 7306 60 39 (TARIC code 7306 60 39 90 ), originating in Turkey.
B. WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING
(7) By a letter of 31 October 2003 to the Commission, the complainant formally withdrew its complaint.
(8) In accordance with Article 9(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Community interest.
(9) The Commission considered that the present proceeding should be terminated since the investigation had not brought to light any considerations showing that such termination would not be in the Community interest. Interested parties were informed accordingly and were given the opportunity to comment. No comments were received indicating that such termination would not be in the Community interest.
(10) The Commission therefore concludes that the anti-dumping proceeding concerning imports into the Community of the product concerned originating in Russia and Turkey should be terminated without the imposition of anti-dumping measures.
(11) Any duties provisionally secured on the basis of Regulation (EC) No 1251/2003 should be released,
HAS DECIDED AS FOLLOWS:
Article 1
The anti-dumping proceeding concerning imports of hollow sections, which consist of welded pipes, tubes and hollow profiles of a square or rectangular cross-section of iron or steel with the exception of those made of stainless steel or of a perimeter greater than 600 mm, falling within CN codes ex 7306 60 31 (TARIC code 7306 60 31 90 ) and ex 7306 60 39 (TARIC code 7306 60 39 90 ), originating in Russia and Turkey, is hereby terminated without the imposition of anti-dumping measures.
Article 2
Regulation (EC) No 1251/2003 is hereby repealed.
Article 3
The amounts secured by way of the provisional anti-dumping duty imposed pursuant to Regulation (EC) No 1251/2003 shall be released.
Article 4
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 15 December 2003. | [
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Commission Decision
of 20 July 1999
on State aid granted by Italy to the Inma shipyard through the public holding company Itainvest (formerly GEPI)
(notified under document number C(1999) 2532)
(Only the Italian version is authentic)
(Text with EEA relevance)
(2000/262/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having called on interested parties to submit their comments pursuant to the provisions cited above(1) and having regard to their comments,
Whereas:
I. PROCEDURE
(1) As part of the monitoring procedure initiated under the Commission Decision of 17 July 1996(2) on the GEPI group (which became Itainvest on 12 September 1997 and is referred to hereinafter by this new name), the management of the group acknowledged that, in 1997, they awarded a wholly-owned subsidiary, the Inma shipyard, a capital grant of approximately ITL 100 million (EUR 51,6 million) in order to cover the losses recorded by the shipyard in 1996 and 1997. The Commission therefore sent the Italian authorities an official request for information dated 1 October 1998. By letter of 9 November 1998 the Italian Permanent Representative supplied information in the form of the company's annual accounts for the years 1992 to 1997.
(2) By letter of 19 January 1999 the Commission informed the Italian Government of its decision to initiate proceedings under Article 88(2) of the EC Treaty in respect of the aid. The Italian authorities sent their comments to the Commission by letter No 3896 of 2 March 1999 from the Permanent Representative. The Commission decision to initiate the procedure was published in the Official Journal of the European Communities(3) together with an invitation to other interested parties to submit their comments. Comments were received, which the Commission forwarded to Italy. Its response was received by letter of 30 June 1999.
II. DESCRIPTION
(3) An examination of the accounts shows, firstly that the 1996 financial year closed with a loss of ITL 21,4 billion (EUR 11 million). The Board of Directors requested Itainvest, as the principal shareholder of the company, to cover the loss by writing off debts. The shareholders' meeting held on 13 November 1997 decided that ITL 4,68 billion (EUR 2,4 million) of the loss would be covered by the statutory and special reserves and the remaining ITL 16,7 billion (EUR 8,6 million) by Itainvest. At a meeting on 24 March 1998, it was decided that, since the company's accounts at 30 November 1997 already showed a loss of ITL 81,89 billion (EUR 42,3 million), this amount would be covered and the capital would be restored to a level of ITL 35 billion (EUR 18 million). The principal shareholder was to subscribe 99 % of the capital but release only three-tenths immediately, whilst the remaining 1 % was to be subscribed and made available immediately by the shipyard Nuovi Cantiere Apuania (NCA), which also belongs to Itainvest. Finally, an ordinary and extraordinary shareholders' meeting on 23 June 1998 approved the accounts for the entire 1997 financial year, recording an overall loss of ITL 103,7 billion (EUR 53,5 million) and decided to cover the losses of ITL 21,8 billion (EUR 11,2 million) still outstanding for that financial year. The total amount paid by Itainvest thus amounts to ITL 155,4 billion (EUR 80,2 million).
(4) The same balance sheets also revealed several amounts of aid paid by the competent Italian authorities (first by the Ministry responsible for the merchant navy and subsequently by the Ministry for Transport and Navigation) under Laws No 599 of 14 August 1982, No 111 of 22 March 1985, No 234 of 14 June 1989 and No 132 of 24 February 1994. Although the Commission authorised the shipbuilding aid established by those laws, it was unable to identify the precise justification for each aid measure.
(5) The Commission doubted that Inma could benefit from aid by virtue of being listed in one of the special registers for shipyards established by Law No 234/1989, created by the Italian Government in order to bring production capacity under control. Inma is not one of the large shipyards whose restructuring under Law No 111/1985(4), and the refinancing of that loan(5), was approved by the Commission, or one of the small- or medium-sized shipyards that were refinanced separately(6).
(6) In view of the foregoing, the Commission initiated proceedings under Article 88(2) of the Treaty because, having concluded that, as regards Itainvest's contributions towards loss compensation and recapitalisation, the company was incorporated under public law and benefits from public funds, it considers that the payments constitute State aid under Article 87(1). Such aid distorts or threatens to distort competition by favouring an undertaking. Furthermore, as the firm is engaged in shipbuilding, the aid should be examined under Council Directive 90/684/EC of 21 December 1990 on aid to shipbuilding(7), as last amended by Directive 94/73/EC(8) and in particular Article 5(1) thereof which states that "aid to facilitate the continued operation of shipbuilding and ship conversion companies, including loss compensation, rescue aid and all other types of operating aid not directly supporting particular restructuring measures covered in Chapter III, may be deemed compatible with the common market provided that such aid together with production aid allocated directly to individual shipbuilding and ship conversion contracts in accordance with Article 4(4) does not exceed the ceiling expressed as a percentage of the aid recipient's annual turnover in shipbuilding and ship conversion".
(7) In view of the various amounts of operating and investment aid and the eligibility of Inma for such aid, the Commission asked the Italian authorities to provide any information enabling it to assess the compatibility of the aid with Directive 90/684/EC on aid to shipbuilding and other relevant decisions.
(8) Lastly, the Commission also had doubts concerning the fact that most of the bank loans of the firm were covered by guarantees granted by Itainvest and a large proportion of the yard's business in recent years was with shipping companies wholly or partly controlled by Inma (especially Pugliola Stargas, Tellaro di Navigazione, Corsica Ferries).
III. COMMENTS FROM INTERESTED PARTIES
(9) As part of the procedure, the Danish authorities put forward their views in a letter dated 21 May 1999, stressing in particular the capacity problems facing the shipbuilding industry worldwide and referring to the yard closures in Denmark in recent years, notably due to excess capacity. In the particular case of Inma, the Danish authorities noted that if it was found that the yard did not qualify for aid, any aid should be recovered. It agreed with the Commission that all aid granted in breach of the laws in force should be censured.
IV. COMMENTS FROM ITALY
(10) By letter No 3896 of 2 March 1999 the Italian authorities first provided a detailed breakdown, for each year from 1987, of all aid granted, specifying the amount of each contract or investment, the rate at which the aid was granted and the relevant legal basis. As regards the inclusion of Inma in the special shipyards' register, the Italian authorities confirmed that the register was established by Law No 234/1989 but that the implementing Decree was adopted only in February 1992 and the register became active only between May and September 1993. Under the Law, only shipyards listed in the register qualified for aid, with the result that the aid was granted only from 1993. Inma had always been regarded as a medium-sized shipbuilder. It was not on the list to which the Commission referred in its letter because it could not qualify for the refinancing under Law 111/1985 since, at the time, it had received only ship conversion orders and appeared to wish to specialise in that area. Only the yards included in that list qualified for refinancing but were not entitled to receive aid under Law No 234/1989 in 1987 and 1988.
(11) The Italian authorities also stated that the amount contributed by Itainvest to cover losses totalled only ITL 120,4 billion (EUR 62,2 million), composed of ITL 16,7 billion (EUR 8,6 million) for 1996 and ITL 103,7 billion (EUR 53,5 million) for 1997, the capital contribution of ITL 35 billion (EUR 18 million) not having been paid out in the end.
(12) As regards the loss compensation granted between 1997 and 1998, the Italian authorities pointed out that Itainvest had taken all the measures which the situation called for, in its capacity as the sole shareholder of the yard. In this connection, they gave a brief account of recent developments in the shipyard.
From 1980 onwards, the yard consistently carried out the necessary adjustments and restructuring dictated by the market, in particular by reducing the workforce from 622 to 221 persons. Following the positive results recorded in the period 1992 to 1995, the financial year 1995 closed with a net profit of ITL 85 million (EUR 0,085 million).
In March 1997, the 1996 balance sheet having shown a loss of ITL 21 billion (EUR 11,2 million), Itainvest immediately initiated an audit, which revealed a number of management errors, in particular as regards the acquisition and management of orders received in December 1995.
In February 1998 an assessment of the net worth of the firm at 30 November 1997 revealed losses of ITL 81,9 billion (EUR 42,3 million) and led to the dismissal of the managing director of Inma, a vicarious liability action being brought against him. It was then decided to cover the loss and carry out a fresh audit, with a view to merging Inma with the other shipyard in which Itainvest had an interest, i.e. Nuovo Cantiere Apuania (NCA).
In June 1998 the ordinary and extraordinary general meeting of shareholders recorded the consultant's negative opinion on the merger with NCA and confirmed the decision of February to cover the 1997 losses which had in the mean time risen to ITL 103 billion (EUR 55,3 million).
Following the negative opinion of the consultant on integration with NCA, an invitation to tender for the shipyard was launched. Of the various bids received in June 1998, there was only one which could be taken into consideration. However, when the firm's real position emerged, it became impossible to sell it and, finally, on 6 November 1998 the general shareholder's meeting decided to wind up the shipyard and appoint an administrator to complete current orders, depending on how advanced their construction was, to avoid further damage through the sudden closure of the yard and the loss of subsidies on the orders in question. The charges borne by Itainvest were estimated at ITL 325 to 350 billion (EUR 168 to 181 million), consisting primarily in its commitments in respect of two orders in hand (Tirrenia and Finanziaria Marittima Stolt-Nielsen), in the form of a performance bond and bonds covering earlier orders (Corsica Ferries and Pugliola), as well as guarantees covering current administrative expenditure, as follows:
TABLE
Provision was also made for Itainvest's exposure to other costs or damage.
(13) With regard to the statement by the Commission that orders in recent years for the construction of new vessels were from shipping companies either wholly or partially controlled by Inma, the Italian authorities commented as follows. "Tellaro di Navigazione (in liquidation since 28 June 1999) is no longer in business and the five vessels ordered were never built. Pugliola replaced another defaulting shipowner which had ordered two vessels from the yard. The first was resold to a private operator on normal market terms and second was chartered bareboat by the same operator, who will become the full owner by 2000. Corsica Ferries is a French company which is completely independent of Inma. Inma had only a minority interest in two firms controlled by Corsica Ferries which in turn each placed an order for a passenger vessel. The first shareholding was sold in 1998 and the second will be sold in 2000".
(14) In short, the Italian authorities take the view that Itainvest thus acted in the most appropriate way possible by taking careful stock of the crisis facing the firm and reducing to a minimum the costs potentially resulting from the guarantees given in order to secure the best possible return on the transfer of the company's assets. Itainvest acted like any private shareholder by seeking in the first place, to minimise losses and eventually, when it proved impossible to sell the firm despite considerable efforts, deciding without delay to put it into liquidation.
(15) These measures do not therefore constitute State aid under Article 1 (d) of Directive 90/684/EC which defines aid as that which is granted by Member States to shipbuilding or ship repair undertakings which they directly or indirectly control and which counts as the provision of risk capital according to standard company practice in a market economy.
(16) Furthermore, as stated in the communication to the Member States on the application of Articles 92 and 93 of the EEC Treaty and of Article 5 of Commission Directive 80/723/EC to public undertakings in the manufacturing sector(9), the Commission acknowledges that the economic reasons for decisions taken by a public shareholder and hence consistency with the private investor principle, must be assessed at the moment the financing decision is made.
(17) It is also accepted "that a parent company may also, for a limited period, bear the losses of one of its subsidiaries in order to enable the latter to close down its operations under the best possible conditions. Such decisions may be motivated not solely by the likelihood of an indirect material profit but also by other considerations, such as a desire to protect the group's image or to redirect its activities"(10).
(18) The Commission has also stated that it is not its intention to apply the principles governing State aid here "in a dogmatic or doctrinaire fashion" and it is aware that a wide margin of judgment must come into investment decisions as long as "the risks are adequately and objectively assessed and discounted at the time the decision to invest is made, in the way that a private investor would"(11).
V. ASSESSMENT
(19) Because the aid concerns a shipbuilding and ship-repair company, it must be examined under Directive 90/684/EC and Council Regulation (EC) No 1540/98 of 29 June 1998 on aid to shipbuilding(12).
(20) As regards the production aid, which is covered by Article 4(1) of the Directive, and the investment aid, which is covered by Article 6, that was granted by the Italian Government, the Commission concludes, having analysed the exact breakdown of aid granted since 1987, that it complies with Italian Laws No 599/1982 (for the period 1981 to 1983), No 111/1985 (for the period 1984 to 1986), No 234/1989 (for the period 1977 to 1990) and No 132/1994 (for the period 1991 to 1998). The aid schemes were authorised by the Commission. The laws in question provided for investment aid with a maximum intensity of between 20 % and 40 % of the investment, on condition that it was accompanied by a restructuring plan. Between 1982 and 1998, Inma carried out restructuring which involved a reduction in the workforce of 65 %, of which 50 % between 1982 and 1992. In the period 1987 to 1998, in respect of investments totalling ITL 49,3 billion (EUR 25,5 million), investment aid was granted amounting to ITL 9,1 billion (EUR 4,7 million), giving an average intensity of 18,5 % in the period in question. The prior notification of aid granted under existing schemes is not necessary. The Commission notes, however, that while the amounts shown in the firm's balance sheets could have created some confusion, essentially because of payment delays caused by the gap between the entry into force of the Community rules and the actual implementation of the relevant national measures, and the aid was granted for the most part after the investments had been made, the investment aid about which it had doubts should have been notified a posteriori under the monitoring procedure provided for in Article 12 of Directive 90/684/EC, in particular on Schedule 3, attached to the Directive. As regards the contract aid, the Commission concludes that all the contracts which benefited from aid conformed to those reported under the monitoring procedure. It notes, however, that, as regards shipbuilding contracts C.4138 and C.4139 for Pugliola-Stargas, C.4248 and C.4249 for Corsica Ferries and C.4260, C.4261 and C.4262 for Stolt-Nielsen, the rate applicable is the maximum rate in force under Article 4( 1 ) of Directive 90/684/EC on the date on which the contracts were signed.
(21) The measures taken by the public-sector group Itainvest to assist its subsidiary Inma should be assessed under Regulation (EC) No 1540/98, Article 1 of which states that "until 31 December 2000, production aid in support of contracts for shipbuilding and ship conversion, but not ship repair, may be considered compatible with the common market provided that the total amount of all forms of aid granted in support of any individual contract (including the grant equivalent of any aid granted to the shipowner or third parties) does not exceed, in grant equivalent, a common maximum aid ceiling expressed as a percentage of the contract value before aid. For shipbuilding contracts with a contract value before aid of more than ECU 10 million, the ceiling shall be 9 %; in all other cases the ceiling shall be 4.5 %". Article 5(1) states that aid for the rescue and restructuring of undertakings in difficulties, including capital injections, debt write-offs, subsidised loans, loss compensation and guarantees, may exceptionally be considered compatible with the common market provided that it complies with the Community guidelines on State aid for rescuing and restructuring firms in difficulty. As the loss compensation is not accompanied by any restructuring plan, the Itainvest measures cannot be regarded as restructuring aid under Article 5(1) of Regulation (EC) No 1540/98.
(22) Point 2.1 of the Community guidelines on State aid for rescuing and restructuring firms in difficulty(13) define rescue aid as measures which temporarily maintain "the position of a firm that is facing a substantial deterioration in its financial position reflected in an acute liquidity crisis or technical insolvency, while an analysis of the circumstances giving rise to the company's difficulties can be performed and an appropriate plan to remedy the situation devised". Or, in other words, aid aimed at providing "a brief respite, generally for not more than six months, from a firm's financial problems while a long-term solution can be worked out". As regards the form of the aid, point 3.1 of the guidelines states that rescue aid must: "- consist of liquidity help in the form of loan guarantees or loans bearing normal commercial interest rates,
- be restricted to the amount needed to keep a firm in business (for example, covering wage and salary costs and routine supplies),
- be paid only for the time needed (generally not exceeding six months) to devise the necessary and feasible recovery plan,
- be warranted on the grounds of serious social difficulties and have no undue adverse affects on the industrial situation in other Member States".
(23) The Commission notes in connection with its decision of 17 July 1996 on the Gepi group(14) that the Inma shipyard was one of 23 companies which the holding company had been required to sell in order to comply with the conditions governing the group's refinancing under its new name of Itainvest. A limited budget of ITL 360 billion (EUR 185,9 million) had been earmarked for the winding-up which would normally end by 31 December 1996 and no later than 31 December 1997. All the assistance granted to Inma in the form of direct contributions, to which the abovementioned decision refers, was granted from June 1997 on the basis of the initial losses identified in the 1996 accounts and was therefore not part of the budget of ITL 360 billion (EUR 185,9 million). These measures were therefore not notified and the Commission was informed about them only in September 1998 at a meeting between its departments and the Italian authorities.
(24) The Italian authorities attribute the difficulties encountered by the yard in 1996 to management errors relating to the Stolt Nielsen and Tirrenia orders received in December 1995. The Commission also notes, however, that completion of the orders was guaranteed by Itainvest to an amount of ITL 42 billion (EUR 21,7 billion) from March 1996. Therefore, in view of the various financial operations that were needed in order to complete the orders in hand, it is clear that no financial institutions would have granted advances without a guarantee from Itainvest, and hence without recourse to public resources.
(25) The guarantees constitute aid under Article 87(1) of the Treaty because, as the Commission stated in its 1993 communication to the Member States, "it is only if guarantees are assessed at the granting stage that all the distortions or potential distortions of competition can be detected. The fact that a firm receives a guarantee even if it is never called in may enable it to continue trading, perhaps forcing competitors who do not enjoy such facilities to go out of business"(15).
(26) If the Italian authorities intend to justify the contribution from Itainvest in the form of loss compensation on the ground that it was less costly than the obligations arising out of guarantees, it must be pointed out that such obligations constitute non-notified aid under Article 87(1) of the EC Treaty and conform to the concept of aid in Article 2(1) and (2) of Regulation (EC) No 1540/98. As the guarantees are directly linked to the cost of the vessels, they should have been taken into account in calculating the maximum aid rate for contracts, as defined in Article 4(1) of Directive 90/684/EC, granted under Italian Law No 132/1994 and approved by the Commission(16). According to the information provided by the Italian Government on 16 April 1986 under the monitoring procedure provided for in Article 12 of Directive 90/684/EC, the orders from Stolt Nielsen (six vessels) and Tirrenia (two vessels) also benefited from 9 % aid in the form of a grant from the competent Ministry and the maximum aid rate would thus have been exceeded.
(27) The Tirrenia order is not a direct order but shipbuilding work on behalf of a third party, namely the Ferrari shipyard which received aid from the Italian Government. As the construction of the two vessels has already benefited from guarantees given to the Inma yard, the two measures (contract aid and guarantees) together exceed the maximum of 9 % of the contract price before the aid. It would also seem that the construction of the two vessels had not started by the end of 1996, since by the end of 1997 work had progressed by only 45,5 % and 28 % respectively.
(28) The Italian authorities state that the first indication of losses incurred by Inma (ITL 21 billion) emerged in May 1997 at the general shareholders' meeting, which then called for an audit of the exact position of the yard. The losses are entered in the balance sheet at 31 December 1996, and it is difficult to accept the assertion of the Italian authorities that the unexpected deficit is due solely to the management of orders received in December 1995. Especially as in the presentation of the balance sheet for 1996, it was clearly stated that the Stolt Nielsen and Tirrenia orders had not contributed significantly to the results of that financial year.
(29) It must therefore be concluded that the poor results achieved by the firm already existed before and were caused by other orders. The Commission notes that the Corsica Fernes I and Corsica Fernes II orders, which also benefited from guarantees given by Itainvest to the builders, namely two shipping companies of which Inma owned 49 % and 51 % respectively, were completed in 1996. The data provided by the Italian authorities indicate that the assistance given by Itainvest to Inma includes a 10-year claim mobilisation guarantee, linked to the order for the two vessels, amounting to ITL 32,440 billion (EUR 16,7 million). As the two ships have already been delivered and paid for, in principle, the Commission concludes that the guaranteed loans in question were used for the general management of the yard. As the guarantees were given through public resources, they constitute State aid in the form of operating aid covered by Article 3(1) of Regulation No 1540/98; they should therefore be included in the maximum aid for contracts and hence reduce the level of aid granted by the Italian Government. This was not the case since, according to the information provided by the Italian authorities, the Ministry granted 9 % of the contract price before aid to all vessels already delivered, i.e. the maximum amount of aid that can be granted under Article 4(1) of Directive 90/684/EC.
(30) The Commission's findings concerning the number and dates of the transactions guaranteed by Itainvest indicate that the latter, as the paxent company, was closely linked with the risky day-to-day management of the Inma yard. The Commission cannot therefore accept that Itainvest acted like a private investor. In view of the already extensive losses (ITL 21 billion or EUR 11 million) at 31 December 1996, of which the shareholder must have been aware well before the general meeting in May 1997, it must be concluded that Inma was already insolvent by that date and should therefore have petitioned for bankruptcy.
(31) The loss compensation cannot therefore be regarded as rescue aid under the relevant Community guidelines as it does not fulfil, in either substance or form, the conditions for compatibility with the common market pursuant to Article 87 of the EC Treaty.
(32) The Commission also considers that the contributions of ITL 21,4 billion in 1997 and ITL 103,7 billion in 1998 constitute aid because they were made "in circumstances which would not be acceptable to an investor operating under normal market conditions", which is "normally taken to mean a situation where the structure and future prospects for the company are such that a normal return (by way of dividend payments or capital appreciation) by reference to a comparable private enterprise cannot be expected within a reasonable time"(17). The Italian authorities have not shown that the capital injection could be regarded as reasonable and therefore acceptable "to an investor operating under normal market conditions", in the sense that "the present value of the expected future cash flows from the intended project" exceeded "the new outlay"(18).
(33) The Commission therefore concludes that the loss compensation in 1997 and 1998 was intended solely to enhance the value of the shipyard artificially by injecting non-repayable funds, since there is no evidence that even if Itainvest had sold the yard, it would have covered the "investment" of ITL 120 billion, given the difficulties affecting the shipbuilding industry. It is therefore difficult to conclude that the transaction can be regarded as the action of a private investor since, in any event, the return on the investment was negative right from the start.
(34) The Commission also doubts that, in preferring to cover the losses, Itainvest opted for the lowest expenditure since, in principle, bankruptcy would automatically have entailed the cancellation of contractual commitments, in particular those relating to the Tirrenia order and hence reduced the cost of its obligations towards the shipping companies, one of the effects of bankruptcy being to place all creditors on the same footing and then give priority to those that have actually advanced funds rather than those entitled to compensation for the failure to fulfil a contractual clause. And, should this not be the case, it would further confirm the Commission's view that Itainvest had committed itself more deeply than a private investor would under normal market conditions. The Commission also notes that the breakdown of Itainvest commitments shows a guarantee of ITL 22,7 billion (EUR 11,7 million) for the Tirrenia order, which was issued in March 1998 and a guarantee of ITL 9 billion (EUR 4,6 million) for the Stolt-Nielsen order, issued in March to May 1998, i.e. after having taken the decision in February to cover the Inma losses on the basis of the accounts adopted at 30 November 1997.
(35) The loss compensation therefore constitutes aid under Article 87(1) of the EC Treaty and Article 1(1) of Regulation (EC) No 1540/98. In view of the lack of a restructuring plan providing for a capacity reduction and the fact that the operating aid ceiling authorised by the Commission has been exceeded, the aid measures in question are incompatible with the common market pursuant to both Directive 90/684/EC and Regulation (EC) No 1540/98.
VI. CONCLUSIONS
(36) The Commission concludes that Italy unlawfully granted guarantees for the construction of vessels ordered by Corsica Ferries, Pugliola, Tirrenia and Stolt Nielsen and covered losses incurred by Inma in 1997 and 1998, contrary to Article 88(3) of the Treaty. The guarantees granted in respect of the construction of the ships should not, in accordance with Article 4(4) of Directive 90/684/EC and Article 3(1) of Regulation (EC) No 1540/98, have exceeded the ceiling on aid for individual contracts provided for in Article 4(1) of the Directive. The loss compensation constitutes operating aid which, under Article 5 of Directive 90/684/EC, should also be included in the maximum amount. In the absence of a restructuring plan, the operating aid in the form of loss compensation is also incompatible with Article 5 of Regulation (EC) No 1540/98. Nor can it be regarded as rescue aid under the relevant Community guidelines. The aid must therefore be recovered,
HAS ADOPTED THIS DECISION:
Article 1
The State aid in the form of guarantees for the Corsica Fernes, Pugliola, Stolt-Nielsen and Tirrenia orders and the loss compensation totalling ITL 120,4 billion (EUR 62,2 million) granted by Italy through the public holding company Itainvest to the shipyard Inma SpA is incompatible with the common market.
Article 2
1. Italy shall take all the necessary measures to recover from the recipient the aid referred to in Article 1 and unlawfully made available to the recipient.
2. Recovery shall be effected in accordance with the procedures of national law provided that they allow the immediate and effective execution of the decision.
3. The aid to be recovered shall include interest on the date on which it was paid to the recipient until the date of its recovery. Interest shall be calculated on the basis of the reference rate used for calculating the grant-equivalent of regional aid.
Article 3
Italy shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.
Article 4
This Decision is addressed to the Italian Republic.
Done at Brussels, 20 July 1999. | [
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COUNCIL REGULATION (EEC) No 2795/92 of 21 September 1992 amending Regulation (EEC) No 3677/89 in regard to the total alcoholic strength by volume of certain quality wines imported from Hungary
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), and in particular Article 70 (2) thereof,
Having regard to the proposal from the Commission,
Whereas Article 70 (1) (b) of Regulation (EEC) No 822/87 prohibits importation of wine, other than liqueur or sparkling wine, for direct human consumption that has a total alcoholic strength by volume of more than 15 %;
Whereas under Article 70 (2) (a) of Regulation (EEC) No 822/87 the Council, by Regulation (EEC) No 3677/89 of 7 December 1989 on the total alcoholic strength by volume and the total acidity of certain imported quality wines (2), waived this prohibition in the case of certain Hungarian wines; whereas this waiver expires on 31 August 1992; whereas pending the possible conclusion of a wine sector agreement between the Community and Hungary the waiver should be extended for a year from the abovementioned date,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 1 (3) of Regulation (EEC) No 3677/89, '31 August 1992' shall be replaced by '31 August 1993'.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 September 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 September 1992. | [
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Council Regulation (EC) No 2852/2000
of 22 December 2000
imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of polyester staple fibres originating in India and the Republic of Korea
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1) and in particular Article 9 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PROCEDURE
1. Provisional measures
(1) By Commission Regulation (EC) No 1472/2000(2) ("the provisional Regulation") provisional anti-dumping duties were imposed on imports into the Community of polyester staple fibres ("PSF") falling within CN code 5503 20 00 and originating in India and the Republic of Korea.
2. Subsequent procedure
(2) Following the imposition of provisional anti-dumping duties, several parties submitted comments in writing. In accordance with the provisions of Article 6(5) of Council Regulation (EC) No 384/96 ("the basic Regulation"), the parties which so requested were granted an opportunity to be heard. Parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of a definitive anti-dumping duty and the definitive collection, at the level of the definitive duty, of amounts secured by way of provisional duty. They were also granted a period within which to make representations subsequent to this disclosure.
(3) The oral and written comments submitted within the deadlines set for that purpose by the interested parties were considered and, where deemed appropriate, duly taken into account for the definitive findings.
(4) Certain interested parties claimed that the initiation standards applied by the Commission were improper and arbitrary. They further claimed that the initiation of a new proceeding against the Republic of Korea two months after the termination of a previous proceeding (see recital 7 of the provisional Regulation), contradicted the finding in that investigation that there was no likelihood of a recurrence of dumping. In this respect, it should be noted that the finding that there was no likelihood of a recurrence of dumping was based on findings related to a twelve month investigation period ending in September 1997, i.e. two years before the initiation of the current proceeding. In addition, the Commission had examined the new evidence submitted in the complaint of August 1999 and considered this evidence sufficient to initiate the present investigation.
(5) The Commission continued to seek and verify all information deemed necessary for its definitive findings.
B. PRODUCT CONCERNED
(6) A users' association claimed that the Notice of Initiation of the present proceeding did not cover PSF types for non-spinning applications, and that consequently these PSF types should have been excluded from the proceeding.
(7) It should be noted that the Notice of Initiation, as well as the complaint, clearly reproduce the description of the relevant CN code which covers all types of PSF imported from the exporting producers of the countries concerned and produced by the Community industry irrespective of their use. The wording of the description of the relevant CN code was understood correctly by all interested parties to this proceeding except for the users' association mentioned, that repeated a claim that had already been rejected in an earlier investigation on imports of PSF from Australia, Indonesia and Thailand contained in Regulation (EC) No 1522/2000(3).
(8) Some interested parties also argued that, in any event, a differentiation should be made between PSF types used for spinning applications (also called woven, hereafter referred to as PSF-Sp) and PSF used for non-spinning applications (also called non-woven or fibrefill, hereafter referred to as PSF-NW) because of different specific basic physical characteristics, determining the end-use of the product. Accordingly, it was claimed that imported fibres should be subject to neutral laboratory certificates attesting these characteristics. Furthermore, it was alleged that interchangeability, if any, between PSF-Sp and PSF-NW was very limited and only concerned certain types of fibres originally intended for PSF-Sp which might be used as PSF-NW. PSF-NW therefore, if not excluded from investigation, should at least have been examined in a separate proceeding.
(9) Regarding the use of the product concerned, significant overlapping, substitution and competition between different types of PSF was found. The investigation has shown that there is no clear dividing line between the various types which would establish a unique link between physical product characteristics and the use of the product and that, consequently, the available evidence does not allow a product differentiation on this basis. In that respect, it is also underlined that the results of independent laboratory analysis cannot possibly determine definitely the ultimate use of the product. Consequently, the various types of PSF involved should be considered as forming one single product for the purposes of this proceeding.
(10) Based on the foregoing, it is considered that the comments received regarding the definition of the product concerned, are not such as to invalidate the conclusions of recital 18 of the provisional Regulation. Consequently, these conclusions, which are in line with the conclusions reached for the same product in previous investigations, are hereby confirmed.
C. DUMPING
1. India
(11) No claims were made concerning the decision not to sample Indian exporting producers and, therefore, the findings set out in recitals 20 to 25 of the provisional Regulation are hereby confirmed.
1.1. Normal value
(12) Following the adoption of provisional measures, one exporting producer requested that the cost of production of certain second quality product types sold in the domestic market should be adjusted downwards for the ordinary course of trade test. This request cannot be accepted because the company reported identical costs of production for different qualities of each product type in its questionnaire response.
(13) No other claims were made concerning the determination of the normal value. The conclusions set out in recital 46 of the provisional Regulation are hereby confirmed.
1.2. Export price
(14) No claims were made concerning the determination of the export price. The conclusions set out in recital 47 of the provisional Regulation are hereby confirmed.
1.3. Comparison
(15) Following the adoption of provisional measures, one exporting producer argued that the product types sold on the domestic market which were compared to those exported to the Community had different physical and technical characteristics and different end-uses. The company, therefore, requested an adjustment for physical characteristics and submitted new information to support its request. It was found that the new information submitted following the adoption of provisional measures concerned additional product characteristics which had never been requested by the Commission or identified by the company in its questionnaire response. At this stage of the investigation it was not possible to change the basis of product comparison which is set out in the specifications table of the Commission's questionnaire and concerns all cooperating exporting producers. In addition, the new information contradicted that previously received and, therefore, the request for an adjustment for physical characteristics was rejected.
(16) Another exporting producer argued that differences due to the thickness of the fibres, expressed in denier or decitex, should be ignored and that consequently all product types should be treated as one. In this respect, in order to ensure a fair and meaningful comparison between the products sold in the domestic and export markets, products manufactured by all exporting producers are compared on a type-by-type basis as defined in the Commission's questionnaire. Consequently, the argument of limiting the comparison to one product type cannot be accepted.
(17) One exporting producer submitted new information to support a duty drawback claim which had been rejected by the Commission at the provisional stage. This request cannot be accepted since this information, although requested in the questionnaire, had not been submitted in good time and thus could not be verified.
(18) The same exporting producer further argued that since the claim for a duty drawback adjustment had already been proven in the context of a previous proceeding initiated some ten years ago (Council Regulation (EEC) No 54/93(4)), it should not be reinvestigated. In this connection, it should be borne in mind that each anti-dumping proceeding is assessed on its own merits and is examined on the basis of its own factual and legal circumstances which may be different in each proceeding. As indicated in the previous recital, this exporting producer failed to provide evidence capable of supporting its claim in the framework of this investigation. In particular, it was not shown that any duty was borne during the IP by the like product destined for domestic consumption. The claim was therefore rejected.
(19) Within the context of the duty drawback issue, two exporting producers claimed that this adjustment should be granted automatically as soon as duties were refunded on the export side and that the question of whether these duties were incorporated on the domestic side was immaterial. Pursuant to Article 2(10)(b) of the basic Regulation, a duty adjustment is only granted provided two conditions are met cumulatively: first, it must be shown that import charges are borne by the like product and by materials physically incorporated therein when intended for consumption in the exporting country and second, these import charges are refunded or not collected when the product is exported to the Community. If one of the requirements is not fulfilled, the adjustment for duty drawback cannot be granted.
(20) One exporting producer claimed that certain import duties were incorporated in the product sold in the domestic market in excess of the amount granted by the Commission in the provisional findings. This additional claim was examined and it was found that import duties paid for certain materials incorporated in the product sold domestically were indeed in excess of the amount previously established. Therefore, the provisional calculations were revised accordingly.
(21) However, this exporting producer's new claim for a further adjustment on import duties for a material imported and paid for by a related company cannot be accepted since this claim was neither made in good time nor demonstrated to affect price comparability and in addition, the new information submitted in this respect was not verifiable at this stage of the investigation.
(22) One exporting producer claimed that as a result of the Indian Government's policy to encourage the setting up of plants in less developed areas, companies were exempted from the payment of sales tax owed to the government and it requested an adjustment to be granted to that effect. The information submitted shows that all sales invoices concerning products from these exempted factories state that no sales taxes are to be collected by the State and that the buyer is not entitled to claim any drawback, set off or refund of any sales tax. In these circumstances, since no sales tax is paid, no adjustment can be granted. However, in cases where sales invoices concerning products manufactured from other factories included sales taxes collected by the State, it was considered that an adjustment was warranted and the calculations were revised accordingly.
(23) One exporting producer contended that the payment of income tax related only to the profit generated on the domestic and not on the export market, thus affecting price comparability. In this respect, it should be noted that the income tax constitutes a charge levied on the company's profit, if any, and as such it is calculated retroactively at the end of each financial year. It cannot, therefore, be taken into account when the price is established. In addition, the company did not provide any evidence demonstrating that the tax was included in the domestic invoices. This request was therefore rejected.
1.4. Dumping margin
(24) The comparison of the revised, where appropriate, weighted average normal value with the weighted average export price by product type on an ex-factory basis showed the existence of dumping for all investigated exporting producers. Since the level of cooperation was high, the dumping margin for all other companies is set at the level of the highest dumping margin established for a cooperating exporting producer.
(25)
TABLE
2. The Republic of Korea
2.1. Normal value
(26) Following the adoption of provisional measures, three exporting producers argued that the exclusion of "local export" sales from the domestic sales listings used to establish normal value was wrong or unreasonable.
(27) They argued that the exclusion was in contradiction with the provisions of Article 2 of the basic Regulation and with the Commission's normal practice and that it was inconsistent with the approach adopted by other WTO member countries. Two of these exporting producers also argued that the Commission did not explain the legal basis on which these sales were excluded.
(28) The exporting producers further indicated that in previous proceedings concerning the Republic of Korea (e.g. PSF expiry review in Council Regulation (EC) No 1728/1999(5) and stainless steel wires in Council Regulation (EC) No 1600/1999(6) and Commission Decision No 1999/483/EC(7)), the Commission had not objected to the exporting producers' categorisation of "local export" sales within the domestic sales listing and in one cited instance had requested their inclusion in the domestic sales listing.
(29) It is considered that the specific administrative arrangements applicable to the "local export" sales, whereby they were not subject to domestic sales tax, were normally invoiced in USD and paid for by letters of credit and were subject to duty drawback arrangements, evidenced the fact that these sales were made through a specific export oriented sales channel with a particular market situation. The exporting producers concerned specifically identified these sales in their accounting records as being destined for incorporation in products for export. Given their particular market situation, it was concluded that such "local export" sales were not made in the ordinary course of trade and therefore, that their inclusion in the normal value calculations would not permit a proper and fair comparison with the export price in accordance with Article 2 of the basic Regulation. The Commission does not accept that the past practice has been to expressly include such sales in the normal value calculations. Their inclusion in previous proceedings may reflect the fact that they were not specifically identified or that their inclusion was not considered to have a significant impact on the results. In this case however, for the reasons given above, "local export" sales have been excluded from the domestic sales listing used to establish normal value.
(30) One exporting producer argued that certain raw materials were purchased from a related supplier at an arm's length price, and therefore, the Commission was not justified in determining a higher market value purchase price and increasing the cost of production accordingly. They further argued that in any case the adjustment was excessive as it did not take account of technical and price differences between the raw material principally purchased from the related supplier and a similar raw material purchased from other suppliers.
(31) It was found that the relationship with the supplier was such that the exporting producer would be in a position to exercise significant influence on the purchase price. Furthermore, as the average price for the raw material purchased from the related supplier was significantly lower than the average price of the same raw material purchased from unrelated suppliers and as the purchase price appeared to be at a loss for the supplier, the raw material prices were considered to be unreliable transfer prices. In these circumstances, the calculation methodology in determining an arm's length purchase price by increasing the price of the raw materials purchased from the related supplier in proportion to the weighted average difference in purchase price of the raw material which was purchased from the related supplier and from unrelated suppliers has been maintained.
(32) One exporting producer argued that the normal value for one product type should have been based on domestic price rather than constructed value. This argument was accepted as it was found that sales of this product type were made in representative quantities and were nearly all profitable. The calculations were therefore adjusted accordingly.
(33) One exporting producer argued that the Commission incorrectly rejected the net foreign exchange gain included in the selling, general and administrative expenses, used in determining the full cost of production, for use in establishing constructed normal value and in the ordinary course of trade test. It argued further that this should be reconsidered because part of the foreign currency translation gain was realised and furthermore, that a turnover basis was the most appropriate basis for the allocation of the net foreign exchange gain to different markets.
(34) It was found that the exchange gain related mainly to translation gains on the re-statement of long-term foreign currency liabilities, rather than pertaining to production and sales in the ordinary course of trade in the domestic market during the investigation period (1 October 1998 to 30 September 1999 "IP"). Since such exchange gains or losses are not taken into account in anti-dumping investigations, whether realised or not, the argument was rejected.
2.2. Export price
(35) One exporting producer argued that its related company in the Community only had a minor role in the sales process for sales to unrelated customers in the Community and therefore, it was not justifiable to deduct profit in constructing the export price. It also argued that there was no basis for establishing the level of the profit margin used. In accordance with Article 2(9) of the basic Regulation, the items for which adjustment should be made in order to construct the export price include a reasonable margin of profit. It is considered that the profit deducted in order to construct the export price was reasonable, as compared to information available from cooperating independent importers. The claim is, therefore, rejected.
(36) No other claims were made concerning the determination of the export price. Therefore, the conclusions set out in recital 54 of the provisional Regulation are hereby confirmed.
2.3. Comparison
(37) One exporting producer argued that they had mistakenly included the same adjustments, concerning credit costs, in different columns of the export sales listing and therefore, the Commission was double counting the deductions in establishing the export price for a fair comparison with the normal value. The credit costs reported by the company in the response to the questionnaire in relation to the payment terms agreed in each transaction were examined and this claim was accepted where justified.
(38) One exporting producer argued that the basis of the Commission's calculation underestimated the amount of duty drawback, as it was based on duty paid on imports of raw materials physically incorporated in the like product rather than duty drawback received on exports of the product concerned to the Community, during the IP. It argued further that the Commission's calculation was unreasonably based on duty paid during the first eight months of the IP divided by the total import volume for the whole IP. The first argument was rejected as the amount paid during the IP was lower than the amount refunded as provided in Article 2(10)(b) of the basic Regulation. However, as requested by the company, the duty drawback per kilogram was recalculated based on the import volume for the first eight months.
(39) Another exporting producer argued that in calculating the duty drawback allowance per kilogram, the Commission should have divided the total import duties incorporated in purchases of certain imported raw materials by the quantity of imported raw materials only and not by the total quantity of raw materials purchased both locally and imported. It is considered that the duty drawback allowance to be deducted from the normal value should be based on the average duty incorporated in the cost of domestic sales, as the product sold domestically would incorporate raw materials purchased both domestically and imported. This argument is therefore rejected.
(40) Two exporting producers argued that the approach followed by the Commission in rejecting claimed credit cost adjustments under an open account system, because the payments could not be clearly linked to the invoices, was without legal basis. However, it was not possible to verify that payments made under the "open account" system were made in accordance with any agreed payment terms. In these circumstances, there was no reason to assume that contractual payment terms were a factor taken into account in the determination of the prices charged and therefore the claims were rejected.
2.4. Dumping margin
(41) The comparison of the appropriately revised weighted average normal value with the weighted average export price by product type on an ex-factory basis showed the existence of dumping for all investigated exporting producers. Since the level of cooperation was high, the dumping margin for all other companies is set at the level of the highest dumping margin established for a cooperating exporting producer.
(42) Following disclosure of the provisional findings, two exporting producers, Samyang Corporation and SK Chemicals Co. Ltd informed the Commission that they would merge their polyester business activities into one jointly-owned company, i.e. Huvis Corporation. These exporting producers provided additional information with regard to this change of circumstances on request by the Commission and as a result it was decided that a single dumping margin should be definitively established for Huvis Corporation. This dumping margin was therefore established as the weighted average of the revised dumping margins of the two exporting producers concerned. The dumping margin for the related trading company in Korea was set at the same level as for Huvis Corporation.
(43)
TABLE
D. INJURY
1. Procedural issues
(44) It was claimed that by combining both the anti-dumping proceedings concerning the Republic of Korea and India, it was unfair to establish the same IP for the examination of possible injurious dumping caused by imports from these countries. With respect to the latter country, this meant omitting the last three months of 1999 and it was argued that, given the increase in oil prices, this would have an impact on the results of the examination of sales price, cost of production and profitability in the injury investigation.
(45) It should be recalled that, as stated in recital 8 of the provisional Regulation, the combination of the proceedings regarding India and the Republic of Korea was carried out for administrative reasons. The determination of the IP is covered by Article 6(1) of the basic Regulation, which inter alia stipulates that the IP shall normally cover a period of not less than six months immediately prior to the initiation of the proceeding. In the case of India, the initiation of the investigation occurred in December 1999. Thus the period by which the IP could have been shifted was at most two months. It must also be recalled that imports from both countries can be cumulatively assessed since the criteria mentioned in Article 3(4) of the basic Regulation have been met (see recital 65 of the provisional Regulation). Finally, in order to take the underlying concerns into account, the influence of increased cost of raw materials for 1999 were analysed and compared to the IP.
(46) The investigation showed that prices of the main raw material used in PSF production, namely the terephthalic acid (PTA) and the monoethyleneglycol (MEG), increased both in 1999 and during the IP. It also showed that PSF sales prices in the Community in 1999 were 2,6 % higher than during the IP. Notwithstanding these findings, the Community industry was shown to be more profitable during the IP than in 1999.
(47) Some exporting producers claimed that the Commission had not verified the information submitted by the Community industry. In this respect, it is confirmed that substantial parts of the information submitted by the Community industry had already been verified during a related anti-dumping proceeding. All other information received from the Community industry has been examined for accuracy in accordance with Article 6(8) of the basic Regulation.
2. Definition of the Community industry
(48) Recital 63 of the provisional Regulation stated that the two Community producers related to Indonesian exporting producers were not found to be shielded from the effect of dumping, or to be unduly benefiting from dumping practices, or even participating in dumping practices. In this respect some exporting producers claimed that the two companies should be excluded from the assessment of the situation of the Community industry, by reference to other anti-dumping cases, namely magnetic disks in Commission Regulations (EC) No 534/94 and (EC) No 2426/95(8) and microwave ovens in Commission Regulation (EC) No 1645/95(9).
(49) It is to be noted that any exclusion of Community producers from the definition of Community industry may only be warranted on the basis of the facts of each case. In this case no arguments were put forward regarding the facts of the case and no evidence was submitted to substantiate the claim for an exclusion of the two producers. On this basis, the above request is not founded and is therefore rejected.
(50) An additional request was made by some exporting producers to exclude another Community producer from the definition of the Community industry, given its relationship with an importer located outside the Community, although not in one of the countries concerned. It was alleged that the Community producer caused injury to the Community industry by importing PSF from its related importer.
(51) Firstly, the Commission found no evidence of imports of PSF from this importer over the period considered, namely from 1996 up to the IP. In addition, the fact that a Community producer is related to an importer located outside the Community cannot as such be a reason to exclude this producer from the definition of the Community industry. Given that no other arguments were put forward, the definition of the Community industry as contained in recital 60 of the provisional Regulation is confirmed.
3. Imports of PSF into the Community from the countries concerned
3.1. Cumulative assessment of imports
(52) Two Indian exporting producers claimed that a cumulative assessment of imports was unjustified because the growth as well as the absolute volume of Indian imports was insignificant when compared to Korean imports and to the sales volume of the Community industry. Also it was argued that the Indian exporting producers had to be considered as price followers and not as price leaders. Furthermore, on the basis of Eurostat data, Indian imports were lower than stated in the provisional Regulation.
(53) These arguments were analysed in the light of the provisions of Article 3(4) of the basic Regulation. In this respect, it is recalled that the margin of dumping found for India is above the de minimis level. In addition, the volume of imports originating in India is not negligible, being above de minimis level during the IP.
(54) In fact, the growth of imports over the period 1996 up to the IP is even more pronounced for Indian imports (around 600 % increase) than for Korean imports (around 300 % increase). As to the average price level of Indian imports, this was consistently below that of the Korean exporting producers prices and it declined more sharply over the period 1996 up to the IP. This does not suggest a behaviour of price followers. Finally, as concerns the discrepancy between Eurostat figures and the findings of the Commission, the Community institutions have based their findings on verified questionnaire replies given that higher imports were reported than those recorded in the Eurostat statistics. The claims of the Indian exporting producers are therefore rejected.
3.2. Imports from the Republic of Korea
(55) An exporting producer claimed that certain non-dumped imports originating in the Republic of Korea should be excluded from the injury analysis.
(56) In this respect, when the country-wide dumping margin (representing a weighted average margin including all the companies under investigation) has been found to be above the de minimis level, in accordance with Article 9(3) of the basic Regulation, it is the practice of the Commission to assess the effects of the dumped imports on a country-wide level.
3.3. Price undercutting and underselling
(57) An exporting producer claimed that the calculation of injury margins based on families grouping various types of PSF was unjustified, given that further information on the characteristics of individual types of PSF was asked for in the questionnaires. He also claimed that the details of individual transactions were ignored, and that it was wrong to exclude negative undercutting/underselling from the overall result of the calculations.
(58) On reexamination of the differences attributed to characteristics such as length, thickness, elongation, tenacity, crimp, shrinkage, lustre and spin finish, it is concluded that the product types within the defined families were sufficiently comparable. On this basis, it is confirmed that the undercutting and underselling exercises at the level of product families are meaningful. In addition, they provide a representative result in terms of number of transactions as laid down by Article 3(3) of the basic Regulation. Furthermore, it is considered that the information per transaction was indeed taken into account in the price comparison exercises. However, it is confirmed that no compensation was made for the amount which did not undercut/undersell Community industry prices in the final comparison at the level of product families. Since no further arguments were put forward, the above claims were rejected.
(59) An exporting producer requested that an adjustment should be applied to its cif prices in the undercutting and underselling calculations because such adjustment was indicated in the complaint.
(60) In this respect, it should be recalled that the Commission collected information by means of questionnaires and verified it by means of on-site inspection and it did not base itself on the figures mentioned in the complaint.
However, it was found that the customs duty was erroneously omitted in the underselling calculations regarding two Indian exporting producers. At the same time a request for changing the weighing method and a specific level of trade adjustment were also accepted. Consequently, the underselling margins for the two Indian exporting producers were revised accordingly.
(61) The results of the undercutting calculations, taking into account the lowered undercutting found for another Indian exporting producer mentioned in recital 75, range between 0 % and 27,7 % for India and remain between 14,8 % and 56,7 % for the Republic of Korea. The weighted average undercutting margin was 19,9 % for India and 23,3 % for the Republic of Korea.
4. Economic situation of the Community industry
4.1. General
(62) It was claimed by some exporting producers that, pursuant to the provisions of Article 3.4 of the WTO Anti-Dumping Agreement, the examination of the economic situation of the Community industry required an assessment of all relevant economic factors and indices having a bearing on the state of that industry.
(63) This examination would include factors not commented upon in the provisional Regulation such as the impact of the magnitude of the margin of dumping, productivity, return on investment, cash flow, wages, growth and the ability to raise capital. In this respect, the following has been found.
4.1.1. The impact of the magnitude of the margin of dumping
(64) As concerns the impact on the Community industry of the magnitude of the actual margin of dumping, given the volume and the prices of the imports from the countries concerned, this impact cannot be considered to be negligible.
4.1.2. Productivity
(65) The productivity of the Community industry, calculated as the production of the product concerned per employee, shows an improvement from 92,1 tonnes in 1996 to 127,1 tonnes during the IP (+38 %). This improvement is mainly a consequence of the decline in employment described in recital 85 of the provisional Regulation.
4.1.3. Return on investment
(66) Return on investment was calculated by relating the net profit before taxes and extra-ordinary items to the net book-value of investments related to the product concerned. The return on investment for the product concerned increased from 4,6 % in 1996 to 16,7 % in 1997 and 25,7 % in 1998. Subsequently, it fell back to 5,5 % during the IP. The evolution of this indicator is similar to the evolution of profitability described in recitals 81 to 83 of the provisional Regulation.
4.1.4. Cash flow
(67) The cash flow of the Community industry for the product concerned increased considerably from 1996 to 1997 (+84 %) and from 1997 to 1998 (+28 %) as a consequence of the good results of these two years. From 1998 to the IP, cash flow dropped by 60 % to arrive at a level that was 6 % lower than in 1996. The improvement of cash flow in 1997 and 1998 is less pronounced than that of profitability. Moreover, for the IP, the cash flow is lower than in 1996, whereas net profit and profitability are higher.
4.1.5. Wages
(68) Wages form a part of the analysis of the cost of production as described in recitals 79 and 80 of the provisional Regulation. The Community industry's wages increased by 10 % from 1996 to 1997, but significantly decreased from 1997 to 1998 and the IP, where the absolute level of wages was 24 % and 23 % respectively lower than in 1996.
4.1.6. Growth
(69) The growth of the market of the product concerned was commented upon in recital 64 of the provisional Regulation. The (negative) growth of the market share of the Community industry was mentioned in recital 76 of the provisional Regulation.
4.1.7. Ability to raise capital
(70) As far as the ability to raise capital is concerned, present cash flow is on average considered as being still sufficient to make the necessary replacement investments. The depressed situation of the market however has negatively affected the ability of the Community industry to attract additional external funding in the form of bank loans or increased involvement of shareholders for the initiation of new projects. Especially when other products are manufactured, the comparison of return on investment of PSF with that of those other products is unfavourable, causing difficulties in allocating budgets to the product concerned.
4.1.8. Conclusion
(71) It is considered that in the provisional Regulation, all factors and indices which were decisive for a meaningful analysis of the state of the Community industry were analysed. The description of the indicators not commented upon in the Provisional Regulation as presented under recitals 65 to 70 here above, indeed reinforces the conclusions mentioned in the provisional Regulation.
4.1.9. Stocks
(72) An exporting producer argued that the comparison made by the Commission in recital 77 of the provisional Regulation concerning the level of stocks at the end of 1998 and at the end of 1999 was irregular and in contravention of the basic Regulation. It was claimed that comparing the stocks at the end of the month of September (1999) with those at year-end (1998) was the only valid, unbiased and objective method to analyse the evolution of PSF stocks.
(73) In this respect, attention is drawn to the seasonal nature of stockbuilding in the PSF industry. Indeed, stock levels fluctuate during the calendar year and, consequently, a comparison of stock levels between 1998 and the IP only makes sense if corresponding points in time during the year are considered. Therefore, the stock level at the end of 1998 (31 December) cannot be compared to the one at the end of the IP (30 September).
4.2. Cost of production
(74) An exporting producer submitted that the cost of production for one Community industry producer was too high in comparison with the other producers in order to be used in determining the underselling margin.
(75) The costs attributed to the product concerned by each company were verified by the Commission. As a result, no reasons were found to exclude any company from the underselling calculation on the basis of the absolute level of its cost of production.
(76) Another exporting producer claimed that a producer that produces PSF from dimethyl terephthalate (DMT) and MEG instead of PTA and MEG should be excluded because this allegedly does not represent the cheapest production method.
(77) On the basis of the reasoning set out in recital 75, neither the production process as such nor the cost of production pertaining to it can constitute criteria on the basis of which companies should be eliminated from the scope of the investigation.
4.3. Conclusion
(78) Based on the foregoing, it is considered that the above arguments and claims are not such as to change the findings made in the provisional Regulation. Consequently, the contents of recitals 86 to 90 of the provisional Regulation and the conclusion that the Community industry suffered material injury during the IP are hereby confirmed.
E. CAUSATION
1. Effect of dumped imports
(79) An exporting producer claimed that the only factor that explained the low profitability of the Community industry during the IP was raw material prices and not the effect of dumped imports. It was also claimed that the improvement in the Community industry's profitability from 2,30 % to 3,38 % over the period 1996 to the IP excluded injury caused by dumped imports over this period.
(80) It is to be noted that the presence of dumped imports exercised a downward pressure on the sales prices prevailing in the Community market, thereby prohibiting sales prices to correctly reflect increases in raw material prices.
(81) As to the low increase in profitability from 1996 to the IP, the investigation has shown that the improvement of profitability was mainly the result of the restructuring process undertaken by the Community industry. This also included the reduction in selling, general and administrative costs.
(82) As indicated in recital 87 of the provisional Regulation regarding the conclusions on the economic situation of the Community industry, the low profitability achieved by the industry could not be considered satisfactory. On the contrary, it must be considered to be unduly low as a consequence of the price-suppressive effects of the dumped imports. Additional negative indicators were the decrease in sales volume, the loss of market share, the reduction of production capacity and employment, and the increase of stock levels.
(83) Based on the foregoing the conclusion as set out in recital 87 of the provisional Regulation is hereby confirmed.
(84) It was further claimed by an exporting producer that any injury suffered by the Community industry could not have been caused by imports from the Republic of Korea given that anti-dumping measures were already in place for most of the period from January 1996 to the end of the IP. Definitive anti-dumping measures imposed on imports of PSF originating in the Republic of Korea were repealed in August 1999 by Regulation (EC) No 1728/99(10).
(85) It must be recalled that the measures imposed on imports of PSF originating in the Republic of Korea were repealed because it was considered there was no likelihood of recurrence of dumping following the findings of an expiry review, the investigation period of which covered from 1 January 1996 to 30 September 1997. During the IP of the current proceeding however, dumping was established and the above argument is therefore not valid.
2. Other imports
(86) An exporting producer claimed that the Commission should also have examined possible effects of imports from Poland, Turkey and the Czech Republic.
(87) On the basis of Eurostat information it was determined that the price levels at which these imports entered the Community were significantly higher than the import prices of the countries under investigation (from 12,3 % to 30,5 % during the IP). Consequently there was no reason to classify these imports within the same import price range as the one for the countries under investigation nor to consider that any injury which may have been caused by them was such as to break the causal link between the injury found to be suffered and the dumping by exporting producers in the countries concerned.
3. Conclusion
(88) Given the above, the conclusion that the dumped imports have caused material injury to the Community industry, as stated in recital 102 of the provisional Regulation, is hereby confirmed.
F. COMMUNITY INTEREST
1. Interest of the Community industry
(89) Since no comments were received in this respect, the findings on the interest of the Community industry cited in recitals 104 to 106 of the provisional Regulation are hereby confirmed.
2. Impact on importers and users
(90) It was claimed by a users' association and also, separately, by a user, member of this association, that certain PSF types were not on offer from Community producers and that consequently, users were forced to source outside the Community. Another user claimed that the Community producers could not satisfy the Community demand.
(91) The investigation has established that although certain types of PSF were not produced by the Community industry during certain periods, this does not mean that the Community industry would not be in a position to produce those types. Indeed, only small adaptations, such as changing of a spinerette and omission or addition of an additive, requiring low investment, would be needed. Rather, at particular moments in time, certain PSF types were not available because the Community producers could not deliver the quantities involved at the depressed price levels which users were willing to pay.
(92) As concerns Community consumption, given the level of the duties proposed, imports from the countries concerned will continue to be able to enter the Community market albeit at non-dumped prices. As concerns the prices of the Community industry, although these are likely to increase, this increase should be limited given that imports from other third countries also exist. In view of the above the impact of the anti-dumping measures will not endanger sufficient choice and supply to the Community users.
(93) Clarification has been requested for recital 109 of the provisional Regulation, mentioning that the proposed measures may have the impact of increasing the cost of production of users by 0,6 % to 1,2 %.
(94) On the basis of information received by the few cooperating Community users, it was found that the impact of anti-dumping measures on PSF originating in India and the Republic of Korea on their cost of production would range from 0,6 % to 1,2 %. This finding was arrived at by taking into account the importance of PSF in the cost of production of these users' finished products, the average anti-dumping duty provisionally imposed on imports from the Republic of Korea and India and the market share of Korean and Indian imports compared to Community consumption during the IP.
(95) It is clear that the situation in which a particular user finds itself is dependent on the degree to which it imports from the countries and exporting producers concerned, and on its own cost structure. The average impact quoted therefore depicts a company with a representative average behaviour of alternative sourcing, of which the Republic of Korea and India account for 14,7 %.
(96) Following the publication of the Provisional Regulation, a number of Community users claimed that the imposition of anti-dumping duties would have negative effects on their competitiveness in the downstream products' markets and would ultimately endanger their survival. In their opinion, the imposition of anti-dumping duties would trigger price increases which users would need to reflect in their downstream products' prices. This development would in turn cause an increase in imports of lower-priced downstream products from other third countries and from the countries concerned by this investigation and would oblige certain Community producers of downstream end-products incorporating PSF to relocate their production outside the Community.
(97) However, the analysis of the maximum average impact of the proposed measures on users indicates that the imposition of anti-dumping measures is not likely to cause a significant increase in the import of cheap downstream products into the Community. This conclusion is also reached in the absence of any evidence from the users concerned substantiating their claim, and indeed such effects were not in evidence during the period of validity of past measures concerning PSF. Moreover, it should be noted that woven finished products (such as used in clothing and household furniture) fall under the quantitative restrictions of the textiles quota system.
(98) As the examination of the above arguments submitted by the user companies does not lead to new conclusions, the considerations of recitals 109 and 111 of the provisional Regulation on the likely impact of the proposed measures on the users is hereby confirmed.
3. Conclusion
(99) The new arguments received regarding the determination of the Community interest, are not considered to be such as to reverse the conclusion that no compelling reasons exist against the imposition of anti-dumping measures. The provisional findings are therefore confirmed.
G. DEFINITIVE DUTY
(100) In view of the conclusions reached regarding dumping, injury, causation and Community interest, it is considered that definitive anti-dumping measures should be imposed in order to prevent further injury being caused to the Community industry by dumped imports from India and the Republic of Korea.
1. Injury elimination level
(101) As explained in recital 116 of the provisional Regulation, a non-injurious level of prices was determined which would cover the Community industry's full cost of production and a reasonable profit which would be obtained in the absence of dumped imports from the countries concerned.
(102) Some exporting producers argued that 6 % should be used as a reasonable profit, referring to cases on PSF and polyester textured filament yarn (PTY) preceding the investigation against Australia et al. However, in this latter proceeding, the reasonable profit had been determined at a level of 10 %, as was also the case for the current investigation. Other exporting producers argued that the reasonable profit should even be lower, such as 4 %, since the overall profitability of the Community industry was better now than at the time of those former proceedings relating to Belarus in Regulation (EC) No 1490/96(11) and Indonesia in Regulation (EC) No 2160/96(12).
(103) It should be noted that the Commission indicated in recital 116 of the provisional Regulation that a margin of 10 % should be considered as the level of profit that could have been achieved in the absence of dumped imports.
(104) The level of profit that is considered reasonable is determined on the basis of what the Community industry would be likely to obtain in the absence of injurious dumping. As the IP of previous investigations were different and the price depressive effects of dumping established in those cases, were of a different order, there is no reason to suppose that the Community industry would have achieved the same level of profit. Consequently, previous levels of profit are not necessarily appropriate in the present case. In this respect, reference is furthermore made to the reasoning as contained in recital 117 of the provisional Regulation.
(105) Consequently, based on the foregoing, the conclusions as contained in recital 117 of the provisional Regulation are hereby confirmed.
2. Form and level of the duty
(106) In accordance with Article 9(4) of the basic Regulation, the following anti-dumping duty rates correspond to the dumping margins when these are found to be lower than the injury margins. This is the case for all but one company.
TABLE
(107) The individual company anti-dumping duty rates were established on the basis of the findings of the present investigation. Therefore, they reflect the situation found during that investigation with respect to these companies. These duty rates (as opposed to the country-wide duty applicable to "all other companies") are thus exclusively applicable to imports of products originating in the country concerned and produced by the companies and thus by the specific legal entities mentioned. Imported products produced by any other company not specifically mentioned in the operative part of any Regulation with its name and address, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to "all other companies".
(108) Any claim requesting the application of these individual company anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission(13) forthwith with all relevant information, in particular any modification in the company's activities linked to production, domestic and export sales associated with e.g. that name change or that change in the production and sales entities. The Commission, if appropriate, will, after consultation of the Advisory Committee, amend any Regulation accordingly by updating the list of companies benefiting from individual duty rates.
H. COLLECTION OF THE PROVISIONAL DUTY
(109) In view of the magnitude of the dumping margins found for the exporting producers, and in light of the seriousness of the injury caused to the Community industry, it is considered necessary that the amounts secured by way of provisional anti-dumping duty under Commission Regulation (EC) No 124/2000(14) be definitively collected to the extent of the amount of definitive duties imposed if this amount is equal or lower than the amount of the provisional duty. Otherwise, only the amount of the provisional duty should be definitively collected. Amounts secured in excess of the rate of the definitive anti-dumping duty shall be released.
(110) Following the merger of the polyester business activities of Samyang Corporation and SK Chemicals Co. Ltd into one jointly owned company i.e. Huvis Corporation, definitive collection of provisionally imposed duties should be made for these companies with reference to the definitively imposed duty for Huvis Corporation.
I. UNDERTAKING
(111) Subsequent to the imposition of provisional anti-dumping measures, one exporting producer in India offered a price undertaking in accordance with Article 8(1) of the basic Regulation.
(112) The Commission considers that the undertaking offered by Reliance Industries Limited can be accepted since it eliminates the injurious effect of the dumping. Moreover, the regular and detailed reports which the company undertook to provide to the Commission will allow effective monitoring and the structure of the company is such that the Commission considers that the risk of circumvention of the undertaking is minimised.
In order to ensure the effective respect and monitoring of the undertaking, when the request for release for free circulation pursuant to the undertaking is presented, exemption from the duty is conditional upon presentation of a commercial invoice containing the information listed in the Annex which is necessary for customs to ascertain that shipments correspond to the commercial document at the required level of detail. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty should be payable.
(113) In the event of a suspected breach, breach or withdrawal of the undertaking an anti-dumping duty may be imposed, pursuant to Articles 8(9) and (10) of the basic Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
1. A definitive anti-dumping duty is hereby imposed on imports of synthetic staple fibres of polyesters, not carded, combed or otherwise processed for spinning, falling within CN code 55032000 and originating in India and the Republic of Korea.
2. The rate of the definitive duty applicable to the net free-at-Community-frontier price, before duty, for products produced by the companies indicated shall be as follows:
TABLE
3. Notwithstanding Article 1(1), the definitive duty shall not apply to imports released for free circulation in accordance with the provisions of Article 2.
4. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
1. Goods produced by the following company and imported in accordance with paragraph 2 shall be exempted from the duty in Article 1:
TABLE
2. Imports declared under TARIC additional code A212 shall be exempt from the anti-dumping duties imposed by Article 1 if they are produced and directly exported (i.e. invoiced and shipped) to a company acting as an importer in the Community by the company mentioned in paragraph 1, provided that the commercial invoice presented to the relevant customs authorities at the same time as the request for free circulation contains the information listed in the Annex.
3. Exemption from the duties shall further be conditional on the goods declared and presented to customs corresponding precisely to the description on the commercial invoice.
Article 3
1. The amounts secured by way of the provisional anti-dumping duty on imports originating in India and the Republic of Korea under Regulation (EC) No 1472/2000 shall be collected at the rate of the duty definitively imposed by this Regulation. Amounts secured in excess of the rate of definitive anti-dumping duty shall be released. In cases where the rate of the definitive duty imposed is higher than the rate of the provisional duty, only the amounts secured at the level of the provisional duty should be definitively collected.
2. With regard to Samyang Corporation and SK Chemicals Co. Ltd, the amounts secured by way of the provisional anti-dumping duty shall be collected at the level of the duty definitively imposed by this Regulation on Huvis Corporation. Amounts secured in excess of the rate of the definitive duty imposed on Huvis Corporation should be released.
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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REGULATION (EC) No 78/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 14 January 2009
on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1)
The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured. To that end a Community type-approval system for motor vehicles is in place. The technical requirements for the type-approval of motor vehicles with regard to pedestrian protection should be harmonised to avoid the adoption of requirements that differ from one Member State to another and to ensure the proper functioning of the internal market.
(2)
This Regulation is one of the separate regulatory acts in the context of the Community type-approval procedure under Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (3). In order to achieve the aims set out in recital 1 of this Regulation, Annexes I, III, IV, VI and XI to Directive 2007/46/EC should be amended.
(3)
Experience has shown that legislation concerning motor vehicles has often been of a highly detailed technical content. It is therefore appropriate to adopt a regulation instead of a directive in order to avoid discrepancies between transposing measures and an unnecessary level of legislation in the Member States, as there will be no need for transposition into national legislation. Therefore, Directive 2003/102/EC of the European Parliament and of the Council of 17 November 2003 relating to the protection of pedestrians and other vulnerable road users before and in the event of a collision with a motor vehicle (4) and Directive 2005/66/EC of the European Parliament and of the Council of 26 October 2005 relating to the use of frontal protection systems on motor vehicles (5) which provides requirements for the installation and use of frontal protection systems on vehicles and thus a level of protection for pedestrians, should be replaced by this Regulation in order to ensure consistency in this area. This implies that Member States repeal the transposing legislation of the repealed Directives.
(4)
The requirements for the second phase of implementation of Directive 2003/102/EC have been shown not to be feasible. In this respect, Article 5 of that Directive requested the Commission to submit any proposals necessary to overcome the problems of feasibility of these requirements and possibly make use of active safety systems, whilst ensuring there was no reduction in the safety levels provided to the vulnerable road user.
(5)
A study commissioned by the Commission shows that pedestrian protection can be significantly improved by a combination of passive and active measures which afford a higher level of protection than the previously existing provisions. In particular, the study shows that the active safety system ‘brake assist’, combined with changes to passive safety requirements, would significantly increase the level of pedestrian protection. Providing for the obligatory installation of brake assist systems in new motor vehicles is therefore appropriate. However, this should not replace, but rather complement, high-level passive safety systems.
(6)
Vehicles equipped with collision avoidance systems may not have to fulfil certain requirements laid down in this Regulation to the extent that they will be able to avoid collisions with pedestrians rather than merely mitigate the effects of such collisions. After assessing whether such technology can effectively avoid collisions with pedestrians and other vulnerable road users, the Commission may present proposals amending this Regulation to allow for the use of collision avoidance systems.
(7)
With the increasing number of heavier vehicles being used on urban roads, it is appropriate that provisions on pedestrian protection apply not only to vehicles of maximum mass not exceeding 2 500 kg, but also, after a limited transitional period, to vehicles of categories M1 and N1 exceeding that limit.
(8)
In order to enhance the protection of pedestrians at the earliest possible stage, manufacturers who wish to apply for a type-approval in compliance with new requirements before they become mandatory should be able to do so under the condition that the necessary implementing measures are already in force.
(9)
The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6).
(10)
In particular, the Commission should be empowered to adopt technical provisions for the application of the test requirements and implementing measures based on the results of monitoring. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
(11)
In order to ensure a smooth transition from the provisions of Directives 2003/102/EC and 2005/66/EC to this Regulation, the application of this Regulation should be deferred by a certain period after its entry into force.
(12)
Since the objective of this Regulation, namely the realisation of the internal market through the introduction of common technical requirements concerning pedestrian protection, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,
HAVE ADOPTED THIS REGULATION:
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter
This Regulation lays down requirements for the construction and functioning of motor vehicles and frontal protection systems in order to reduce the number and severity of injuries to pedestrians and other vulnerable road users who are hit by the fronts of vehicles and in order to avoid such collisions.
Article 2
Scope
1. This Regulation shall apply to the following:
(a)
motor vehicles of category M1 as defined in Article 3(11) of Directive 2007/46/EC and in point 1 of Section A of Annex II thereto, subject to paragraph 2 of this Article;
(b)
motor vehicles of category N1 as defined in Article 3(11) of Directive 2007/46/EC and in point 2 of Section A of Annex II thereto, subject to paragraph 2 of this Article;
(c)
frontal protection systems fitted as original equipment to the vehicles referred to in points (a) and (b) or supplied as separate technical units intended for fitting to such vehicles.
2. Sections 2 and 3 of Annex I to this Regulation shall not apply to:
(a)
vehicles of category N1; and
(b)
vehicles of category M1 derived from N1 and of maximum mass exceeding 2 500 kg;
where the driver position ‘R-point’ is either forward of the front axle or longitudinally rearwards of the front axle transverse centreline by a maximum of 1 100 mm.
Article 3
Definitions
For the purposes of this Regulation:
1.
‘A-pillar’ means the foremost and outermost roof support extending from the chassis to the roof of the vehicle;
2.
‘brake assist system’ means a function of the braking system that deduces an emergency braking event from a characteristic of the driver’s brake demand and, under such conditions:
(a)
assists the driver to deliver the maximum achievable braking rate; or
(b)
is sufficient to cause full cycling of the Anti-lock Braking System;
3.
‘bumper’ means any front, lower, outer structures of a vehicle, including attachments thereto, which are intended to give protection to a vehicle when involved in a low speed frontal collision with another vehicle; it does not include, however, any frontal protection system;
4.
‘frontal protection system’ means a separate structure or structures, such as a bull bar, or a supplementary bumper which, in addition to the original-equipment bumper, is intended to protect the external surface of the vehicle from damage in the event of a collision with an object, with the exception of structures having a mass of less than 0,5 kg, intended to protect only the vehicle’s lights;
5.
‘maximum mass’ means the technically permissible maximum laden mass stated by the manufacturer pursuant to point 2.8 of Annex I to Directive 2007/46/EC;
6.
‘vehicles of category N1’ derived from M1’ means those vehicles of N1 category which, forward of the A-pillars, have the same general structure and shape as a pre-existing M1 category vehicle;
7.
‘vehicles of category M1’ derived from N1’ means those vehicles of M1 category which, forward of the A-pillars, have the same general structure and shape as a pre-existing N1 category vehicle.
CHAPTER II
OBLIGATIONS OF THE MANUFACTURERS
Article 4
Technical requirements
1. In accordance with Article 9, manufacturers shall ensure that vehicles placed on the market are equipped with a type-approved brake assist system in accordance with the requirements of Section 4 of Annex I and that such vehicles comply with the requirements of Sections 2 or 3 of Annex I.
2. In accordance with Article 10, manufacturers shall ensure that frontal protection systems either fitted as original equipment to vehicles placed on the market or supplied as separate technical units comply with the requirements of Sections 5 and 6 of Annex I.
3. Manufacturers shall provide to the approval authorities appropriate data on the specifications and test conditions of the vehicle and frontal protection system. The data shall include information required to check the functioning of any active safety devices installed in the vehicle.
4. In the case of frontal protection systems to be supplied as separate technical units, manufacturers shall provide to the approval authorities appropriate data about the systems specifications and test conditions.
5. Frontal protection systems, as separate technical units, shall not be distributed, offered for sale or sold unless accompanied by a list of vehicle types for which the frontal protection system is type-approved, as well as by clear assembly instructions. The assembly instructions shall contain specific installation prescriptions, including fixing modes for the vehicles for which the unit has been approved, to enable the approved components to be mounted on that vehicle in a manner that complies with the relevant provisions of Section 6 of Annex I.
6. The Commission shall adopt implementing measures laying down technical provisions for the application of the requirements set out in Annex I. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2) of Directive 2007/46/EC.
Article 5
Application for EC type-approval
1. The manufacturer shall submit to the approval authority the information document, established in accordance with the model set out in Part 1 of Annex II, when applying for EC type-approval of a type of a vehicle with regard to pedestrian protection.
The manufacturer shall submit to the technical service responsible for conducting the type-approval tests a vehicle which is representative of the vehicle type to be approved.
2. The manufacturer shall submit to the approval authority the information document, established in accordance with the model set out in Part 2 of Annex II, when applying for EC type-approval of a type of a vehicle with regard to it being fitted with a frontal protection system.
The manufacturer shall submit to the technical service responsible for conducting the type-approval tests a vehicle which is representative of the vehicle type to be approved fitted with a frontal protection system. At the request of that technical service, the manufacturer shall also submit specific components or samples of materials used.
3. The manufacturer shall submit to the approval authority the information document, established in accordance with the model set out in Part 3 of Annex II, when applying for EC separate technical unit type-approval of a type of a frontal protection system.
The manufacturer shall submit to the technical service responsible for conducting the type-approval tests one sample of the type of frontal protection system to be approved. Where that technical service considers it necessary, it may request further samples. The sample(s) shall be clearly and indelibly marked with the applicant's trade name or mark and the type designation. The manufacturer shall make provision for the subsequent compulsory display of the EC type-approval mark.
CHAPTER III
OBLIGATIONS OF THE AUTHORITIES OF THE MEMBER STATES
Article 6
Granting of EC type-approval
1. If the relevant requirements are met, the approval authority shall grant EC type-approval and issue a type-approval number in accordance with the numbering system set out in Annex VII to Directive 2007/46/EC.
2. For the purposes of Section 3 of that type-approval number, one of the following letters shall be used:
(a)
for the approval of vehicles with regard to pedestrian protection:
-
‘A’ if the vehicle complies with Section 2 of Annex I,
-
‘B’ if the vehicle complies with Section 3 of Annex I;
(b)
for the approval of a vehicle with regard to it being fitted with a frontal protection system or the approval of a frontal protection system to be supplied as a separate technical unit:
-
‘A’ if the frontal protection system complies with Section 5 of Annex I with respect to the application of points 5.1.1.1, 5.1.2.1, 5.2 and 5.3 thereof,
-
‘B’ if the frontal protection system complies with Section 5 of Annex I with respect to the application of points 5.1.1.2, 5.1.2.1, 5.2 and 5.3 thereof,
-
‘X’ if the frontal protection system complies with Section 5 of Annex I with respect to the application of points 5.1.1.3, 5.1.2.2, 5.2 and 5.3 thereof.
3. An approval authority shall not assign the same number to another type of vehicle or type of frontal protection system.
4. For the purposes of paragraph 1, the approval authority shall deliver the EC type-approval certificate established in accordance with the following:
(a)
the model set out in Part 1 of Annex III for a type of a vehicle with regard to pedestrian protection;
(b)
the model set out in Part 2 of Annex III for a type of a vehicle with regard to it being fitted with a frontal protection system;
(c)
the model set out in Part 3 of Annex III for a type of a frontal protection system to be supplied as a separate technical unit.
Article 7
EC type-approval mark
Every frontal protection system approved in accordance with this Regulation under the type-approval of a vehicle with regard to it being fitted with a frontal protection system, or the type-approval of a frontal protection system to be supplied as a separate technical unit, shall comply with the requirements of this Regulation and shall be granted, and consequently bear, an EC type-approval mark established in accordance with the provisions set out in Annex IV.
Article 8
Modification of the type and amendments to approvals
Any modification of the vehicle forward of the A-pillars or of the frontal protection system which affects either the structure, the main dimensions, the materials of the outer surfaces of the vehicle, the fixing methods or the external or internal component arrangement, and which may have a significant influence on the results of the tests, shall be regarded as an amendment pursuant to Article 13 of Directive 2007/46/EC and thus require a new application for type-approval.
Article 9
Timetable for application to vehicles
1. With effect from the date set out in the second paragraph of Article 16, national authorities shall refuse, on grounds relating to pedestrian protection, to grant EC type-approval or national type-approval, in respect of the following new vehicle types:
(a)
category M1 which do not comply with the technical provisions set out in Section 4 of Annex I;
(b)
category M1 of maximum mass not exceeding 2 500 kg which do not comply with the technical provisions set out in Section 2 or Section 3 of Annex I;
(c)
category N1 derived from M1 and of maximum mass not exceeding 2 500 kg which do not comply with the technical provisions set out in Sections 2 and 4 or Sections 3 and 4 of Annex I.
2. With effect from 24 February 2011, national authorities shall, on grounds relating to pedestrian protection, consider the certificates of conformity to be no longer valid for the purposes of Article 26 of Directive 2007/46/EC, and shall prohibit the registration, sale and entry into service of the following new vehicles which do not comply with the technical provisions set out in Section 4 of Annex I to this Regulation:
(a)
vehicles of category M1;
(b)
vehicles of category N1 derived from M1 and of maximum mass not exceeding 2 500 kg.
3. With effect from 24 February 2013, national authorities shall refuse, on grounds relating to pedestrian protection, to grant EC type-approval or national type-approval, in respect of the following new vehicle types:
(a)
category M1 of maximum mass not exceeding 2 500 kg which do not comply with the technical provisions set out in Section 3 of Annex I;
(b)
category N1 derived from M1 and of maximum mass not exceeding 2 500 kg which do not comply with the technical provisions set out in Section 3 of Annex I.
4. With effect from 31 December 2012, national authorities shall, on grounds relating to pedestrian protection, consider the certificates of conformity to be no longer valid for the purposes of Article 26 of Directive 2007/46/EC, and shall prohibit the registration, sale and entry into service of the following new vehicles which do not comply with the technical provisions set out in Section 2 or Section 3 of Annex I to this Regulation:
(a)
vehicles of category M1 of maximum mass not exceeding 2 500 kg;
(b)
vehicles of category N1 derived from M1, and of maximum mass not exceeding 2 500 kg.
5. With effect from 24 February 2015, national authorities shall refuse, on grounds relating to pedestrian protection, to grant EC type-approval or national type-approval in respect of the following new vehicle types:
(a)
category M1 of maximum mass exceeding 2 500 kg which do not comply with the technical provisions set out in Section 3 of Annex I;
(b)
category N1 which do not comply with the technical provisions set out in Sections 3 and 4 of Annex I.
6. With effect from 24 August 2015, national authorities shall, on grounds relating to pedestrian protection, consider the certificates of conformity to be no longer valid for the purposes of Article 26 of Directive 2007/46/EC, and shall prohibit the registration, sale and entry into service of new category N1 vehicles which do not comply with the technical provisions set out in Section 4 of Annex I to this Regulation.
7. With effect from 24 February 2018, national authorities shall, on grounds relating to pedestrian protection, consider the certificates of conformity to be no longer valid for the purposes of Article 26 of Directive 2007/46/EC, and shall prohibit the registration, sale and entry into service of the following new vehicles:
(a)
category M1 of maximum mass not exceeding 2 500 kg, which do not comply with the technical provisions set out in Section 3 of Annex I to this Regulation;
(b)
category N1 derived from M1, and of maximum mass not exceeding 2 500 kg, which do not comply with the technical provisions set out in Section 3 of Annex I to this Regulation.
8. With effect from 24 August 2019, national authorities shall, on grounds relating to pedestrian protection, consider the certificates of conformity to be no longer valid for the purposes of Article 26 of Directive 2007/46/EC, and shall prohibit the registration, sale and entry into service of the following new vehicles:
(a)
category M1 of maximum mass exceeding 2 500 kg, which do not comply with the technical provisions set out in Section 3 of Annex I to this Regulation;
(b)
category N1 which do not comply with the technical provisions set out in Section 3 of Annex I to this Regulation.
9. Without prejudice to paragraphs 1 to 8 of this Article and subject to the entry into force of the measures adopted pursuant to Article 4(6), if a manufacturer so requests, the national authorities shall not, on grounds relating to pedestrian protection, refuse to grant EC type-approval or national type-approval for a new type of vehicle or prohibit the registration, sale or entry into service of a new vehicle, where the vehicle concerned complies with the technical provisions set out in Sections 3 or 4 of Annex I.
Article 10
Application to frontal protection systems
1. National authorities shall refuse to grant EC type-approval or national type-approval of a new type of vehicle with regard to it being fitted with a frontal protection system, or EC separate technical unit type-approval of a new type of frontal protection system, which does not comply with the requirements laid down in Sections 5 and 6 of Annex I.
2. National authorities shall, on grounds relating to frontal protection systems, consider the certificates of conformity to be no longer valid for the purposes of Article 26 of Directive 2007/46/EC and shall prohibit the registration, sale and entry into service of new vehicles which do not comply with the requirements laid down in Sections 5 and 6 of Annex I to this Regulation.
3. The requirements set out in Sections 5 and 6 of Annex I to this Regulation shall apply to frontal protection systems supplied as separate technical units for the purposes of Article 28 of Directive 2007/46/EC.
Article 11
Collision avoidance systems
1. Upon assessment by the Commission, vehicles equipped with collision avoidance systems may not have to fulfil the test requirements laid down in Sections 2 and 3 of Annex I in order to be granted an EC type-approval or a national type-approval for a type of a vehicle with regard to pedestrian protection, or to be sold, registered or to enter into service.
2. The Commission shall present the assessment to the European Parliament and to the Council, accompanied by proposals amending this Regulation if appropriate.
Any measures proposed shall ensure levels of protection which are at least equivalent, in terms of actual effectiveness, to those provided by Sections 2 and 3 of Annex I.
Article 12
Monitoring
1. The national authorities shall provide the Commission with the results of the monitoring referred to in points 2.2, 2.4 and 3.2 of Annex I on a yearly basis and at the latest by 28 February of the year following that of their acquisition.
The requirement to provide those results shall cease to apply from 24 February 2014.
2. The Commission may, on the basis of the results of the monitoring completed under points 2.2, 2.4 and 3.2 of Annex I, adopt implementing measures as appropriate.
Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2) of Directive 2007/46/EC.
3. The Commission, acting on the basis of relevant information communicated by the approval authorities and interested parties as well as on the basis of independent studies, shall monitor the technical developments in the field of enhanced passive safety requirements, brake assist and other active safety technologies which may provide improved protection to vulnerable road users.
4. By 24 February 2014, the Commission shall review the feasibility and application of any such enhanced passive safety requirements. It shall review the functioning of this Regulation with regard to the use and effectiveness of brake assist and other active safety technologies.
5. The Commission shall submit a report to the European Parliament and the Council, accompanied by proposals on the subject as appropriate.
Article 13
Penalties
1. Member States shall lay down the provisions on penalties applicable for infringement by manufacturers of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 24 August 2010 and shall notify it without delay of any subsequent amendment affecting them.
2. The types of infringements which are subject to a penalty shall include at least the following:
(a)
making false declarations during the approval procedures or procedures leading to a recall;
(b)
falsifying test results for type-approval;
(c)
withholding data or technical specifications which could lead to recall or withdrawal of type-approval;
(d)
refusal to provide access to information.
CHAPTER IV
TRANSITIONAL AND FINAL PROVISIONS
Article 14
Amendments to Directive 2007/46/EC
Directive 2007/46/EC shall be amended in accordance with Annex V to this Regulation.
Article 15
Repeal
Directives 2003/102/EC and 2005/66/EC shall be repealed with effect from the date set out in the second paragraph of Article 16 of this Regulation.
References to the repealed Directives shall be construed as references to this Regulation.
Article 16
Entry into force
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 24 November 2009 with the exception of Article 4(6) and Article 9(9) which shall apply from the day of entry into force and Article 9(2) to (8) which shall apply from the dates set therein.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Decision
of 7 November 2000
amending for the second time Decision 2000/551/EC on certain protection measures with regard to equidae coming from certain parts of the United States of America affected by West Nile fever
(notified under document number C(2000) 3254)
(Text with EEA relevance)
(2000/713/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), as last amended by Directive 96/43/EC(2), and in particular Article 18(7) thereof,
Whereas:
(1) In certain states of the United States of America cases of West Nile fever, a non-contagious vector-transmitted viral disease accompanied by clinical signs of encephalitis, have been reported in horses.
(2) The Commission therefore adopted Decision 2000/551/EC of 15 September 2000 on certain protection measures with regard to equidae coming from certain parts of the United States of America affected by West Nile Fever(3), as last amended by Decision 2000/695/EC(4).
(3) In order to further adapt the measures to the current epidemiological situation it is necessary to amend Commission Decision 2000/551/EC on certain protection measures with regard to equidae coming from United States of America for the second time.
(4) 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 I to Decision 2000/551/EC is replaced by the Annex to this Decision.
Article 2
Member States shall amend the measures they apply with regard to the United States of America to bring them into line with this Decision.
They shall inform the Commission thereof.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 7 November 2000. | [
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COMMISSION REGULATION (EC) No 1331/2004
of 20 July 2004
amending Regulation (EC) No 1334/2002 laying down detailed rules for the application of Council Regulation (EC) No 1638/98 as regards the work programmes of operators' organisations in the olive sector for the marketing year 2004/2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1638/98 of 20 July 1998 amending Regulation No 136/66/EEC on the establishment of a common organisation of the market in oils and fats (1), and in particular the second indent of the first subparagraph of Article 4a(3) and Article 4a(4) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1334/2002 (2) lays down, for the purposes of Community financing under Article 4a of Regulation (EC) No 1638/98, rules for the 2002/2003 and 2003/2004 marketing years on approval of operators' organisations in the olive sector and on their work programmes.
(2)
Regulation (EC) 865/2004 amends Article 5 of Council Regulation No 136/66/EEC (3) so as to retain for the 2004/2005 marketing year the present olive oil production aid, from which the deduction is made that provides the Community funding for the work programmes of the operators' organisations. The period of validity of the above rules should therefore be extended to the 2004/2005 marketing year.
(3)
Regulation (EC) No 1334/2002 should be amended accordingly.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1334/2002 is hereby amended as follows:
1.
the title is replaced by the following:
2.
Article 1(1) is replaced by the following:
‘1. This Regulation lays down for the marketing years 2002/2003, 2003/2004 and 2004/2005 detailed rules for the application of Article 4a(1) of Regulation (EC) No 1638/98 as regards approval of producer organisations and associations of these, interbranch organisations and other operators' organisations in the olive oil and table olive sectors, as mentioned in that paragraph, and of the work programmes of these organisations.’
3.
Article 3(1) is replaced by the following:
‘1. For the purposes of approval for all the period covered by this Regulation, operators' organisations in the olive sector must lodge, by a date to be determined by the Member State but no later than 31 May 2003, an application demonstrating that they meet the conditions laid down in Article 2. However, for the purposes of approval for the marketing year 2004/2005 only, the date to be set by the Member State as the deadline for lodging the application shall be no later than 30 September 2004.’;
4.
Article 5 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. The work programmes eligible for Community funding under Article 4a(1) of Regulation (EC) No 1638/98 shall consist of activities as indicated in Article 4 above and shall be carried out in the case of programmes for the marketing years 2002/2003 and 2003/2004 between 1 November 2002 and 31 October 2004, and in that of programmes for the marketing year 2004/2005 between 1 November 2004 and 31 October 2005.’;
(b)
the first subparagraph of paragraph 2 is replaced by the following:
‘Any operators' organisation that has been approved under this Regulation or has lodged an application for approval may lodge, by a date to be set by the Member State that shall be no later than 31 May 2003 for work programmes for the marketing years 2002/2003 and 2003/2004 and 30 September 2004 for work programmes for the marketing year 2004/2005, an application for Community funding for one single work programme per period.’;
5.
The first subparagraph of Article 6(3) is replaced by the following:
‘By 31 July 2003 for work programmes for the marketing years 2002/2003 and 2003/2004 and by 31 October 2004 for work programmes for the marketing year 2004/2005, Member States shall approve the work programmes of approved organisations to which they have granted the corresponding national funding. The Member States shall inform the operators' organisations concerned thereof.’;
6.
Article 8 is amended as follows:
(a)
the following subparagraph is added to paragraph 2:
‘In the case of work programmes for the marketing year 2004/2005 Member States shall pay the organisation concerned the entire amount indicated in paragraph 1 during the month following approval of the programme.’;
(b)
paragraph 4 is replaced by the following:
‘4. By a date to be set by the Member State but no later than 31 May 2004 operators' organisations with an approved work programme for the marketing years 2002/2003 and 2003/2004 may lodge an application for release of the security indicated in paragraph 3 up to an amount equal to half the expenditure actually incurred. Member States shall specify the supporting documents that are to accompany the application and check these, and shall release the security corresponding to the expenditure in question no later than in the course of the second month following that in which the application is lodged.’;
7.
Article 9 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. For the purposes of payment of the Community funding under Article 4a of Regulation (EC) No 1638/98, or as appropriate the balance thereof, operators' organisations shall lodge an application with the relevant national authority by a date to be set by the Member State but no later than 31 January 2005 for work programmes for the marketing years 2002/2003 and 2003/2004 and 31 January 2006 for programmes for the marketing year 2004/2005.
If an application is lodged after the above date the Community funding shall be reduced by 1 % per working day late. Applications lodged after 25 February 2005 for work programmes for the marketing years 2002/2003 and 2003/2004 or after 25 February 2006 for work programmes for the marketing year 2004/2005 shall be inadmissible.’;
(b)
paragraph 3 is replaced by the following:
‘3. If for activities completed before 31 October 2004 in the case of a work programme covering the marketing years 2002/2003 and 2003/2004 or before 31 October 2005 in the case of a programme covering the marketing year 2004/2005, payment is made after the end of the month following the respective final date, the Community funding shall be reduced by 1 % per day late for the first 30 days after 30 November and by 2 % per day late thereafter.’;
8.
Article 11 is amended as follows:
(a)
the following subparagraph is added to paragraph 1:
‘Member States shall immediately notify to the Commission all relevant information on the national provisions indicated in the first subparagraph and any modifications thereto.’;
(b)
paragraphs 1a and 2 are replaced by the following:
‘1a. By 28 February 2003 for work programmes for the marketing years 2002/2003 and 2003/2004 and by 28 February 2005 for work programmes for the marketing year 2004/2005, Member States shall inform the Commission of their decision for each marketing year as regards the derogation from Article 20d(1) of Regulation No 136/66/EEC for which Article 3 of Regulation (EC) No 1873/2002 provides.
2. Before 5 September 2003 for work programmes for the marketing years 2002/2003 and 2003/2004 and before 5 December 2004 for work programmes for the marketing year 2004/2005, Member States shall inform the Commission of their decision for each marketing year as regards the derogation from Article 5(9) of Regulation No 136/66/EEC for which Article 3 of Regulation (EC) No 1873/2002 provides.
Before 5 September 2003 for work programmes for the marketing years 2002/2003 and 2003/2004 and before 5 December 2004 for work programmes for the marketing year 2004/2005, Member States shall send the Commission particulars of the operators' organisations and work programmes approved. These shall be broken down by type of organisation as indicated in Article 2 above, by regional area and by volume of aid withheld under Article 4a(1) of Regulation (EC) No 1638/98 for the marketing years concerned, this volume in turn being broken down by area of activity.’;
(c)
the first phrase of paragraph 3 is replaced by the following:
‘By 30 April 2005 for work programmes for the marketing years 2002/2003 and 2003/2004 and by 30 April 2006 for programmes for the marketing year 2004/2005, Member States shall send the Commission a report on action taken under this Regulation covering at least the following:’.
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COMMISSION REGULATION (EEC) No 561/85
of 4 March 1985
establishing ceilings and Community surveillance for imports of carrots and onions, falling within heading No ex 07.01 of the Common Customs Tariff and originating in the African, Caribbean and Pacific States and the overseas countries and territories (1985-A)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 486/85 of 26 February 1985 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States and the overseas countries and territories (1), and in particular Article 13 thereof,
Whereas Article 13 of Regulation (EEC) No 486/85 stipulates that, for the period 1 January to 31 March, carrots, falling within subheading ex 07.01 G II of the Common Customs Tariff, and, for the period 15 February to 15 May, onions, falling within subheading ex 07.01 H of the Common Customs Tariff and originating in the countries in question are subject on importation into the Community to the reduced rates of duty of 10,2 and 4,8 % respectively; whereas such reduction of duties applies only to imports up to ceilings of 500 tonnes for each of these products above which the customs duties actually applicable to third countries are reintroduced; whereas this Regulation enters into force on 1 March 1985; whereas, therefore, the pro rata temporis clause is applicable for the establishment of the levels of the ceilings;
Whereas the application of ceilings requires the Community to be regularly informed of the trend of imports of the relevant products originating in these countries; whereas imports should, therefore, be made subject to a system of surveillance;
Whereas this objective may be achieved by means of an administrative procedure based on offsetting imports of the products in question against the ceilings at Community level as and when these products are entered with customs authorities for free circulation; whereas this administrative procedure must make provision for the possible reintroduction of customs tariff duties as soon as the ceilings are reached at Community level;
Whereas this administrative procedure requires close and particularly swift cooperation between the Member States and the Commission; whereas the latter must, in particular, be able to follow the progress of quantities charged against the ceilings and keep the Member States informed; whereas this cooperation has to be particularly close since the Commission must be able to take the appropriate measures to reintroduce customs tariff duties if one of the ceilings is reached;
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
1. Imports of the products, originating in the African, Caribbean and Pacific States, and the overseas countries and territories, which are listed in the Annex, shall be subject to ceilings and to Community surveillance.
The products referred to in the first subparagraph, their tariff headings, the customs duties applicable, the periods of validity and the levels of the ceilings are set out in the said Annex.
2. Quantities shall be charged against the ceilings as and when products are entered with customs authorities for free circulation, accompanied by a movement certificate.
Products may be charged against a ceiling only if the movement certificate is submitted before the date on which customs duties are reintroduced.
The extent to which a ceiling is used up shall be determined at Community level on the basis of the imports charged against it, as defined in the preceding subparagraphs.
Member States shall inform the Commission, at the intervals and within the time limits specified in paragraph 4, of imports effected in accordance with the above procedures.
3. As soon as a ceiling has been reached, the Commission shall adopt a Regulation reintroducing, until the end of its period of validity, the customs duties applicable to third countries.
In the case of such a reintroduction, Greece introduces the levying of the duties which it applies to third countries at the date in question.
4. Member States shall send the Commission statements of the quantities charged for periods of 10 days, to be forwarded within five clear days of the end of each 10-day period.
Article 2
The Commission shall take all appropriate measures, in close cooperation with the Member States, to ensure the implementation of this Regulation.
Article 3
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 March 1985.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Decision
of 19 December 2003
allowing Member States to extend provisional authorisations granted for the new active substances thiacloprid, thiametoxam, quinoxyfen, flazasulfuron, Spodoptera exigua nuclear polyhedrosis virus, spinosad, Giocladium catenulatum, Pseudomonas chlororaphis and indoxacarb
(notified under document number C(2003) 4851)
(Text with EEA relevance)
(2003/896/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(1), as last amended by Commission Directive 2003/84/EC(2) and in particular the fourth subparagraph of Article 8(1) thereof,
Whereas:
(1) In accordance with Article 6(2) of Directive 91/414/EEC, in September 1998 the United Kingdom received an application from Bayer AG (now Bayer CropScience) for the inclusion of the active thiacloprid in Annex I to Directive 91/414/EEC. Commission Decision 2000/181/EC(3) confirmed that the dossier was complete and could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to the Directive.
(2) The authorities of Spain received a similar application in March 1999 from Novartis Crop Protection AG (now Bayer CropScience) concerning thiametoxam. This dossier was declared complete by Commission Decision 2000/181/EC.
(3) The authorities of the United Kingdom received a similar application in August 1995 from Dow Elanco Europe (now Dow AgroSciences) concerning quinoxyfen. This dossier was declared complete by Commission Decision 96/457/EC(4).
(4) The authorities of Spain received a similar application in December 1996 from ISK Biosciences Europe SA concerning flazasulfuron. This dossier was declared complete by Comission Decision 97/865/EC(5).
(5) The authorities of the Netherlands received a similar application in July 1996 from Biosys concerning Spodoptera exigua nuclear polyhedrosis virus. This dossier was declared complete by Decision 97/865/EC.
(6) The authorities of the Netherlands received a similar application in July 1999 from Dow AgroSciences concerning spinosad. This dossier was declared complete by Decision Commission 2000/210/EC(6).
(7) The authorities of Finland received a similar application in May 1998 from Kemira Agro Oy concerning Gliocladium catenulatum. This dossier was declared complete by Commission Decision 1999/392/EC(7).
(8) The authorities of Sweden received a similar application in December 1994 from Bio Agri AB concerning Pseudomonas chlororaphis. This dossier was declared complete by Commission Decision 97/248/EC(8).
(9) The authorities of the Netherlands received a similar application in October 1997 from Du Pont de Nemours France SA concerning indoxacarb. This dossier was declared complete by Commission Decision 98/398/EC(9).
(10) Confirmation of the completeness of the dossiers was necessary in order to allow them to be examined in detail and to allow Member States the possibility of granting provisional authorisations, for periods up to three years, for plant protection products containing the active substances concerned, while complying with the conditions laid down in Article 8(1) of Directive 91/414/EEC and, in particular, the condition relating to the detailed assessment of the active substance and the plant protection product in the light of the requirements laid down by the Directive.
(11) For these active substances, the effects on human health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the respective applicants. The rapporteur Member States submitted the draft assessment reports to the Commission on 29 November 2000 (thiacloprid), 20 January 2002 (thiametoxam), 11 October 1996 (quinoxyfen), 1 August 1999 (flazasulfuron), 19 November 1999 (Spodoptera exigua nuclear polyhedrosis virus ), 1 February 2001 (spinosad), 16 May 2001 (Gliocladium catenulatum), 7 April 1998 (Pseudomonas chlororaphis) and 7 February 2000 (indoxacarb).
(12) The examination of the dossiers is still ongoing after submission of the draft assessment reports by the respective rapporteur Member States and it will not be possible to complete the evaluation within the timeframe foreseen by Council Directive 91/414/EEC.
(13) As the evaluation so far has not identified any reason for immediate concern, Member States should be given the possibility of prolonging provisional authorisations granted for plant protection products containing the active substances concerned for a period of 24 months in accordance with the provisions of Article 8 of Directive 91/414/EEC so as to enable the examination of the dossiers to continue. It is expected that the evaluation and decision-making process with respect to a decision on possible Annex I inclusion for each of the active substances concerned will have been completed within 24 months.
(14) 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
Member States may extend provisional authorisations for plant protection products containing thiacloprid, thiametoxam, quinoxyfen, flazasulfuron, Spodoptera exigua nuclear polyhedrosis virus, spinosad, Giocladium catenulatum, Pseudomonas chlororaphis or indoxacarb for a period not exceeding 24 months from the date of adoption of this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 19 December 2003. | [
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COMMISSION REGULATION (EC) No 388/1999 of 19 February 1999 amending Regulation (EC) No 1292/98 establishing the forecast supply balance of the Canary Islands for products of the processed fruit and vegetable sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1601/92 of 15 June 1992 concerning specific measures for the Canary Islands with regard to certain agricultural products (1), as last amended by Commission Regulation (EC) No 2348/96 (2), and in particular Article 3(4) thereof,
Whereas Commission Regulation (EC) No 1292/98 (3) establishes the forecast supply balance for processed fruit and vegetables for the Canary Islands for the period 1 July 1998 to 30 June 1999; whereas that balance can be revised; whereas the quantities fixed for certain products are in the process of being completely exhausted; whereas it therefore appears necessary to increase the quantities of certain products for the current marketing year, on the basis of the updated requirements of the Canary Islands;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 1292/98 is hereby 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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION DIRECTIVE 2007/16/EC
of 19 March 2007
implementing Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards the clarification of certain definitions
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (1), and in particular point (a) of Article 53a thereof,
Whereas:
(1)
Directive 85/611/EEC contains several definitions, sometimes interlinked, related to the assets which are eligible for investment by undertakings for collective investment in transferable securities, hereinafter ‘UCITS’, such as a definition of transferable securities and a definition of money market instruments.
(2)
Since the adoption of Directive 85/611/EEC, the variety of financial instruments traded on financial markets has increased considerably, leading to uncertainty in determining whether certain categories of financial instruments are encompassed by those definitions. Uncertainty in applying the definitions gives rise to divergent interpretations of the Directive.
(3)
In order to ensure a uniform application of Directive 85/611/EEC, to help Member States to develop a common understanding as to whether a given asset category is eligible for a UCITS and to ensure that the definitions are understood in a manner consistent with the principles underlying Directive 85/611/EEC, such as those governing risk-diversification and limits to exposure, the ability of the UCITS to redeem its units at the request of the unit-holders and to calculate its net asset value whenever units are issued or redeemed, it is necessary to provide competent authorities and market participants with more certainty in this respect. Greater certainty will also facilitate a better functioning of the notification procedure for the cross-border distribution of UCITS.
(4)
The clarifications provided by this Directive do not of themselves give rise to any new behavioural or operational obligations for competent authorities or market participants. Rather than establishing exhaustive lists of financial instruments and transactions, they elucidate basic criteria as an aid in assessing whether or not a class of financial instrument is covered by the various definitions.
(5)
The eligibility of an asset for a UCITS must be assessed not only with regard to whether it falls within the scope of the definitions as clarified by this text but also with regard to the other requirements of Directive 85/611/EEC. National competent authorities could work together through the Committee of European Securities Regulators (CESR) to develop common approaches on the practical, day-to-day application of those clarifications in the context of their supervisory duties, notably in connection with other requirements of Directive 85/611/EEC such as control or risk management procedures, and to ensure the smooth functioning of the product passport.
(6)
Directive 85/611/EEC defines transferable securities exclusively from a formal/legal point of view. Accordingly the definition of transferable securities is applicable to a wide range of financial products with differing features and different levels of liquidity. For each of those financial products, consistency between the definition of transferable securities and other provisions of the Directive should be ensured.
(7)
Closed end funds constitute an asset class which is not explicitly referred to as an eligible asset for a UCITS under Directive 85/611/EEC. However, the units of closed end funds are often treated as transferable securities and their admission to trading on a regulated market often gives grounds for such a treatment. It is therefore necessary to provide market participants and competent authorities with certainty as to whether units of closed end funds are covered by the definition of transferable securities. National competent authorities could work together through the CESR to develop common approaches as regards the practical, day-to-day application of the criteria applicable to closed end funds, notably in respect of minimum core standards in relation to corporate governance mechanisms.
(8)
Additional legal certainty is also necessary with regard to the categorisation, as transferable securities, of financial instruments which are linked to the performance of other assets, including assets which are not referred to by Directive 85/611/EEC itself, or which are backed by such assets. It should be made clear that if the linkage to the underlying or to another component of the instrument amounts to an element which has to be considered as an embedded derivative, the financial instrument falls in the subcategory of transferable securities embedding a derivative element. This has the consequence that the criteria for derivatives under Directive 85/611/EEC have to be applied in respect of that element.
(9)
In order to be covered by the definition of money market instruments in Directive 85/611/EEC, a financial instrument should fulfil certain criteria, notably it must normally be dealt in on the money market, it must be liquid and it must have a value which can be accurately determined at any time. It is necessary to ensure a uniform application of those criteria taking into account certain market practices. It is also necessary to clarify that the criteria have to be understood in coherence with other principles of Directive 85/611/EEC. The definition of money market instruments should extend to financial instruments which are not admitted to or dealt in on a regulated market and for which Directive 85/611/EEC sets out criteria in addition to the general criteria for money market instruments. It was therefore equally necessary to clarify those criteria in the light of investor protection requirements and taking into account principles of the Directive such as portfolio liquidity, as resulting from Article 37 thereof.
(10)
Under Directive 85/611/EEC financial derivative instruments are to be considered as liquid financial assets if they fulfil the criteria set out in that Directive. It is necessary to ensure a uniform application of those criteria and it is also necessary to make clear that the criteria have to be understood in a way which is consistent with other provisions of the Directive. It should also be made clear that if credit derivatives comply with those criteria, they are financial derivative instruments within the meaning of Directive 85/611/EEC and hence eligible for treatment as liquid financial assets.
(11)
The need for clarification is particularly pressing for derivatives on financial indices. There is currently a wide range of financial indices which function as the underlying for a derivative instrument. These indices may vary as regards their composition or the weighting of their components. In all cases it has to be ensured that the UCITS is able to fulfil its obligations as regards portfolio liquidity, as resulting from Article 37 of Directive 85/611/EEC, and the calculation of the net asset value and that those obligations are not negatively affected by the features of the underlying of a derivative. It should be clarified that derivatives on financial indices whose composition is sufficiently diversified, which represent an adequate benchmark to the market to which they refer and which are subject to appropriate information regarding the index composition and calculation fall under the category of derivatives as liquid financial assets. National competent authorities could work together through the CESR to develop common approaches as regards the practical, day-to-day application of those criteria in respect of indices based on assets which are not individually identified as eligible assets in the Directive.
(12)
Directive 85/611/EEC recognises as a sub-category of transferable securities and money market instruments those which embed a derivative element. Embedding a derivative element into a transferable security or money market instrument does not transform the whole financial instrument into a financial derivative instrument which would fall outside the definitions of transferable security or money market instrument. Therefore, it is necessary to make clear whether a financial derivative can be considered embedded in another instrument. In addition, embedding a derivative into a transferable security or money market instrument entails the risk that the rules for derivatives imposed by Directive 85/611/EEC are bypassed. For that reason, the Directive requires identification of the embedded derivative element and compliance with those rules. Given the level of financial innovation, the identification of an embedded derivative element is not always evident. In order to achieve more certainty in this respect, criteria for identifying such elements should be laid down.
(13)
Pursuant to Directive 85/611/EEC, techniques and instruments relating to transferable securities or money market instruments for the purpose of efficient portfolio management do not fall under the definitions of transferable securities and money market instruments. To clarify the boundaries of those definitions it is necessary to set out criteria to identify the transactions which would fall under those techniques and instruments. It is also necessary to recall that those techniques and instruments have to be understood in coherence with the other obligations of a UCITS, particularly as regards its risk profile. That is to say, they must be consistent with the rules laid down by Directive 85/611/EEC on risk management and on risk diversification, as well as with its restrictions on short sales and borrowing.
(14)
Directive 85/611/EEC sets out criteria to define UCITS which replicate bond or share indices. UCITS which comply with those criteria are subject to a more flexible treatment as regards issuer concentration limits. It is therefore necessary to develop a clear understanding of those criteria and to ensure their uniform application in all Member States. That entails giving further clarification as to whether a UCITS can be considered to be an index-replicating UCITS, and thus more certainty about the conditions which justify the preferential treatment of index-replicating UCITS.
(15)
The Committee of European Securities Regulators has been consulted for technical advice.
(16)
The measures provided for in this Directive are in accordance with the opinion of the European Securities Committee,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Subject matter
This Directive lays down rules clarifying, for the purposes of their uniform application, the following terms:
1.
transferable securities, as defined in Article 1(8) of Directive 85/611/EEC;
2.
money market instruments, as defined in Article 1(9) of Directive 85/611/EEC;
3.
liquid financial assets, as referred to in the definition of UCITS laid down in Article 1(2) of Directive 85/611/EEC, with respect to financial derivative instruments;
4.
transferable securities and money market instruments embedding derivatives, as referred to in the fourth subparagraph of Article 21(3) of Directive 85/611/EEC;
5.
techniques and instruments for the purpose of efficient portfolio management, as referred to in Article 21(2) of Directive 85/611/EEC;
6.
index-replicating UCITS, as referred to in Article 22a(1) of Directive 85/611/EEC.
Article 2
Article 1(8) of Directive 85/611/EEC
Transferable securities
1. The reference in Article 1(8) of Directive 85/611/EEC to transferable securities shall be understood as a reference to financial instruments which fulfil the following criteria:
(a)
the potential loss which the UCITS may incur with respect to holding those instruments is limited to the amount paid for them;
(b)
their liquidity does not compromise the ability of the UCITS to comply with Article 37 of Directive 85/611/EEC;
(c)
reliable valuation is available for them as follows:
(i)
in the case of securities admitted to or dealt in on a regulated market as referred to in points (a) to (d) of Article 19(1) of Directive 85/611/EEC, in the form of accurate, reliable and regular prices which are either market prices or prices made available by valuation systems independent from issuers;
(ii)
in the case of other securities as referred to in Article 19(2) of Directive 85/611/EEC, in the form of a valuation on a periodic basis which is derived from information from the issuer of the security or from competent investment research;
(d)
appropriate information is available for them as follows:
(i)
in the case of securities admitted to or dealt in on a regulated market as referred to in points (a) to (d) of Article 19(1) of Directive 85/611/EEC, in the form of regular, accurate and comprehensive information to the market on the security or, where relevant, on the portfolio of the security;
(ii)
in the case of other securities as referred to in Article 19(2) of Directive 85/611/EEC, in the form of regular and accurate information to the UCITS on the security or, where relevant, on the portfolio of the security;
(e)
they are negotiable;
(f)
their acquisition is consistent with the investment objectives or the investment policy, or both, of the UCITS pursuant to Directive 85/611/EEC;
(g)
their risks are adequately captured by the risk management process of the UCITS.
For the purposes of points (b) and (e) of the first subparagraph, and unless there is information available to the UCITS that would lead to a different determination, financial instruments which are admitted or dealt in on a regulated market in accordance with points (a), (b) or (c) of Article 19(1) of Directive 85/611/EEC shall be presumed not to compromise the ability of the UCITS to comply with Article 37 of Directive 85/611/EEC and shall also be presumed to be negotiable.
2. Transferable securities as referred to in Article 1(8) of Directive 85/611/EEC shall be taken to include the following:
(a)
units in closed end funds constituted as investment companies or as unit trusts which fulfil the following criteria:
(i)
they fulfil the criteria set out in paragraph 1;
(ii)
they are subject to corporate governance mechanisms applied to companies;
(iii)
where asset management activity is carried out by another entity on behalf of the closed end fund, that entity is subject to national regulation for the purpose of investor protection;
(b)
units in closed end funds constituted under the law of contract which fulfil the following criteria:
(i)
they fulfil the criteria set out in paragraph 1;
(ii)
they are subject to corporate governance mechanisms equivalent to those applied to companies as referred to in point (a)(ii);
(iii)
they are managed by an entity which is subject to national regulation for the purpose of investor protection;
(c)
financial instruments which fulfil the following criteria:
(i)
they fulfil the criteria set out in paragraph 1;
(ii)
they are backed by, or linked to the performance of, other assets, which may differ from those referred to in Article 19(1) of Directive 85/611/EEC.
3. Where a financial instrument covered by point (c) of paragraph 2 contains an embedded derivative component as referred to in Article 10 of this Directive, the requirements of Article 21 of Directive 85/611/EEC shall apply to that component.
Article 3
Article 1(9) of Directive 85/611/EEC
Instruments normally dealt in on the money market
1. The reference in Article 1(9) of Directive 85/611/EEC to money market instruments as instruments shall be understood as a reference to the following:
(a)
financial instruments which are admitted to trading or dealt in on a regulated market in accordance with points (a), (b) and (c) of Article 19(1) of Directive 85/611/EEC;
(b)
financial instruments which are not admitted to trading.
2. The reference in Article 1(9) of Directive 85/611/EEC to money market instruments as instruments normally dealt in on the money market shall be understood as a reference to financial instruments which fulfil one of the following criteria:
(a)
they have a maturity at issuance of up to and including 397 days;
(b)
they have a residual maturity of up to and including 397 days;
(c)
they undergo regular yield adjustments in line with money market conditions at least every 397 days;
(d)
their risk profile, including credit and interest rate risks, corresponds to that of financial instruments which have a maturity as referred to in points (a) or (b), or are subject to a yield adjustment as referred to in point (c).
Article 4
Article 1(9) of Directive 85/611/EEC
Liquid instruments with a value which can be accurately determined at any time
1. The reference in Article 1(9) of Directive 85/611/EEC to money market instruments as instruments which are liquid shall be understood as a reference to financial instruments which can be sold at limited cost in an adequately short time frame, taking into account the obligation of the UCITS to repurchase or redeem its units at the request of any unit holder.
2. The reference in Article 1(9) of Directive 85/611/EEC to money market instruments as instruments which have a value which can be accurately determined at any time shall be understood as a reference to financial instruments for which accurate and reliable valuations systems, which fulfil the following criteria, are available:
(a)
they enable the UCITS to calculate a net asset value in accordance with the value at which the financial instrument held in the portfolio could be exchanged between knowledgeable willing parties in an arm’s length transaction;
(b)
they are based either on market data or on valuation models including systems based on amortised costs.
3. The criteria referred to in paragraphs 1 and 2 shall be presumed to be fulfilled in the case of financial instruments which are normally dealt in on the money market for the purposes of Article 1(9) of Directive 85/611/EEC and which are admitted to, or dealt in on, a regulated market in accordance with points (a), (b) or (c) of Article 19(1) thereof, unless there is information available to the UCITS that would lead to a different determination.
Article 5
Article 19(1)(h) of Directive 85/611/EEC
Instruments of which the issue or issuer is regulated for the purpose of protecting investors and savings
1. The reference in Article 19(1)(h) of Directive 85/611/EEC to money market instruments, other than those dealt in on a regulated market, of which the issue or the issuer is itself regulated for the purpose of protecting investors and savings, shall be understood as a reference to financial instruments which fulfil the following criteria:
(a)
they fulfil one of the criteria set out in Article 3(2) and all the criteria set out in Article 4(1) and (2);
(b)
appropriate information is available for them, including information which allows an appropriate assessment of the credit risks related to the investment in such instruments, taking into account paragraphs 2, 3 and 4 of this Article;
(c)
they are freely transferable.
2. For money market instruments covered by the second and the fourth indents of Article 19(1)(h) of Directive 85/611/EEC, or for those which are issued by a local or regional authority of a Member State or by a public international body but are not guaranteed by a Member State or, in the case of a federal State which is a Member State, by one of the members making up the federation, appropriate information as referred to in point (b) of paragraph 1 of this Article shall consist in the following:
(a)
information on both the issue or the issuance programme and the legal and financial situation of the issuer prior to the issue of the money market instrument;
(b)
updates of the information referred to in point (a) on a regular basis and whenever a significant event occurs;
(c)
the information referred to in point (a), verified by appropriately qualified third parties not subject to instructions from the issuer;
(d)
available and reliable statistics on the issue or the issuance programme.
3. For money market instruments covered by the third indent of Article 19(1)(h) of Directive 85/611/EEC, appropriate information as referred to in point (b) of paragraph 1 of this Article shall consist in the following:
(a)
information on the issue or the issuance programme or on the legal and financial situation of the issuer prior to the issue of the money market instrument;
(b)
updates of the information referred to in point (a) on a regular basis and whenever a significant event occurs;
(c)
available and reliable statistics on the issue or the issuance programme or other data enabling an appropriate assessment of the credit risks related to the investment in such instruments.
4. For all money market instruments covered by the first indent of Article 19(1)(h) of Directive 85/611/EEC except those referred to in paragraph 2 of this Article and those issued by the European Central Bank or by a central bank from a Member State, appropriate information as referred to in point (b) of paragraph 1 of this Article shall consist in information on the issue or the issuance programme or on the legal and financial situation of the issuer prior to the issue of the money market instrument.
Article 6
Article 19(1)(h) of Directive 85/611/EEC
Establishment which is subject to and complies with prudential rules considered by the competent authorities to be at least as stringent as those laid down by Community law
The reference in the third indent of Article 19(1)(h) of Directive 85/611/EEC to an establishment which is subject to and complies with prudential rules considered by the competent authorities to be at least as stringent as those laid down by Community law shall be understood as a reference to an issuer which is subject to and complies with prudential rules and fulfils one of the following criteria:
1.
it is located in the European Economic Area;
2.
it is located in the OECD countries belonging to the Group of Ten;
3.
it has at least investment grade rating;
4.
it can be demonstrated on the basis of an in-depth analysis of the issuer that the prudential rules applicable to that issuer are at least as stringent as those laid down by Community law.
Article 7
Article 19(1)(h) of Directive 85/611/EEC
Securitisation vehicles which benefit from a banking liquidity line
1. The reference in the fourth indent of Article 19(1)(h) of Directive 85/611/EEC to securitisation vehicles shall be understood as a reference to structures, whether in corporate, trust or contractual form, set up for the purpose of securitisation operations.
2. The reference in the fourth indent of Article 19(1)(h) of Directive 85/611/EEC to banking liquidity lines shall be understood as a reference to banking facilities secured by a financial institution which itself complies with the third indent of Article 19(1)(h) of Directive 85/611/EEC.
Article 8
Articles 1(2) and 19(1)(g) of Directive 85/611/EEC
Liquid financial assets with respect to financial derivative instruments
1. The reference in Article 1(2) of Directive 85/611/EEC to liquid financial assets shall be understood, with respect to financial derivative instruments, as a reference to financial derivative instruments which fulfil the following criteria:
(a)
their underlyings consist in one or more of the following:
(i)
assets as listed in Article 19(1) of Directive 85/611/EEC including financial instruments having one or several characteristics of those assets;
(ii)
interest rates;
(iii)
foreign exchange rates or currencies;
(iv)
financial indices;
(b)
in the case of OTC derivatives, they comply with the conditions set out in the second and third indents of Article 19(1)(g) of Directive 85/611/EEC.
2. Financial derivative instruments as referred to in Article 19(1)(g) of Directive 85/611/EEC shall be taken to include instruments which fulfil the following criteria:
(a)
they allow the transfer of the credit risk of an asset as referred to in point (a) of paragraph 1 of this Article independently from the other risks associated with that asset;
(b)
they do not result in the delivery or in the transfer, including in the form of cash, of assets other than those referred to in Article 19(1) and (2) of Directive 85/611/EEC;
(c)
they comply with the criteria for OTC-derivatives laid down in the second and third indents of Article 19(1)(g) of Directive 85/611/EEC and in paragraphs 3 and 4 of this Article;
(d)
their risks are adequately captured by the risk management process of the UCITS, and by its internal control mechanisms in the case of risks of asymmetry of information between the UCITS and the counterparty to the credit derivative resulting from potential access of the counterparty to non-public information on firms the assets of which are used as underlyings by credit derivatives.
3. For the purposes of the third indent of Article 19(1)(g) of Directive 85/611/EEC, the reference to fair value shall be understood as a reference to the amount for which an asset could be exchanged, or a liability settled, between knowledgeable, willing parties in an arm’s length transaction.
4. For the purposes of the third indent of Article 19(1)(g) of Directive 85/611/EEC, the reference to reliable and verifiable valuation shall be understood as a reference to a valuation, by the UCITS, corresponding to the fair value as referred to in paragraph 3 of this Article, which does not rely only on market quotations by the counterparty and which fulfils the following criteria:
(a)
the basis for the valuation is either a reliable up-to-date market value of the instrument, or, if such a value is not available, a pricing model using an adequate recognised methodology;
(b)
verification of the valuation is carried out by one of the following:
(i)
an appropriate third party which is independent from the counterparty of the OTC-derivative, at an adequate frequency and in such a way that the UCITS is able to check it;
(ii)
a unit within the UCITS which is independent from the department in charge of managing the assets and which is adequately equipped for such purpose.
5. The reference in Articles 1(2) and 19(1)(g) of Directive 85/611/EEC to liquid financial assets shall be understood as excluding derivatives on commodities.
Article 9
Article 19(1)(g) of Directive 85/611/EEC
Financial indices
1. The reference in point (g) of Article 19(1) of Directive 85/611/EEC to financial indices shall be understood as a reference to indices which fulfil the following criteria:
(a)
they are sufficiently diversified, in that the following criteria are fulfilled:
(i)
the index is composed in such a way that price movements or trading activities regarding one component do not unduly influence the performance of the whole index;
(ii)
where the index is composed of assets referred to in Article 19(1) of Directive 85/611/EEC, its composition is at least diversified in accordance with Article 22a of that Directive;
(iii)
where the index is composed of assets other than those referred to in Article 19(1) of Directive 85/611/EEC, it is diversified in a way which is equivalent to that provided for in Article 22a of that Directive;
(b)
they represent an adequate benchmark for the market to which they refer, in that the following criteria are fulfilled:
(i)
the index measures the performance of a representative group of underlyings in a relevant and appropriate way;
(ii)
the index is revised or rebalanced periodically to ensure that it continues to reflect the markets to which it refers following criteria which are publicly available;
(iii)
the underlyings are sufficiently liquid, which allows users to replicate the index, if necessary;
(c)
they are published in an appropriate manner, in that the following criteria are fulfilled:
(i)
their publication process relies on sound procedures to collect prices and to calculate and to subsequently publish the index value, including pricing procedures for components where a market price is not available;
(ii)
material information on matters such as index calculation, rebalancing methodologies, index changes or any operational difficulties in providing timely or accurate information is provided on a wide and timely basis.
2. Where the composition of assets which are used as underlyings by financial derivatives in accordance with Article 19(1) of Directive 85/611/EEC does not fulfil the criteria set out in paragraph 1 of this Article, those financial derivatives shall, where they comply with the criteria set out in Article 8(1) of this Directive, be regarded as financial derivatives on a combination of the assets referred to in points (i), (ii) and (iii) of Article 8(1)(a).
Article 10
Article 21(3) of Directive 85/611/EEC, fourth subparagraph
Transferable securities and money market instruments embedding derivatives
1. The reference in the fourth subparagraph of Article 21(3) of Directive 85/611/EEC to transferable securities embedding a derivative shall be understood as a reference to financial instruments which fulfil the criteria set out in Article 2(1) of this Directive and which contain a component which fulfils the following criteria:
(a)
by virtue of that component some or all of the cash flows that otherwise would be required by the transferable security which functions as host contract can be modified according to a specified interest rate, financial instrument price, foreign exchange rate, index of prices or rates, credit rating or credit index, or other variable, and therefore vary in a way similar to a stand-alone derivative;
(b)
its economic characteristics and risks are not closely related to the economic characteristics and risks of the host contract;
(c)
it has a significant impact on the risk profile and pricing of the transferable security.
2. Money market instruments which fulfil one of the criteria set out in Article 3(2) and all the criteria set out in Article 4(1) and (2) thereof and which contain a component which fulfils the criteria set out in paragraph 1 of this Article shall be regarded as money market instruments embedding a derivative.
3. A transferable security or a money market instrument shall not be regarded as embedding a derivative where it contains a component which is contractually transferable independently of the transferable security or the money market instrument. Such a component shall be deemed to be a separate financial instrument.
Article 11
Article 21(2) of Directive 85/611/EEC
Techniques and instruments for the purpose of efficient portfolio management
1. The reference in Article 21(2) of Directive 85/611/EEC to techniques and instruments which relate to transferable securities and which are used for the purpose of efficient portfolio management shall be understood as a reference to techniques and instruments which fulfil the following criteria:
(a)
they are economically appropriate in that they are realised in a cost-effective way;
(b)
they are entered into for one or more of the following specific aims:
(i)
reduction of risk;
(ii)
reduction of cost;
(iii)
generation of additional capital or income for the UCITS with a level of risk which is consistent with the risk profile of the UCITS and the risk diversification rules laid down in Article 22 of Directive 85/611/EEC;
(c)
their risks are adequately captured by the risk management process of the UCITS.
2. Techniques and instruments which comply with the criteria set out in paragraph 1 and which relate to money market instruments shall be regarded as techniques and instruments relating to money market instruments for the purpose of efficient portfolio management as referred to in Article 21(2) of Directive 85/611/EEC.
Article 12
Article 22a(1) of Directive 85/611/EEC
Index replicating UCITS
1. The reference in Article 22a(1) of Directive 85/611/EEC to replicating the composition of a stock or debt securities index shall be understood as a reference to replication of the composition of the underlying assets of the index, including the use of derivatives or other techniques and instruments as referred to in Article 21(2) of Directive 85/611/EEC and Article 11 of this Directive.
2. The reference in the first indent of Article 22a(1) of Directive 85/611/EEC to an index whose composition is sufficiently diversified shall be understood as a reference to an index which complies with the risk diversification rules of Article 22a of that Directive.
3. The reference in the second indent of Article 22a(1) of Directive 85/611/EEC to an index which represents an adequate benchmark shall be understood as a reference to an index whose provider uses a recognised methodology which generally does not result in the exclusion of a major issuer of the market to which it refers.
4. The reference in the third indent of Article 22a(1) of Directive 85/611/EEC to an index which is published in an appropriate manner shall be understood as a reference to an index which fulfils the following criteria:
(a)
it is accessible to the public;
(b)
the index provider is independent from the index-replicating UCITS.
Point (b) shall not preclude index providers and the UCITS forming part of the same economic group, provided that effective arrangements for the management of conflicts of interest are in place.
Article 13
Transposition
1. Member States shall adopt and publish, by 23 March 2008 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 23 July 2008.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 14
Entry into force
This Directive shall enter into force on the third day following its publication in the Official Journal of the European Union.
Article 15
Addressees
This Directive is addressed to the Member States.
Done at Brussels, 19 March 2007. | [
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COUNCIL REGULATION (EEC) No 929/79 of 8 May 1979 amending Regulation (EEC) No 729/70 concerning the amount allotted to the Guidance Section of the European Agricultural Guidance and Guarantee Fund
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas the annual appropriations allotted to the Guidance Section of the European Agricultural Guidance and Guarantee Fund as provided for in Article 6 (5) of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (3), as last amended by Regulation (EEC) No 2788/72 (4), will from 1980 onwards no longer be sufficient to meet expenditure by this Section on the improvement of agricultural structures;
Whereas the amount of aid that may be awarded by the Guidance Section of the Fund should be fixed for a five-year period from 1 January 1980 and, except in the case of a new Council Decision, for each successive five-year period;
Whereas the annual appropriations allotted to the Guidance Section of the Fund should be fixed through the budgetary procedure in terms of the commitments to be met;
Whereas to enable the appraisal of the financial needs of each five-year period it is appropriate to foresee suitable arrangements not only for the transition to the new financial system but also at the end of each period,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 6 of Regulation (EEC) No 729/70, paragraph 5 is replaced by the following:
"5. For the year 1972 the appropriations for the Guidance Section of the Fund shall amount to 285 million units of account. From 1 January 1973 to 31 December 1979 these appropriations shall amount to 325 million units of account per year.
From 1 January 1980 the total amount of financial assistance which may be charged to the Guidance Section of the Fund shall be fixed for five-year periods by the Council acting on a Commission proposal in accordance with the procedure laid down in the third subparagraph of Article 43 (2) of the Treaty. The exact amount of appropriations to be entered in the budget shall be fixed annually through the budgetary procedure on the basis of the volume of expenditure to be financed under the common measures and special measures for that year.
The total amount for each five-year period may be increased by the Council acting in accordance with the procedure laid down in the third subparagraph of Article 43 (2) of the Treaty only for the common measures provided for in Article 6 (2) of this Regulation.
If the Council does not fix a new amount before the end of the current five-year period the amount valid for the current period, with any increase made under the preceding subparagraph, shall continue to apply for the following period."
Article 2
The following provisions shall be inserted in Regulation (EEC) No 729/70:
"Article 6a
1. The amounts provided for as financial assistance for a five-year period and not entered in the budget, during that period, may no longer be entered in the budget during the following five-year period.
2. Moreover, the appropriations entered in the budget and not committed at the end of the last financial year of that period shall remain available pursuant to Article 6 of the Financial Regulation for the first financial year of the following five-year period ; they shall be deducted, however, from the amount of financial assistance for the following five-year period. (1)OJ No C 244, 14.10.1978, p. 4. (2)OJ No C 6, 8.1.1979, p. 76. (3)OJ No L 94, 28.4.1970, p. 13. (4)OJ No L 295, 30.12.1972, p. 1.
Article 6b
1. The appropriations set aside in accordance with Regulations (EEC) No 2010/68, (EEC) No 1534/69, (EEC) No 2591/70, (EEC) No 847/72, (EEC) No 2809/73, (EEC) No 1215/75 and (EEC) No 3309/75 and not entered in the budget by 31 December 1979 may no longer be entered in the budget after that date.
2. The appropriations entered in the 1979 budget for the Guidance Section of the Fund, and not committed by 31 December 1979 shall remain available pursuant to Article 6 of the Financial Regulation for the following financial year ; they shall be deducted however from the amount of financial assistance for the five-year period starting on 1 January 1980.
Article 6c
Pursuant to the second subparagraph of Article 6 (5), the total amount of financial assistance which may be charged to the Guidance Section of the Fund for the period 1980 to 1984 is 3 600 million European units of account."
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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REGULATION (EC) No 390/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 April 2009
amending the Common Consular Instructions on visas for diplomatic missions and consular posts in relation to the introduction of biometrics including provisions on the organisation of the reception and processing of visa applications
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(b)(ii) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Data Protection Supervisor (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1)
To ensure the reliable verification and identification of applicants, it is necessary to process biometric data in the Visa Information System (VIS) established by Council Decision 2004/512/EC (3) and to provide for a legal framework for the collection of these biometric identifiers. Furthermore, the implementation of the VIS requires new forms of organisation for the reception of visa applications.
(2)
The integration of biometric identifiers in the VIS is an important step towards the use of new elements, which establish a more reliable link between the visa holder and the passport in order to avoid the use of false identities. Therefore, the personal appearance of the applicant - at least for the first application - should be one of the basic requirements for issuing a visa with the registration of biometric identifiers in the VIS.
(3)
The choice of the biometric identifiers is made in Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (4).
(4)
This Regulation defines the standards for the collection of these biometric identifiers by referring to the relevant provisions set out by the International Civil Aviation Organisation (ICAO). No further technical specifications are required in order to ensure interoperability.
(5)
Any document, data or biometric identifier received by a Member State in the course of a visa application shall be considered a consular document under the Vienna Convention on Consular Relations of 24 April 1963 and shall be treated in an appropriate manner.
(6)
In order to facilitate the registration of applicants and to reduce the costs for Member States, new organisational possibilities need to be envisaged in addition to the existing framework of representation. Firstly, a specific type of representation limited to the collection of applications and enrolment of biometric identifiers should be added to the Common Consular Instructions on visas for the diplomatic missions and consular posts (5).
(7)
Other options such as co-location, common application centres, honorary consuls and cooperation with external service providers should be introduced. An appropriate legal framework for these options should be established, taking into account, in particular, data protection issues. Member States should, in accordance with the conditions laid down in this legal framework, determine the type of organisational structure which they will use in each third country. Details of those structures should be published by the Commission.
(8)
When organising cooperation, Member States should ensure that applicants are directed to the Member State responsible for the processing of their applications.
(9)
It is necessary to make provision for situations in which Member States decide, in order to facilitate the procedure, to cooperate with an external service provider for the collection of applications. Such a decision may be taken if, in particular circumstances or for reasons relating to the local situation, cooperation with other Member States in the form of limited representation, co-location or a Common Application Centre proves not to be appropriate for the Member State concerned. Such arrangements should be established in compliance with the general principles for issuing visas, respecting the data protection requirements set out in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (6). In addition, the need to avoid visa-shopping should be taken into consideration when establishing and implementing such arrangements.
(10)
Member States should cooperate with external service providers on the basis of a legal instrument which should contain provisions on their exact responsibilities, on direct and total access to their premises, information for applicants, confidentiality and on the circumstances, conditions and procedures for suspending or terminating the cooperation.
(11)
This Regulation, by allowing Member States to cooperate with an external service provider for the collection of applications while establishing the ‘one stop’ principle for the presentation of applications, creates a derogation from the general rule of the personal appearance, as provided for in Part III, point 4, of the Common Consular Instructions. This is without prejudice to the possibility of calling the applicant for a personal interview and is also without prejudice to future legal instruments regulating these issues.
(12)
To ensure compliance with data protection requirements, the Working Party set up by Article 29 of Directive 95/46/EC has been consulted.
(13)
Directive 95/46/EC applies to the Member States with regard to the processing of personal data pursuant to this Regulation.
(14)
Member States should maintain the possibility for all applicants to lodge applications directly at their diplomatic missions or consular posts.
(15)
In order to facilitate the procedure of any subsequent application, it should be possible to copy fingerprints from the first entry into the VIS within a period of 59 months. Once this period of time has elapsed, the fingerprints should be collected again.
(16)
Due to the requirement to collect biometric identifiers, commercial intermediaries such as travel agencies should no longer be used for the first application but only for subsequent ones.
(17)
The Common Consular Instructions should therefore be amended accordingly.
(18)
The Commission should present a report on the implementation of this Regulation three years after the VIS is brought into operation and every four years thereafter.
(19)
Since the objectives of this Regulation, namely the organisation of the reception and the processing of applications in respect of the entry of biometric data into the VIS and the introduction of common standards and interoperable biometric identifiers and of common rules for all Member States participating in the Community’s common policy on visas, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
(20)
In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of that Protocol, decide within a period of six months after the date of adoption of this Regulation, whether it will implement it in its national law.
(21)
As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter’s association with the implementation, application and development of the Schengen acquis (7) which fall within the area referred to in Article 1, point B, of Council Decision 1999/437/EC (8) on certain arrangements for the application of that Agreement.
(22)
This Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (9). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.
(23)
This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (10). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.
(24)
As regards Switzerland, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (11), which fall within the area referred to in Article 1, point B, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (12).
(25)
As regards Liechtenstein, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Protocol signed between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement concluded between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point B, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/261/EC (13).
(26)
As regards Cyprus, this Regulation constitutes an act building upon the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession.
(27)
This Regulation constitutes an act building upon the Schengen acquis or otherwise related to it within the meaning of Article 4(2) of the 2005 Act of Accession,
HAVE ADOPTED THIS REGULATION:
Article 1
Amendments to the Common Consular Instructions
The Common Consular Instructions on visas for diplomatic missions and consular posts are hereby amended as follows:
1.
Part II shall be amended as follows:
(a)
In point 1.2(b) the following paragraphs shall be added:
‘A Member State may also represent one or more other Member States in a limited manner solely for the collection of applications and the enrolment of biometric identifiers. The relevant provisions of 1.2(c) and (e) shall apply. The collection and transmission of files and data to the represented Member State shall be carried out respecting the relevant data protection and security rules.
The represented Member State(s) shall ensure that the data are fully encrypted, whether electronically transferred or physically transferred on an electronic storage medium from the authorities of the representing Member State to the authorities of the represented Member State.
In third countries which prohibit encryption of data to be electronically transferred from the authorities of the representing Member State to the authorities of the represented Member State(s), the represented Members State(s) shall not allow the representing Member State to transfer data electronically.
In this case, the represented Member State(s) concerned shall ensure that the electronic data are transferred physically in fully encrypted form on an electronic storage medium from the authorities of the representing Member State to the authorities of the represented Member State(s) by a consular officer of a Member State or, where such a transfer would require disproportionate or unreasonable measures to be taken, in another safe and secure way, for example by using established operators experienced in transporting sensitive documents and data in the third country concerned.
In all cases the level of security for the transfer shall be adapted to the sensitive nature of the data.
The Member States or the Community shall endeavour to reach an agreement with the third countries concerned with the aim of lifting the prohibition against encryption of data to be electronically transferred between the authorities of the Member States concerned.’.
(b)
Point (d) shall be replaced by the following:
‘(d)
When uniform visas are issued pursuant to (a) and (b), the representation and limited representation shall be reflected in the table of representation for the issuing of uniform visas set out in Annex 18.’.
2.
Part III shall be amended as follows:
(a)
Point 1 shall be replaced by the following:
‘1. Visa applications
1.1. Visa application forms - number of application forms
Applicants shall also be required to fill in the uniform visa application form. Applications for a uniform visa must be made using the harmonised form, a specimen of which is given in Annex 16.
At least one copy of the application form shall be filled in so that it may be used during consultation with the central authorities. Member States may, in so far as national administrative procedures so require, request several copies of the application.
1.2. Biometric identifiers
(a) Member States shall collect biometric identifiers comprising the facial image and 10 fingerprints from the applicant in accordance with the safeguards laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms, in the Charter of Fundamental Rights of the European Union and in the United Nations Convention on the Rights of the Child.
At the moment of submission of the first application, the applicant shall be required to appear in person. At that time, the following biometric identifiers shall be collected:
-
a photograph, scanned or taken at the time of application, and
-
10 fingerprints taken flat and digitally collected.
Where fingerprints collected from the applicant regarding an earlier application were entered for the first time in the Visa Information System (VIS) less than 59 months before the date of the new application, they shall be copied to the subsequent application.
However, in case of reasonable doubt regarding the identity of the applicant, the diplomatic mission or consular post shall collect fingerprints within the period specified above.
Furthermore, if at the time when the application is lodged, it cannot be immediately confirmed that the fingerprints were collected within the period specified above, the applicant may request that they be collected.
In accordance with Article 9(5) of the VIS Regulation, the photograph attached to each application shall be entered in the VIS. The applicant shall not be required to appear in person for this purpose.
The technical requirements for the photograph shall be in accordance with the international standards as set out in ICAO Doc 9303 part 1, 6th edition.
Fingerprints shall be taken in accordance with ICAO standards and Commission Decision 2006/648/EC of 22 September 2006 laying down the technical specifications on the standards for biometric features related to the development of the Visa Information System (14).
The biometric identifiers shall be collected by qualified and duly authorised staff of the diplomatic mission or consular post and the authorities responsible for issuing visas at the borders. Under the supervision of the diplomatic missions or consular posts, the biometric identifiers may also be collected by qualified and duly authorised staff of an honorary consul or of an external service provider referred to in Part VII, points 1.3 and 1.4.
The data shall be entered in the VIS only by duly authorised consular staff in accordance with Articles 6(1), 7, 9(5) and 9(6) of the VIS Regulation.
Member States shall ensure that full use is made of all search criteria under Article 15 of the VIS Regulation in order to avoid false rejections and identifications.
(b) Exceptions
The following applicants shall be exempt from the requirement to give fingerprints:
-
children under the age of 12,
-
persons for whom fingerprinting is physically impossible. If the fingerprinting of less than 10 fingers is possible, the respective number of fingerprints shall be taken. However, should the impossibility be temporary, the applicant shall be required to give the fingerprints at the following application. Diplomatic missions or consular posts and authorities responsible for issuing visas at the borders shall be entitled to ask for further clarification on the grounds of the temporary impossibility. Member States shall ensure that appropriate procedures guaranteeing the dignity of the applicant are in place in the event of there being difficulties in enrolling. The fact that fingerprinting is physically impossible shall not influence the grant or refusal of a visa,
-
heads of State or government and members of the national government with accompanying spouses, and the members of their official delegation when they are invited by Member States’ governments or by international organisations for an official purpose,
-
sovereigns and other senior members of a royal family, when they are invited by Member States’ governments or by international organisations for an official purpose.
In each of these cases, the entry “not applicable” shall be introduced in the VIS.
(b)
The following point shall be added:
‘5. Conduct of staff
Member States’ diplomatic missions or consular posts shall ensure that applicants are received courteously.
Consular staff shall, in the performance of their duties, fully respect human dignity. Any measures taken shall be proportionate to the objectives pursued by such measures.
While performing their tasks, consular staff shall not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.’.
3.
Point 1 of Part VII shall be amended as follows:
‘1. Organisation of visa sections
1.1. Organisation of the reception and processing of visa applications
Each Member State shall be responsible for organising the reception and processing of applications. In principle, applications shall be lodged at a diplomatic mission or consular post of a Member State.
Member States shall:
-
equip their diplomatic missions or consular posts and authorities responsible for issuing visas at the borders with the required material for the collection of biometric identifiers, as well as the offices of their honorary consuls, whenever they make use of them, to collect biometric identifiers in accordance with point 1.3, and/or
-
cooperate with one or more other Member States, within the framework of local consular cooperation or by other appropriate contacts, in the form of limited representation, co-location, or a Common Application Centre, in accordance with point 1.2.
In particular circumstances or for reasons relating to the local situation, such as where:
-
the high number of applicants does not allow the collection of applications and of data to be organised in a timely manner and in decent conditions, or
-
it is not possible to ensure a good territorial coverage of the third country concerned in any other way,
and where the abovementioned forms of cooperation prove not to be appropriate for the Member State concerned, a Member State may, as a last resort, cooperate with an external service provider in accordance with point 1.4.
Without prejudice to the right to call the applicant for a personal interview, as provided for in Part III, point 4, the selection of a form of organisation shall not result in requiring the applicant to make personal appearances at more than one location in order to lodge an application.
1.2. Forms of cooperation between Member States
(a)
Where “co-location” is chosen, staff of the diplomatic missions or consular posts of one or more Member States shall process the applications (including biometric identifiers) addressed to them at the diplomatic mission or consular post of another Member State and share the equipment of that Member State. The Member States concerned shall agree on the duration of and conditions for the termination of the co-location as well as the proportion of the visa fee to be received by the Member State whose diplomatic mission or consular post is being used.
(b)
Where “Common Application Centres” are established, staff of the diplomatic missions or consular posts of two or more Member States shall be pooled in one building in order to receive the applications (including biometric identifiers) addressed to them. Applicants shall be directed to the Member State responsible for the processing of the application. Member States shall agree on the duration of and conditions for the termination of this cooperation as well as the cost-sharing among the participating Member States. One Member State shall be responsible for contracts in relation to logistics and diplomatic relations with the host country.
1.3. Recourse to honorary consuls
Honorary consuls may also be authorised to perform some or all of the tasks referred to in point 1.5. Adequate measures shall be taken to guarantee security and data protection.
Where the honorary consul is not a civil servant of a Member State, the performance of those tasks shall comply with the requirements set out in Annex 19 except for the provisions in point C(c) of that Annex.
Where the honorary consul is a civil servant of a Member State, the Member State concerned shall ensure that requirements comparable to those which would apply if the tasks were performed by its diplomatic mission or consular post are applied.
1.4. Cooperation with external service providers
Member States shall endeavour to cooperate with an external service provider together with one or more Member States, without prejudice to public procurement and competition rules.
Cooperation with an external service provider shall be based on a legal instrument that shall comply with the requirements set out in Annex 19.
Member States shall, within the framework of local consular cooperation, exchange information about the selection of external service providers and the establishment of the terms and conditions of their respective legal instruments.
1.5. Types of cooperation with external service providers
An external service provider may be entrusted with the performance of one or more of the following tasks:
(a)
providing general information on visa requirements and application forms;
(b)
informing the applicant of the required supporting documents, on the basis of a checklist;
(c)
collecting data and applications (including collection of biometric identifiers) and transmitting the application to the diplomatic mission or consular post;
(d)
collecting the fee to be charged;
(e)
managing the appointments for personal appearance at the diplomatic mission or consular post or at the external service provider;
(f)
collecting the travel documents (including a refusal notification if applicable) from the diplomatic mission or consular post and returning them to the applicant.
1.6. Obligations of Member States
When selecting an external service provider, the Member State(s) concerned shall scrutinise the solvency and reliability of the company (including the necessary licences, commercial registration, company statutes, bank contracts) and ensure that there is no conflict of interests.
The Member State(s) concerned shall ensure that the external service provider selected complies with the terms and conditions assigned to it in the legal instrument referred to in point 1.4.
The Member State(s) concerned shall remain responsible for compliance with data protection rules for the processing of data and shall be supervised in accordance with Article 28 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (15).
Cooperation with an external service provider shall not limit or exclude any liability arising under the national law of the Member State(s) concerned for breaches of obligations with regard to the personal data of applicants and the processing of visas. This provision is without prejudice to any action which may be taken directly against the external service provider under the national law of the third country concerned.
The Member State(s) concerned shall ensure that the data are fully encrypted, whether electronically transferred or physically transferred on an electronic storage medium from the external service provider to the authorities of the Member State(s) concerned.
In third countries which prohibit encryption of data to be electronically transferred from the external service provider to the authorities of the Member State(s) concerned, the Members State(s) concerned shall not allow the external service provider to transfer data electronically.
In this case, the Member State(s) concerned shall ensure that the electronic data are transferred physically in fully encrypted form on an electronic storage medium from the external service provider to the authorities of the Member State(s) concerned by a consular officer of a Member State or, where such a transfer would require disproportionate or unreasonable measures to be taken, in another safe and secure way, for example by using established operators experienced in transporting sensitive documents and data in the third country concerned.
In all cases the level of security for the transfer shall be adapted to the sensitive nature of the data.
The Member States or the Community shall endeavour to reach an agreement with the third countries concerned with the aim of lifting the prohibition against encryption of data to be electronically transferred from the external service provider to the authorities of the Member State(s) concerned.
The Member State(s) concerned shall provide training to the external service provider, corresponding to the knowledge needed to offer appropriate service and sufficient information to applicants.
The Member State(s) concerned shall, in case of doubt, provide for the possibility of verifying at the diplomatic mission or consular post fingerprints which have been taken by the external service provider.
The examination of applications, interviews, where appropriate, the authorisation process and the printing and affixing of visa stickers shall be carried out only by the diplomatic mission or consular post.
External service providers shall not have access to the VIS under any circumstances. Access to the VIS shall be reserved exclusively to duly authorised staff of diplomatic missions or consular posts.
The Member State(s) concerned shall closely monitor the implementation of the legal instrument referred to in point 1.4, including:
(a)
the general information on visa requirements and application forms provided by the external service provider to applicants;
(b)
all the technical and organisational security measures required to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the cooperation involves the transmission of files and data to the diplomatic mission or consular post of the Member State(s) concerned, and all other unlawful forms of processing the personal data;
(c)
the collection and transmission of biometric identifiers;
(d)
the measures taken to ensure compliance with data protection provisions.
To this end, the diplomatic mission or consular post of the Member State(s) concerned shall, on a regular basis, carry out unannounced checks on the premises of the external service provider.
1.7. Service fee
External service providers may charge a service fee in addition to the fee to be charged as set out in Annex 12. The service fee shall be proportionate to the costs incurred by the external service provider while performing one or more of the tasks referred to in point 1.5.
This service fee shall be specified in the legal instrument referred to in point 1.4.
In the framework of local consular cooperation, Member States shall ensure that the service fee charged to an applicant duly reflects the services offered by the external service provider and is adapted to local circumstances. Furthermore, they shall aim to harmonise the service fee applied.
The service fee shall not exceed half of the amount of the visa fee set out in Annex 12, irrespective of the possible exemptions from the visa fee as provided for by Annex 12.
The Member State(s) concerned shall maintain the possibility for all applicants to lodge applications directly at its diplomatic missions or consular posts.
1.8. Information
Precise information on the means of obtaining an appointment and submitting an application shall be displayed by Member States’ diplomatic missions and consular posts for the general public.
1.9. Continuity of service
In the event of termination of cooperation with other Member States or with any type of external service provider, Member States shall assure the continuity of full service.
1.10. Decision and publication
Member States shall inform the Commission of how they intend to organise the reception and processing of applications in each consular location. The Commission shall ensure appropriate publication.
Member States shall provide the Commission with a copy of the legal instrument referred to in point 1.4.
4.
Point 5.2 of Part VIII shall be amended as follows:
(a)
the title shall be replaced by the following:
(b)
the following sentence shall be inserted between the title and point 5.2(a):
‘For subsequent applications under Part III, point 1.2, Member States may allow their diplomatic missions or consular posts to cooperate with commercial intermediaries (i.e. private administrative agencies and transport or travel agencies, such as tour operators and retailers).’.
5.
The following Annex shall be added:
‘ANNEX 19
List of minimum requirements to be included in the legal instrument in the case of cooperation with external service providers
A.
In relation to the performance of its activities, the external service provider shall, with regard to data protection:
(a)
prevent at all times any unauthorised reading, copying, modification or deletion of data, in particular during their transmission to the diplomatic mission or consular post of the Member State(s) responsible for processing an application;
(b)
in accordance with the instructions given by the Member State(s) concerned, transmit the data:
-
electronically, in encrypted form, or
-
physically, in a secured way;
(c)
transmit the data as soon as possible:
-
in the case of physically transferred data, at least once a week,
-
in the case of electronically transferred encrypted data, at the latest at the end of the day of their collection;
(d)
delete the data immediately after their transmission and ensure that the only data that might be retained shall be the name and contact details of the applicant for the purposes of the appointment arrangements, as well as the passport number, until the return of the passport to the applicant, where applicable;
(e)
ensure all the technical and organisational security measures required to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the cooperation involves the transmission of files and data to the diplomatic mission or consular post of the Member State(s) concerned and all other unlawful forms of processing the personal data;
(f)
process the data only for the purposes of processing the personal data of applicants on behalf of the Member State(s) concerned;
(g)
apply data protection standards at least equivalent to those set out in Directive 95/46/EC;
(h)
provide applicants with the information required under Article 37 of the VIS Regulation.
B.
In relation to the performance of its activities, the external service provider shall, with regard to the conduct of staff:
(a)
ensure that its staff are appropriately trained;
(b)
ensure that its staff in the performance of their duties:
-
receive applicants courteously,
-
respect the human dignity and integrity of applicants,
-
do not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and
-
respect the rules of confidentiality which shall also apply once members of staff have left their job or after suspension or termination of the legal instrument;
(c)
provide identification of the staff working in the company at all times;
(d)
prove that its staff do not have criminal records and have the requisite expertise.
C.
In relation to the verification of the performance of its activities, the external service provider shall:
(a)
provide for access by staff entitled by the Member State(s) concerned to its premises at all times without prior notice, in particular for inspection purposes;
(b)
ensure the possibility of remote access to its appointment system for inspection purposes;
(c)
ensure the use of relevant monitoring methods (e.g. test applicants; webcam);
(d)
ensure access to proof of data protection compliance, including reporting obligations, external audits and regular spot checks;
(e)
report to the Member State(s) concerned without delay any security breaches or any complaints from applicants on data misuse or unauthorised access, and coordinate with the Member State(s) concerned in order to find a solution and give explanatory responses promptly to the complaining applicants.
D.
In relation to general requirements, the external service provider shall:
(a)
act under the instructions of the Member State(s) responsible for processing the application;
(b)
adopt appropriate anti-corruption measures (e.g. provisions on staff remuneration; cooperation in the selection of staff members employed on the task; two-man rule; rotation principle);
(c)
respect fully the provisions of the legal instrument, which shall contain a suspension or termination clause, in particular in the event of breach of the rules established, as well as a revision clause with a view to ensuring that the legal instrument reflects best practices.’.
Article 2
Reporting
The Commission shall present, three years after the VIS is brought into operation and every four years thereafter, a report to the European Parliament and to the Council on the implementation of this Regulation, including the implementation of the collection and use of biometric identifiers, the suitability of the ICAO standard chosen, compliance with data protection rules, experience with external service providers with specific reference to the collection of biometric data, the implementation of the 59-month rule for the copying of fingerprints and the organisation of the reception and processing of applications. The report shall also include, on the basis of Article 17(12), (13) and (14) and of Article 50(4) of the VIS Regulation, the cases in which fingerprints could factually not be provided or were not required to be provided for legal reasons, compared with the number of cases in which fingerprints were taken. The report shall include information on cases in which a person who could factually not provide fingerprints was refused a visa. The report shall be accompanied, where necessary, by appropriate proposals to amend this Regulation.
The first report shall also address the issue of the sufficient reliability for identification and verification purposes of fingerprints of children under the age of 12 and, in particular, how fingerprints evolve with age, based on the results of a study carried out under the responsibility of the Commission.
Article 3
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States in accordance with the Treaty establishing the European Community.
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*****
COUNCIL REGULATION (EEC) No 3284/86
of 27 October 1986
opening, allocating and providing for the administration of a Community tariff quota for deep-frozen fillets and minced blocks of Alaska pollack (Theragra chalcogramma) falling within subheadings ex 03.01 B II b) 17 and ex 03.01 B I n) 2 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, by its Regulation (EEC) No 2060/86 (1), the Council opened and allocated, among certain Member States, a Community tariff quota of 6 300 tonnes at a rate of 5 % for deep-frozen fillets and minced blocks of Alaska pollack (Theragra chalcogramma) falling within subheadings ex 03.01 B II b) 17 and ex 03.01 B I n) 2 of the Common Customs Tariff for the period up to 31 December 1986;
Whereas, on the basis of the most recent data concerning these products, there is no doubt that the volume of this tariff quota will not cover all the Community import requirements from third countries; whereas the additional import requirements may at present be assessed at 4 000 tonnes up to 31 January 1987; whereas it is therefore appropriate to open a Community tariff quota for the period up to 31 January 1987 at a rate of 5 % and to fix its volume at 4 000 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 quesiton;
Whereas in the case in point there are no statistical data broken down by quality of products in question; whereas the quota is an autonomous Community tariff quota intended to cover import needs arising in the Community, 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 product concerned, the quota volume should be divided into two instalments, the first being allocated between certain Member States and the second held as a reserve to meet subsequent requirements of Member States which have used up their initial shares and any additional requirements which might arise in the other Member States; 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 3 900 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 must be valid until the end of the quota period; whereas this form of administration requires close collaboration between the Member States and the Commission, which latter must 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 the date on which this Regulation enters into force until 31 January 1987, the Common Customs Tariff duty for deep-frozen fillets and minced blocks of Alaska pollack (Theragra chalcogramma) falling within Common Customs Tariff subheadings ex 03.01 B II b) 17 and ex 03.01 B I n) 2 shall be suspended at a level of 5 % within the limit of a Community tariff quota of 4 000 tonnes.
2. Within the limit 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 Act of Accession.
3. Imports of the products in question shall not benefit from the quota referred to in paragraph 1 unless the free-at-frontier price, which is determined by the Member States in accordance with Article 21 of Regulation (EEC) No 3796/81 (1), is at least equal to the reference price fixed, or to be fixed, by the Community for the products under consideration or the categories of the products concerned.
Article 2
1. A first instalment of 3 900 tonnes of this Community tariff quota shall be allocated among certain Member States, the shares, which subject to Article 5 shall be valid until 31 January 1987, shall amount to the following quantities:
1.2 // // (tonnes) // Benelux // 200 // Germany // 2 350 // France // 1 200 // United Kingdom // 150
2. The second instalment of 100 tonnes shall constitute the reserve.
3. Should an importer give notification of imminent importation of the product in question in another Member State and request 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 so permits.
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 5 % 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 2,5 % 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 January 1987.
Article 5
Member States shall, not later than 15 Janaury 1987, return to the reserve the unused portion of their initial share which, on 1 January 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 15 January 1987, notify the Commission of the total quantities of the product in question imported up to and including 1 January 1987 and charged against the Community tariff quota and of any position 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 information reaches it, inform each State of the extent to which the reserve has been used up.
It shall, not later than 20 January 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
At the Commission's request, the Member States shall inform it of imports actually charged against their shares.
Article 9
The 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 the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 27 October 1986. | [
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COMMISSION REGULATION (EC) No 780/2005
of 24 May 2005
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 25 May 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 May 2005. | [
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COMMISSION REGULATION (EC) No 1446/2005
of 5 September 2005
adopting derogations from the provisions of Regulation (EC) No 2150/2002 of the European Parliament and of the Council on waste statistics as regards the United Kingdom and Austria
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics (1), and in particular Article 4(1) thereof,
Having regard to the request made by the United Kingdom on 20 December 2004,
Having regard to the request made by Austria on 16 November 2004,
Whereas:
(1)
In accordance with Article 4(1) of Regulation (EC) No 2150/2002, derogations from certain provisions of Annexes to that Regulation may be granted by the Commission during a transitional period.
(2)
Such derogations should be granted, at their request, to the United Kingdom and Austria.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee established by Council Decision 89/382/EEC, Euratom (2),
HAS ADOPTED THIS REGULATION:
Article 1
1. The following derogations from the provisions of Regulation (EC) No 2150/2002 are hereby granted:
(a)
The United Kingdom is granted derogations for the production of results relating to Section 8(1.1), Items 1 (agriculture, hunting and forestry), 2 (fisheries) and 16 (services activities) of Annex I and those relating to Section 8(2) of Annex II.
(b)
Austria is granted derogations for the production of results relating to Section 8(1.1), Items 2 (fisheries) and 16 (services activities) of Annex I and those relating to Section 8(2) of Annex II.
2. The derogations provided for in paragraph 1 are granted only in respect of data for the first reference year, namely 2004.
Article 2
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 September 2005. | [
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COMMISSION DECISION
of 28 July 1999
on financial aid from the Community towards the eradication of classical swine fever in Germany
(notified under document number C(1999) 2443)
(OnlytheGermantextisauthentic)
(1999/582/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(1), as last amended by Regulation (EC) No 1258/1999(2), and in particular Article 3 thereof,
(1) Whereas outbreaks of classical swine fever occurred in Germany in 1998; whereas this disease represents a serious danger to Community pig stocks; whereas with a view to contributing towards the speedy eradication of the disease the Community is able to contribute to expenditure incurred by the Member States for losses suffered;
(2) Whereas the German authorities have reported that they took the requisite steps, including the measures listed in Article 3(2) of Decision 90/424/EEC, as soon as the outbreak of classical swine fever was officially confirmed;
(3) Whereas, pending completion of checks by the Commission that, on the one hand, the Community veterinary rules have been observed and, on the other, that the conditions for a Community financial contribution are met, a first instalment of EUR 2 million should be paid;
(4) Whereas the Community financial contribution should be paid upon confirmation that the measures have been implemented and the authorities have supplied all the information requested within the time limits laid down;
(5) 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
Germany may receive financial assistance from the Community relating to outbreaks of classical swine fever which occurred in the course of 1998.
Subject to checks, the Community's financial contribution shall be:
- 50 % of the costs incurred by Germany in compensating owners for the slaughter and the destruction of pigs and for the destruction of products obtained from pork,
- 50 % of the costs incurred by Germany in the cleaning, disinsectisation and disinfection of holdings and equipment,
- 50 % of the costs incurred by Germany in compensating owners for the destruction of contaminated feedingstuffs and equipment.
Article 2
1. Subject to the checks to be carried out, the Community contribution shall be granted after the supporting documents have been submitted.
2. The documents referred to in paragraph 1 shall be:
(a) an epidemiological report on each holding on which pigs have been slaughtered. The report shall contain information on:
(i) infected holdings:
- location and address,
- date on which the disease was suspected and the date on which it was confirmed,
- number of pigs slaughtered and destroyed, with date,
- method of slaughter and destruction,
- type and number of samples collected and tested when the disease was suspected; results of the tests,
- type and number of samples taken and tested during the depopulation of the infected holdings; results of the tests,
- presumed origin of the infection following complete epidemiological analysis;
(ii) holdings in contact with an infected holding:
- as in (i), first, third, fourth and sixth indents,
- infected holding (outbreak) with which contact has been confirmed or suspected; nature of the contact;
(b) a financial report including the list of beneficiaries and their addresses, the number of animals slaughtered, the date of slaughter and the amount paid out (excluding VAT and other taxes).
Article 3
1. The application for payment, together with the supporting documents referred to in Article 2, shall be submitted to the Commission before 1 October 1999.
2. However, Germany may obtain, on request, an advance of EUR 2 million.
Article 4
1. The Commission, in collaboration with the competent national authorities, may carry out on-the-spot checks to ensure that the measures and assisted expenditure have been carried out.
The Commission shall inform the Member States of the outcome of the checks.
2. Articles 8 and 9 of Council Regulation (EEC) No 729/70(3) shall apply mutatis mutandis.
Article 5
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 28 July 1999. | [
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COUNCIL DIRECTIVE 92/41/EEC of 15 May 1992 amending Directive 89/622/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas there are differences between the laws, regulations and administrative provisions of the Member States on the labelling of tobacco products; whereas these differences are likely to constitute barriers to trade and to impede the establishment and operation of the internal market;
Whereas these possible barriers should be eliminated and whereas, to that end, the marketing and free movement of tobacco products should be made subject to common rules concerning their labelling;
Whereas such common rules must take due account of public health protection, and of the protection of young persons in particular, taking as a base of high level of health protection, according to Article 100a (3) of the Treaty;
Whereas the Council and the representatives of the Governments of the Member States, meeting within the Council, in their resolution of 7 July 1986 on a programme of action of the European Communities against cancer (4), set for this programme the objective of contributing to an improvement of the health and quality of life of citizens within the Community by reducing the number of cancers and whereas they have for this purpose identified a fight against the use of tobacco products as their prime objective;
Whereas, for the purposes of providing objective information on the risks entailed in tobacco consumption, Council Directive 89/622/EEC (5) established a general warning to be carried on the unit packaging of all tobacco products, together with additional warnings exclusively for cigarettes;
Whereas the Commission, at the request of the Council, undertook to propose an amendment to Directive 89/622/EEC so as to establish additional specific warnings to be carried on the unit packaging of tobacco products other than cigarettes;
Whereas scientific experts are of the opinion that all tobacco products carry health risks;
Whereas, in relation to their effects on health and for the purposes of their labelling, a distinction needs to be made between smoking tobacco products and smokeless tobacco products;
Whereas rolling tobaccos carry the same health risks as cigarettes and it is therefore appropriate that the specific warnings selected for cigarettes should apply also to rolling tobaccos;
Whereas other smoking tobacco products carry similar health risks to those carried by cigarettes; whereas, however, the range of such products is more varied; whereas such products should therefore be required to carry specific warning which accord with appropriate rules;
Whereas it has been proved that smokeless tobacco products are a major risk factor as regards cancer and whereas they should therefore carry a specific warning of that risk;
Whereas scientific experts are of the opinion that the addiction caused by tobacco consumption constitutes a danger meriting a specific warning on every tobacco product;
Whereas, moreover, new tobacco products for oral use which have appeared on the market in certain Member States are particularly attractive to young people and whereas the Member States most exposed to this problem have already placed total bans on these new tobacco products or intend so to do;
Whereas, regarding such products, there are differences between the laws, regulations and administrative provisions of the Member States and whereas these products therefore need to be made subject to common rules;
Whereas there is a real risk that the new products for oral use will be used above all by young people, thus leading to nicotine addiction, unless restrictive measures are taken in time;
Whereas, in accordance with the conclusions of the studies conducted by the International Agency for Research on Cancer, tobacco for oral use contains particularly large quantities of carcinogenic substances; whereas these new products cause cancer of the mouth in particular;
Whereas, the sales bans on such tobacco already adopted by three Member States have a direct impact on the establishment and operation of the internal market; whereas it is therefore necessary to approximate Member States' laws, regulations and administrative provisions in this area, taking as a base a high level of health protection; whereas the only appropriate measure is a total ban; whereas, however, such a ban should not affect traditional tobacco products for oral use, which will remain subject to the provisions of Directive 89/622/EEC, as amended by this Directive, applicable to smokeless tobacco products;
Whereas, finally, the initiatives set in this Directive will have an even more beneficial effect on public health if they are coupled with health education programmes during the years of compulsory education and with information and public awareness campaigns,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 89/622/EEC is hereby amended as follows:
1. The following shall be added to the title and to Article 1:
'and the prohibition of the marketing of certain types of tobacco for oral use.'
2. The following point shall be added to Article 2:
'4. "Tobacco for oral use", for the purposes of Article 8a, means all products for oral use, except those intended to be smoked or chewed, made wholly or partly of tobacco, in powder or particulate form or in any combination of these forms - particularly those presented in sachet portions or porous sachets - or in a form resembling a food product.'
3. Article 4 shall be amended as follows:
(a) in paragraph 2 the word 'Annex' shall be replaced by 'Annex I';
(b) the following paragraph shall be inserted:
'2a. In addition to the general warning referred to in paragraph 1, unit packets of tobacco products other than cigarettes shall carry specific warnings which accord with the following rules:
(a) on the other large surface of rolling tobacco packets, the specific warnings, of which each Member State shall draw up a list taken exclusively from the warnings listed in Annex I, shall be rotated in such a way as to guarantee the successive appearance of each warning on an equal quantity of unit packets, with a tolerance of approximately 5 %;
(b) unit packets of cigars, cigarillos, pipe tobacco or other smoking tobacco products with the exception of cigarettes and rolling tobacco shall carry a specific warning from among those in Annex II, in such a way as to ensure that they are in actual fact rotated;
(c) unit packets of smokeless tobacco products shall carry the following specific warning: "Causes cancer".
The specific warnings shall be printed on, or irremovably affixed to, the unit packets in the official language or languages of the country of final marketing.'
(c) paragraph 3 shall be replaced by the following:
'3. Member States may stipulate that the warnings referred to in paragraphs 1, 2 and 2a be combined with the indication of the authority that is their author.'
(d) paragraph 5 shall be replaced by the following:
'5. On tobacco products other than cigarettes, the general warning provided for in paragraph 1 and the specific warning provided for in paragraph 2a shall be printed or irremovably affixed. Each warning must, in each language used, cover at least 1 % of the total surface of the unit packet. It must, in any event, be easily visible, clearly legible and indelible. The warnings must appear in a conspicuous place on a contrasting background and must not in any way be hidden, obscured or interrupted by other written or pictorial matter.'
4. Article 5 shall be replaced by the following:
'Article 5
The Commission shall adapt to technical progress, in accordance with Articles 6 and 7, the measurement and verification methods referred to in Article 3 (1) and (2) and, if necessary, the definitions referred to in Article 2 (2) and (3).'
5. The following Article shall be inserted:
'Article 8a
Member States shall prohibit the placing on the market of tobacco for oral use as defined in Article 2 (4).'
6. The Annex shall be replaced by those attached to this Directive.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions to comply with this Directive not later than 1 July 1992. They shall immediately inform the Commission thereof and shall communicate to it the essential provisions of national law they have adopted in the field covered by this Directive.
When Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by the Member States.
2. The amendment to Directive 89/622/EEC referred to in Article 1 (5) become applicable not later than 1 July 1992. The amendments to Directive 89/622/EEC referred to in Article 1 (3), (4) and (6) shall become applicable not later than 1 January 1994. However, products existing at that date which do not comply with the requirements of Article 4 (2a), (3) and (5) of Directive 89/662/EEC may still be marketed until 31 December 1994.
Article 3
1. The Commission shall publish in the Official Journal of the European Communities the national lists of warnings provided for in Article 4 (2a) (a) of Directive 89/662/EEC for rolling tobacco.
2. Member States which, after 31 December 1993, amend their list of warnings as referred to in paragraph 1 shall notify such amendment, eighteen months before its application, to the Commission, which shall publish it in the Official Journal of the European Communities.
Article 4
This Directive is addressed to the Member States. Done at Brussels, 15 May 1992. | [
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COMMISSION REGULATION (EC) No 608/2005
of 20 April 2005
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 21 April 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 367/2005
of 3 March 2005
fixing the refunds applicable to cereal and rice sector products supplied as Community and national food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1) and in particular Article 13(3) thereof,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (2) and in particular Article 13(3) thereof,
Whereas:
(1)
Article 2 of Council Regulation (EEC) No 2681/74 of 21 October 1974 on Community financing of expenditure incurred in respect of the supply of agricultural products as food aid (3) lays down that the portion of the expenditure corresponding to the export refunds on the products in question fixed under Community rules is to be charged to the European Agricultural Guidance and Guarantee Fund, Guarantee Section.
(2)
In order to make it easier to draw up and manage the budget for Community food aid actions and to enable the Member States to know the extent of Community participation in the financing of national food aid actions, the level of the refunds granted for these actions should be determined.
(3)
The general and implementing rules provided for in Article 13 of Regulation (EC) No 1784/2003 and in Article 13 of Regulation (EC) No 3072/95 on export refunds are applicable mutatis mutandis to the abovementioned operations.
(4)
The specific criteria to be used for calculating the export refund on rice are set out in Article 13 of Regulation (EC) No 3072/95.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For Community and national food aid operations under international agreements or other supplementary programmes, and other Community free supply measures, the refunds applicable to cereals and rice sector products shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on 4 March 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 March 2005. | [
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COMMISSION REGULATION (EC) No 1913/97 of 30 September 1997 amending Regulation (EC) No 1466/95 laying down special detailed rules of application for export refunds on milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (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 (EC) No 1587/96 (2), and in particular Article 17 (14) thereof,
Whereas Commission Regulation (EC) No 1466/95 (3), as last amended by Regulation (EC) No 1811/97 (4), lays down special detailed rules of application for export refunds on milk and milk products; whereas the number of applications for export licences for cheese varies according to destinations; whereas special measures should therefore be applied according to the destination indicated on licence applications and the destination indicated on the export licence made obligatory for products falling within CN code 0406;
Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Article 11 of Regulation (EC) No 1466/95 is hereby replaced by the following:
'Article 11
1. The country of destination referred to in Article 1 (2) shall be a compulsory destination within the meaning of Article 21 (1) of Regulation (EEC) No 3665/87:
- for licences issued in accordance with Articles 6 (3) and 9a,
- for other licences issued for products falling within CN code 0406.
2. Notwithstanding Article 21 (2) of Regulation (EEC) No 3665/87, the provisions of this paragraph shall apply to licences referred to in the second indent of paragraph 1 where the product does not reach the destination indicated in box 7 of the licence.
The refund applicable pursuant to Article 20 (3) of Regulation (EEC) No 3665/87 shall be paid where the actual destination is within the same zone.
No refund shall be paid where the actual destination is in another zone.
3. The zones referred to in paragraph 2 shall be as follows:
TABLE
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply to export licence applications submitted from its entry into force.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION DECISION
of 15 September 2005
amending Appendix B to Annex IX to the 2003 Act of Accession as regards certain establishments in the meat, milk and fish sectors in Lithuania
(notified under document number C(2005) 3441)
(Text with EEA relevance)
(2005/657/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Annex IX, Chapter 5, Section B, Subsection I, paragraph (d) thereto,
Whereas:
(1)
Lithuania has been granted transitional periods for certain establishments listed in Appendix B to Annex IX to the 2003 Act of Accession.
(2)
Appendix B to Annex IX to the 2003 Act of Accession has been amended by Commission Decisions 2004/472/EC (1), 2004/473/EC (2) and 2005/421/EC (3).
(3)
According to an official declaration from the Lithuanian competent authority certain establishments in the meat, milk and fish sectors have completed their upgrading process and are now in full compliance with Community legislation. Certain establishments have ceased their activities. Those establishments should therefore be deleted from the list of establishments in transition.
(4)
A limited number of establishments have made considerable efforts to comply with structural requirements laid down by Community legislation. However these establishments are not in position to finish their upgrading process by the prescribed deadline due to exceptional technical constraints. Therefore it is justified to allow them further time to complete the upgrading process.
(5)
Appendix B to Annex IX to the 2003 Act of Accession should therefore be amended accordingly. For the sake of clarity, it should be replaced.
(6)
The Standing Committee on the Food Chain and Animal Health has been informed of the measures provided for in this Decision,
HAS ADOPTED THIS DECISION:
Article 1
Appendix B to Annex IX to the 2003 Act of Accession is replaced by the text in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
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COMMISSION REGULATION (EC) No 182/2007
of 22 February 2007
concerning tenders notified in response to the invitation to tender for the export of common wheat issued in Regulation (EC) No 936/2006
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,
Whereas:
(1)
An invitation to tender for the refund for the export of common wheat to certain third countries was opened pursuant to Commission Regulation (EC) No 936/2006 (2).
(2)
Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), and in particular Article 13(3) thereof,
(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 16 to 22 February 2007 in response to the invitation to tender for the refund for the export of common wheat issued in Regulation (EC) No 936/2006.
Article 2
This Regulation shall enter into force on 23 February 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Council Decision
of 25 November 2003
amending Decision 97/510/EC authorising Ireland to apply a measure derogating from Article 21 of the Sixth Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes
(2003/857/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Sixth Council Directive (77/388/EEC) of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment(1), and in particular Article 27(1) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) By letter received by the Secretariat-General of the Commission on 4 July 2003, Ireland requested the extension of Decision 97/510/EC(2) authorising it to apply a measure derogating from Article 21 of the Sixth Directive which enables it to combat tax evasion and tax fraud in the real-estate sector until 31 December 2007.
(2) The matters of law and of fact which justified the application of the special measures in question have not changed and still pertain.
(3) The authorisation should therefore be extended until 31 December 2007.
(4) The derogation in question has no impact on the European Communities' own resources from valued added tax,
HAS ADOPTED THIS DECISION:
Article 1
In Article 1 of Decision 97/510/EC, "31 December 2003" shall be replaced by "31 December 2007".
Article 2
This Decision is addressed to Ireland.
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*****
COMMISSION REGULATION (EEC) No 1694/90
of 29 May 1990
amending the list annexed to Regulation (EEC) No 55/87 establishing the list of vessels exceeding eight metres length overall permitted to use beam trawls within certain areas of the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3094/86 of 7 October 1986 laying down certain technical measures for the conservation of fishery resources (1), as last amended by Regulation (EEC) No 4056/89 (2),
Having regard to Commission Regulation (EEC) No 55/87 of 30 December 1986 establishing the list of vessels exceeding eight metres length overall permitted to use beam trawls within certain areas of the Community (3), as last amended by Regulation (EEC) No 1102/90 (4), and in particular Article 3 thereof,
Whereas the Netherlands authorities have requested withdrawal from the list annexed to Regulation (EEC) No 55/87 of one vessel that no longer meets the requirements laid down in Article 1 (2) of that Regulation; whereas the national authorities have provided all the information in support of the request required under Article 3 of Regulation (EEC) No 55/87; whereas scrutiny of this information shows that the requirements of the Regulation are met; whereas the vessel in question should be withdrawn from the list,
HAS ADOPTED THIS REGULATION:
Article 1
The vessel listed in the Annex to this Regulation is deleted from the Annex to Regulation (EEC) No 55/87.
Article 2
This Regulation shall enter into force on the tenth day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EEC) No 945/92 of 14 April 1992 preventing the supply of certain goods and services to Libya
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Whereas the United Nations Security Council, acting under Chapter VII of the Charter of the United Nations, has decided in its Resolution 748 (1992) of 31 March 1992, upon the measures all States have to take against Libya as from 15 April 1992 in order to obtain the compliance of that country with Resolution 731 (1992) of 21 January 1992;
Whereas the measures thus taken contain a selective embargo on trade with Libya, including trade based on existing rights or obligations arising before 15 April 1992; whereas in these circumstances, the trade between the Community and Libya, specifically referred to, has to be prevented;
Whereas the Community and its Member States, meeting within the framework of political cooperation, have expressed their strong support for the measures decided by the Security Council;
Whereas the Community and its Member States have agreed to have recourse to a Community instrument in order to ensure uniform implementation throughout the Community of certain of these measures;
Whereas this Regulation should not affect air transport services to the extent that they are justified by significant humanitarian needs;
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
HAS ADOPTED THIS REGULATION:
Article 1
1. Member States shall deny permission to any aircraft to take off from, land in or overfly their territory if the aircraft is destined to land in or has taken off from the territory of Libya.
2. Permission shall, however, be granted when the particular flight has been approved on grounds of significant humanitarian need by the Committee set up pursuant to paragraph 9 of Resolution 748 (1992) of the United Nations Security Council.
3. The activities and operation of all Libyan Arab Airlines offices shall be prohibited.
Article 2
It shall be prohibited to supply or provide, directly or indirectly:
- any aircraft or aircraft components to Libya,
- any engineering and maintenance servicing of Libyan aircraft or aircraft components,
- any certification of air-worthiness for Libyan aircraft,
- payment of new claims against existing insurance contracts for Libyan aircraft,
- any new direct insurance for Libyan aircraft.
Article 3
Articles 1 and 2 shall apply, notwithstanding any rights or obligations conferred or imposed by any international agreement or any contract entered into or any licence or permit granted before 15 April 1992.
Article 4
This Regulation shall apply to activities, carried out in or from the territory of the Community, including its air space, or by means of aircraft or ships flying the flag of a Member State, or by any national of the Community.
Article 5
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION DECISION of 1 April 1996 amending Decision 95/357/EC drawing up a list of border inspection posts agreed for veterinary checks on products and animals from third countries detailed rules concerning the checks to be carried out by the veterinary experts of the Commission and repealing Decision 94/24/EC (Text with EEA relevance) (96/267/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (1), as last amended by Directive 95/52/EC (2) and in particular Article 9 (4) thereof,
Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (3), as last amended by Commission Decision 95/157/EC (4), and in particular, Article 6 (4) thereof,
Whereas Commission Decision 95/357/EC (5), as last amended by Decision 96/187/EC (6) draws up a list of border inspection posts agreed for veterinary checks on products and animals from third countries;
Whereas certain border inspection posts have been inspected by the Commission's departments; whereas, in addition, the Member States may propose that posts included in the list be withdrawn or that new posts be included therein, these new posts having to be inspected before inclusion in the list;
Whereas, in view of the results of the inspections and the proposals by the competent authorities of Member States, Commission Decision 95/357/EC must be amended accordingly;
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 of Decision 95/357/EC is amended as follows:
1. In the part concerning Italy the references relating to the border inspection posts of Catania and Genova are replaced by the following:
TABLE
2. In the part concerning Spain the references relating to the border inspection posts of Vigo-Villagarcía-Marín and Pasajes-Irún are replaced by the following:
TABLE
3. In the part concerning Germany the references relating to the border inspection post of Weil/Rhein-Mannheim are replaced by the following:
TABLE
Article 2
This Decision is addressed to the Member States.
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COMMISSION REGULATION (EC) No 35/2005
of 11 January 2005
establishing unit values for the determination of the customs value of certain perishable goods
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1),
Having regard to Commission Regulation (EEC) No 2454/93 (2) laying down provisions for the implementation of Regulation (EEC) No 2913/92, and in particular Article 173(1) thereof,
Whereas:
(1)
Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation.
(2)
The result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173(2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question,
HAS ADOPTED THIS REGULATION:
Article 1
The unit values provided for in Article 173(1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto.
Article 2
This Regulation shall enter into force on 14 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COMMISSION REGULATION (EEC) No 1291/86
of 30 April 1986
correcting Regulation (EEC) No 262/79 on the sale of butter at reduced prices for use in the manufacture of pastry products, ice-cream and other foodstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 3768/85 (2) and in particular Article 6 (7) thereof,
Whereas Commission Regulation (EEC) No 262/79 (3), as last amended by Regulation (EEC) No 665/86 (4), instituted a system for selling butter at reduced prices for use in the manufacture of pastry products, ice-cream and other foodstuffs; whereas, following the amendment made by Regulation (EEC) No 2927/84 (5) to Article 4 (1) of Regulation (EEC) No 262/79, the text of the German and Dutch versions of that provision does not correspond to the text of the other versions; whereas this mistake should therefore be corrected;
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 third indents in the German and Dutch texts of Article 4 (1) (b) of Regulation (EEC) No 262/79 are hereby replaced by the following texts respectively:
'- gefuellte Schokoladenwaren der Tarifstelle 18.06 C II b) ausser deren Schokoladenueberzuegen,',
'- gevulde chocoladewerken vallend onder post 18.06 C II b), met uitzondering van de als deklaag ervan gebruikte chocolade,'.
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, 30 April 1986. | [
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Commission Regulation (EC) No 1201/2000
of 6 June 2000
establishing unit values for the determination of the customs value of certain perishable goods
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(1), as last amended by Regulation (EC) No 955/1999 of the European Parliament and of the Council(2),
Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(3), as last amended by Regulation (EC) No 1662/1999(4), and in particular Article 173 (1) thereof,
Whereas:
(1) Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation.
(2) The result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173 (2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question,
HAS ADOPTED THIS REGULATION:
Article 1
The unit values provided for in Article 173 (1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto.
Article 2
This Regulation shall enter into force on 9 June 2000.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (Euratom, ECSC, EC) No 1783/96 of 11 September 1996 laying down the weightings applicable from 1 January 1996 to the remuneration of officials of the European Communities serving in third countries
THE COUNCIL OF THE EUROPEAN UNION,
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 and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EC, Euratom, ECSC) No 2963/95 (2), and in particular the first paragraph of Article 13 of Annex X thereto,
Having regard to the proposal from the Commission,
Whereas account should be taken of changes in the cost of living in countries outside the Community and weightings applicable to remuneration paid in the currency of the country of employment to officials serving in third countries should be determined with effect from 1 January 1996;
Whereas, under Annex X of the Staff Regulations, the Council sets the weightings every six months; whereas it will accordingly have to set new weightings for the coming half-years;
Whereas the weightings to apply with effect from 1 January 1996 in respect of which payment has been made on the basis of a previous Regulation could lead to retrospective adjustments to remuneration (positive or negative);
Whereas provision should be made for back-payments in the event of an increase in remunerations as a result of these weightings;
Whereas provision should be made for the recovery of sums overpaid in the event of a reduction in remunerations as a result of these weightings for the period between 1 January 1996 and the date of the Council Decision setting the weightings to apply with effect from 1 January 1996;
Whereas, however, in order to mirror the weightings applicable within the Community to remuneration and pensions of officials and other servants of the Community, provision should be made for any such recovery to apply solely to a period of no more than six months preceding the decision and for its effects to be spread over a period of no more than 12 months following the date of that decision,
HAS ADOPTED THIS REGULATION:
Article 1
With effect from 1 January 1996, the weightings applicable to remuneration payable in the currency of the country of employment of officials of the Community shall be as shown in the Annex.
The exchange rates for the calculation of such remuneration shall be those used for implementation of the general budget of the European Communities for the month preceding the date referred to in the first subparagraph.
Article 2
In accordance with the first subparagraph of Article 13 of Annex X to the Staff Regulations, the Council shall set weightings every six months. It shall accordingly set new weightings with effect from 1 July 1996.
The institutions shall make back-payments in the event of an increase in remuneration as a result of these weightings.
For the period between 1 January 1996 and the date of the Council decision setting the weightings applicable with effect from 1 January 1996, the institutions shall make retrospective downward adjustments to remuneration in the event of a reduction as a result of these weightings.
Retrospective adjustments involving the recovery of sums overpaid shall, however, concern only a period of no more than six months preceding the decision and this recovery shall be spread over no more than 12 months from the date of that decision.
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, 11 September 1996. | [
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Commission Decision
of 21 March 2001
concerning certain protection measures with regard to foot-and-mouth disease in the Netherlands
(notified under document number C(2001) 964)
(Text with EEA relevance)
(2001/223/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), as last amended by Directive 92/118/EEC(2), and in particular Article 10 thereof,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(3), as last amended by Directive 92/118/EEC, and in particular Article 9 thereof,
Whereas:
(1) Following the reports of outbreaks of foot-and-mouth disease in the United Kingdom, the Commission adopted Decision 2001/172/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom(4), as last amended by Decision 2001/190/EC(5).
(2) Outbreaks of foot-and-mouth disease have been declared in France the Commission adopted Decision 2001/208/EC(6).
(3) Outbreaks of foot-and-mouth disease have been declared in the Netherlands.
(4) The foot-and-mouth disease situation in certain parts of the Netherlands is liable to endanger the herds in other parts of the territory of the Netherlands and in other Member States in view of the placing on the market and trade in live biungulate animals and certain of their products.
(5) The Netherlands have taken measures in the framework of Council Directive 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot-and-mouth disease(7), as last amended by the Act of Accession of Austria, Finland and Sweden, and furthermore has introduced further measures within the affected areas, including the measures laid down in Decision 2001/172/EC.
(6) The disease situation in the Netherlands requires reinforcing the control measures for foot-and-mouth disease taken by the Netherlands by adopting, in close cooperation with the Member State concerned, additional Community protective measures.
(7) Certain categories of treated products of animal origin do not present a risk of spreading the disease, it appeared therefore appropriate to include provisions allowing trade in such products under the conditions that adequate certification is ensured.
(8) The situation shall be reviewed at the meeting of the Standing Veterinary Committee scheduled for 27 March 2001 and the measures adapted where necessary.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Without prejudice to the measures taken by the Netherlands within the framework of Directive 85/511/EEC, the Netherlands shall ensure that:
1. no live animals of the bovine, ovine, caprine and porcine species and other biungulates move between those parts of its territory listed in Annex I and Annex II;
2. no live animals of the bovine, ovine, caprine and porcine species and other biungulates are dispatched from or moved through those parts of its territory listed in Annex I and Annex II;
Derogating from the provisions in the first paragraph the competent authorities may authorise the direct and uninterrupted transit of biungulate animals through the areas listed in Annex I and Annex II on main roads and railway lines;
3. the health certificates provided for in Council Directive 64/432/EEC(8), as last amended by Directive 2000/20/EC(9), accompanying live bovine and porcine animals and in Council Directive 91/68/EEC(10), as last amended by Commission Decision 94/953/EC(11), accompanying live ovine and caprine animals consigned from parts of the territory of the Netherlands not listed in Annex I and Annex II to other Member States shall bear the following words:
"Animals conforming to Commission Decision 2001/223/EC of 21 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the Netherlands";
4. the health certificates accompanying biungulates, other than those covered by the certificates mentioned in paragraph 3, consigned from parts of the territory of the Netherlands not listed in Annex I and Annex II to other Member States shall bear the following words:
"Live biungulates conforming to Commission Decision 2001/223/EC of 21 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the Netherlands";
5. the movement to other Member States of animals accompanied by an animal health certificate referred to in paragraphs 3 or 4 shall only be allowed following three days advance notification dispatched by the local veterinary authority to the central and local veterinary authorities in the Member State of destination.
Article 2
1. The Netherlands shall not dispatch fresh meat of the bovine, ovine, caprine and porcine species and other biungulates coming from those parts of its territory listed in Annex I or obtained from animals originating in those parts of the Netherlands.
Fresh meat referred to in the first subparagraph shall include minced meat and meat preparations in accordance with Council Directive 94/65/EC laying down the requirements for the production and placing on the market of minced meat(12).
2. The prohibitions provided for in paragraph 1 shall not apply to:
(a) fresh meat obtained before 20 February 2001 provided that the meat is clearly identified, and since this date has been transported and stored separately from meat which is not destined for dispatch outside the areas mentioned in Annex I;
(b) fresh meat obtained from animals reared outside the areas listed in Annex I and transported in derogation to Article 1(1) directly and under official control in sealed means of transport to a slaughterhouse situated in the area listed in Annex I outside the protection zone for immediate slaughter. Such meat shall only be placed on the market in the Netherlands;
(c) fresh meat obtained from cutting plants situated in the area listed in Annex I under the following conditions:
- only fresh meat as described in subparagraphs (a) and (b) or fresh meat obtained from animals reared and slaughtered outside the area listed in the Annex I will be processed in this establishment,
- all such fresh meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC(13) on health conditions for the production and marketing of fresh meat, as last amended by Directive 95/23/EC(14),
- the plant will be operated under strict veterinary control,
- the fresh meat must be clearly identified, and transported and stored separately from meat which is not destined for dispatch outside the areas mentioned in Annex I,
- the control of the compliance with the above listed conditions shall be carried out by the competent veterinary authority under the supervision of the central veterinary authorities who will communicate to the other Member States and the Commission a list of those establishments which they have approved in application of these provisions;
(d) fresh meat obtained from animals of susceptible species originating in the areas listed in Annex I which is transported under veterinary supervision to an establishment situated in the Netherlands outside the areas listed in Annex I for treatment in accordance with Article 3(2).
3. Meat consigned from the Netherlands to other Member States shall be accompanied by a certificate from an official veterinarian. The certificate shall bear the following words:
"Meat conforming to Commission Decision 2001/223/EC of 21 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the Netherlands".
Article 3
1. The Netherlands shall not dispatch meat products of animals of the bovine, ovine, caprine and porcine species and other biungulates coming from those parts of the Netherlands listed in Annex I or prepared using meat obtained from animals originating in those parts of the Netherlands.
2. The restrictions described in paragraph 1 shall not apply to meat products which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC(15), as last amended by Council Directive 91/687/EEC(16), or to meat products as defined in Council Directive 77/99/EEC(17), as last amended by Council Directive 97/76/EC(18), on animal health problems affecting intra-Community trade in meat products which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.
3. The prohibitions described in paragraph 1 shall not apply to:
(a) meat products prepared from meat derived from biungulate animals slaughtered before 20 February 2001 provided that the meat products are clearly identified, and since this date have been transported and stored separately from meat products which are not destined for dispatch outside the areas mentioned in Annex I;
(b) meat products prepared in establishments under the following conditions:
- all fresh meat used in the establishment must conform to the conditions of Article 2(2),
- all meat products used in the final product will conform to the conditions of paragraph (a) or be made from fresh meat obtained from animals reared and slaughtered outside the area listed in Annex I,
- all meat products must bear the health mark in accordance with Chapter VI of Annex B to Directive 77/99/EEC,
- the establishment will be operated under strict veterinary control,
- the meat products must be clearly identified and transported and stored separately from meat and meat products which are not destined for dispatch outside the areas mentioned in Annex I,
- the control of the compliance with the above listed conditions shall be carried out by the competent authority under the responsibility of the central veterinary authorities who will communicate to other Member States and the Commission a list of those establishments which they have approved in application of these provisions;
(c) meat products prepared in the parts of the territory which are not included in Annex I using meat obtained before 20 February 2001 from parts of the territory included in Annex I provided that the meat and meat products are clearly identified and transported and stored separately from meat and meat products which are not destined for dispatch outside the areas mentioned in Annex I.
4. Meat products consigned from the Netherlands to other Member States shall be accompanied by an official certificate. The certificate shall bear the following words:
"Meat products conforming to Commission Decision 2001/223/EC of 21 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the Netherlands".
5. Derogating from the provisions in paragraph 4 it shall be sufficient in the case of meat products which conform to the requirements of paragraph 2 and are consigned in hermetically sealed containers or have been processed in an establishment operating HACCP(19) and an auditable standard operating procedure which ensures that standards for treatment are met and recorded that compliance with the conditions required for the treatment laid down in paragraph 2 is stated in the commercial document accompanying the consignment, endorsed in accordance with Article 9.
Article 4
1. The Netherlands shall not dispatch milk intended or not intended for human consumption from those parts of its territory listed in Annex I.
2. The prohibitions described in paragraph 1 shall not apply to milk intended or not intended for human consumption which has been subjected to at least:
(a) an initial pasteurization in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Directive 92/118/EEC, followed by a second heat treatment by high temperature pasteurization, UHT, sterilization or by a drying process which includes a heat treatment with an equivalent effect to one of the above; or
(b) an initial pasteurization in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Directive 92/118/EEC, combined with the treatment by which the pH is lowered below 6 and held there for at least one hour.
3. The prohibitions described in paragraph 1 shall not apply to milk prepared in establishments situated in the areas listed in Annex I under the following conditions:
(a) all milk used in the establishment must either conform to the conditions of paragraph 2 or be obtained from animals outside the area listed in Annex I,
(b) the establishment will be operated under strict veterinary control,
(c) the milk must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch outside the areas mentioned in Annex I,
(d) transport of raw milk from holdings situated outside the areas mentioned in Annex I to the establishments referred to above is carried out in vehicles which were cleaned and disinfected prior to operation and had no subsequent contact with holdings in the areas mentioned in Annex I keeping animals of species susceptible to foot-and-mouth disease,
(e) the control of the compliance with the above listed conditions shall be carried out by the competent veterinary authority under the supervision of the central veterinary authorities who will communicate to other Member States and the Commission a list of those establishments which they have approved in application of these provisions.
4. Milk consigned from the Netherlands to other Member States shall be accompanied by an official certificate. The certificate shall bear the following words:
"Milk conforming to Commission Decision 2001/223/EC of 21 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the Netherlands".
5. Derogating from the provisions in paragraph 4 it shall be sufficient in the case of milk which conforms to the requirements of paragraph 2(a) or (b) and is consigned in hermetically sealed containers or has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded that compliance with the conditions required for the treatment laid down in paragraph 2(a) or (b) is stated in the commercial document accompanying the consignment, endorsed in accordance with Article 9.
Article 5
1. The Netherlands shall not dispatch milk products intended or not intended for human consumption from those parts of its territory listed in Annex I.
2. The prohibitions described in paragraph 1 shall not apply to milk products intended or not intended for human consumption:
(a) produced before 20 February 2001;
(b) prepared from milk complying with the provisions in Article 4(2) or (3);
(c) subject to a heat treatment at a temperature of at least 72 °C for at least 15 seconds, on the understanding that such treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in this Decision;
(d) for export to a third country where import conditions permit such products to be subject to treatment other than laid down in this Decision.
3. The prohibitions described in paragraph 1 shall not apply to:
(a) milk products prepared in establishments situated in the areas listed in Annex I under the following conditions:
- all milk used in the establishment will either conform to the conditions of Article 4(2) or be obtained from animals outside the area listed in Annex I,
- all milk products used in the final product will either conform to the conditions of paragraph 2 or be made from milk obtained from animals outside the area listed in Annex I,
- the establishment will be operated under strict veterinary control,
- the milk products must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch outside the areas mentioned in Annex I,
- the control of the compliance with the above listed conditions shall be carried out by the competent authority under the responsibility of the central veterinary authorities who will communicate to other Member States and the Commission a list of those establishments which they have approved in application of these provisions;
(b) milk products prepared in the parts of the territory outside the areas mentioned in Annex I using milk obtained before 20 February 2001 from parts of the territory mentioned in Annex I provided that the milk products are clearly identified and transported and stored separately from milk products which are not destined for dispatch outside the areas mentioned in Annex I.
4. Milk products consigned from the Netherlands to other Member States shall be accompanied by an official certificate. The certificate shall bear the following words:
"Milk products conforming to Commission Decision 2001/223/EC of 21 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the Netherlands".
5. Derogating from the provisions in paragraph 4 it shall be sufficient in the case of milk products which conform to the requirements of paragraph 2 and are consigned in hermetically sealed containers or have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded that compliance with the conditions laid down in paragraph 2 is stated in the commercial document accompanying the consignment, endorsed in accordance with Article 9.
Article 6
1. The Netherlands shall not send semen, ova and embryos of the bovine, ovine, caprine and porcine species and other biungulates from those parts of its territory listed in Annex I to other parts of the Netherlands.
2. The Netherlands shall not dispatch semen, ova and embryos of the bovine, ovine, caprine and porcine species and other biungulates from those parts of its territory listed in Annex I and Annex II.
3. This prohibition shall not apply to frozen bovine semen and embryos produced before 20 February 2001.
4. The health certificate provided for in Council Directive 88/407/EEC(20), as last amended by the Act of Accession of Austria, Finland and Sweden, and accompanying frozen bovine semen consigned from the Netherlands to other Member States shall bear the following words:
"Frozen bovine semen conforming to Commission Decision 2001/223/EC of 21 March 2001 on certain protection measures with regard to foot-and-mouth disease in the Netherlands".
5. The health certificate provided for in Council Directive 89/556/EEC(21), as last amended by the Act of Accession of Austria, Finland and Sweden, and accompanying bovine embryos consigned from the Netherlands to other Member States shall bear the following words:
"Bovine embryos conforming to Commission Decision 2001/223/EC of 21 March 2001 on certain protection measures with regard to foot-and-mouth disease in the Netherlands".
Article 7
1. The Netherlands shall not dispatch hides and skins of bovine, ovine, caprine and porcine species and other biungulates from those parts of its territory listed in Annex I.
2. This prohibition shall not apply to hides and skins which were produced before 20 February 2001 or which conform to the requirements of paragraph 1(A) indents 2 to 5 or paragraph 1(B), indents 3 and 4 of Chapter 3 of Annex 1 to Directive 92/118/EEC. Care must be taken to separate effectively treated hides and skins from untreated hides and skins.
3. The Netherlands shall ensure that hides and skins of bovine, ovine, caprine and porcine species and other biungulates to be sent to other Member States shall be accompanied by a certificate which bears the following words:
"Hides and skins conforming to Commission Decision 2001/223/EC of 21 March 2001 on certain protection measures with regard to foot-and-mouth disease in the Netherlands".
4. Derogating from the provisions in paragraph 3 it shall be sufficient in the case of hides and skins which conform to the requirements of paragraph 1(A) indents 2 to 5 of Chapter 3 of Annex I to Directive 92/118/EEC to be accompanied by a commercial document stating compliance with the conditions required for the treatment laid down in paragraph 1(A) indents 2 to 5 of Chapter 3 of Annex I to Directive 92/118/EEC.
5. Derogating from the provisions in paragraph 3 it shall be sufficient in the case of hides and skins which conform to the requirements of paragraph 1(B) indents 3 and 4 of Chapter 3 of Annex I to Directive 92/118/EEC that compliance with the conditions required for the treatment laid down in paragraph 1(B) indents 3 and 4 of Chapter 3 of Annex I to Directive 92/118/EEC is stated in the commercial document accompanying the consignment, endorsed in accordance with Article 9.
Article 8
1. The Netherlands shall not dispatch animal products of the bovine, ovine, caprine and porcine species and other biungulates not mentioned in Articles 2, 3, 4, 5, 6 and 7 produced after 20 February 2001 from those parts of its territory listed in Annex I.
The Netherlands shall not dispatch dung and manure from those parts of its territory listed in Annex I.
2. The prohibitions mentioned in paragraph 1 first subparagraph shall not apply to:
(a) animal products referred to in paragraph 1 first subparagraph which have been subjected to:
- heat treatment in a hermetically sealed container with a Fo value of 3,00 or more, or
- heat treatment in which the centre temperature is raised to at least 70 °C;
(b) blood and blood products as defined in Chapter 7 of Annex I to Directive 92/118/EEC which have been subject to at least one of the following treatments:
- heat treatment at a temperature of 65 °C for at least three hours, followed by an effectiveness check,
- irradiation at 2,5 megarads or gamma rays followed by an effectiveness check,
- change of pH to pH 5 or lower for at least two hours, followed by an effectiveness check;
(c) lard and rendered fats which have been subject to the heat treatment prescribed in paragraph 2(A) of Chapter 9 of Annex I to Directive 92/118/EEC;
(d) animal casings to which the provisions in paragraph B Chapter 2 of Annex I to Directive 92/118/EEC apply mutatis mutandis;
(e) sheep wool, ruminant hair and pigs bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs bristles which are securely enclosed in packaging and dry;
(f) semi-moist and dried petfood conforming to the requirements of paragraphs 2 and 3 respectively of Chapter 4 of Annex I to Directive 92/118/EEC;
(g) composite products which are not subject to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in this Decision;
(h) game trophies in accordance with paragraph 2(b) of part B in Chapter 13 of Annex I to Directive 92/118/EEC.
3. The Netherlands shall ensure that the animal products mentioned in paragraph 2 to be sent to other Member States shall be accompanied by an official certificate which bears the following words:
"Animal products conforming to Commission Decision 2001/223/EC of 21 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the Netherlands".
4. Derogating from the provisions in paragraph 3 it shall be sufficient in the case of products mentioned in paragraphs 2(b), (c) and (d) that compliance with the conditions for the treatment stated in the commercial document required in accordance with the respective Community legislation is endorsed in accordance with Article 9.
5. Derogating from the provisions in paragraph 3 it shall be sufficient in the case of products mentioned in paragraph 2(e) to be accompanied by a commercial document stating either the factory washing or origin from tanning or compliance with the conditions laid down in paragraphs 2 and 4 of Chapter 15 of Annex I to Directive 92/118/EEC.
6. Derogating from the provisions in paragraph 3 it shall be sufficient in the case of products mentioned in paragraph 2(g) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the respective animal health conditions laid down in this Decision and that this is stated on the commercial document accompanying the consignment, endorsed in accordance with Article 9.
Article 9
Where reference is made to this Article, the competent authorities of the Netherlands shall ensure that the commercial document required by Community legislation for intra-Community trade be endorsed by the attachment of a copy of an official certificate stating that the production process has been audited and found in compliance with the appropriate requirements in Community legislation and suitable to destroy the foot-and-mouth disease virus or that the products concerned have been produced from pre-processed materials which had been certified accordingly, and provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.
Such verifying certification of the production process shall bear a reference to this Decision, shall be valid for 30 days, shall state the expiry date and shall be renewable after inspection of the establishment.
Article 10
1. The Netherlands shall ensure that vehicles which have been used in the areas listed in Annex I for the transport of live animals are cleaned and disinfected after each operation, and shall furnish proof of such disinfection.
2. The Netherlands shall ensure that lorries used for the collection of milk which have been on a holding where animals of susceptible species are kept are cleaned and disinfected prior to leaving the areas included in Annex II, and shall furnish proof of such disinfection.
Article 11
The restrictions laid down in Articles 3, 4, 5 and 8 shall not apply to the dispatch from the parts of the territory of the Netherlands listed in Annex I of the products referred to in Articles 3, 4, 5 and 8, if such products were:
- either not produced in the Netherlands and remained in their original packaging indicating the country of origin of the products, or
- produced in an approved establishment situated in the parts of the territory of the Netherlands listed in Annex I from pre-processed products not originating from these areas, which have been since introduction onto the territory of the Netherlands transported, stored and processed separately from products which are not destined for dispatch outside the areas mentioned in Annex I and are accompanied by a commercial document or official certificate as required by this Decision.
Article 12
1. The Netherlands shall ensure that equidae dispatched from its territory to another Member State are accompanied by an animal health certificate in accordance with the model in Annex C of Council Directive 90/426/EEC, which shall only be issued for equidae that for the past 15 days prior to certification have not been in a protection and surveillance zone established in accordance with Article 9 of Directive 85/511/EEC.
2. The Netherlands shall ensure that equidae mentioned in paragraph 1 to be sent to other Member States shall be accompanied by an official certificate which bears the following words:
"Equidae conforming to Commission Decision 2001/223/EC of 21 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the Netherlands".
Article 13
Member States shall amend the measures which they apply to trade so as to bring them into compliance with this Decision. They shall immediately inform the Commission thereof.
Article 14
This Decision shall apply until midnight on 4 April 2001.
Article 15
This Decision is addressed to the Member States.
Done at Brussels, 21 March 2001. | [
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*****
COMMISSION REGULATION (EEC) No 2047/84
of 17 July 1984
determining the rice intervention centres other than Vercelli
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in rice (1), as last amended by Regulation (EEC) No 1025/84 (2), and in particular Article 4 (5) thereof,
Whereas, in accordance with Article 4 (1) of Regulation (EEC) No 1418/76, a single intervention price for paddy rice is fixed by the Council for the intervention centre at Vercelli; whereas this price is applicable for all the other intervention centres to be determined after consultation with Member States; whereas the selection of these centres must be governed by the application of rules laid down by Council Regulation (EEC) No 1422/76 (3);
Whereas the Member States have been consulted;
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 intervention centres other than Vercelli for areas of surplus rice production, as referred to in Article 4 (1) of Regulation (EEC) No 1418/76, shall be those set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 1 September 1984.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 July 1984. | [
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Commission decision
of 29 October 2002
laying down specific conditions for imports of fishery products from Mozambique
(notified under number C(2002) 4094)
(Text with EEA relevance)
(2002/858/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products(1), as last amended by Directive 97/79/EC(2), and in particular Article 11.1 thereof,
Whereas:
(1) An inspection has been carried out on behalf of the Commission in the Republic of Mozambique to verify the conditions under which fishery products are produced, stored and dispatched to the Community.
(2) The requirements in the legislation of Mozambique on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC.
(3) In particular, the "Departamento de Inspecção de Pescado (DIP) - Ministério das Pescas" is capable of effectively verifying the implementation of the legislation in force.
(4) It is appropriate to lay down detailed rules concerning the health certificate which must, under Directive 91/493/EEC, accompany consignments of fishery products imported into the Community from Mozambique. In particular those rules must specify the definition of a model certificate, the minimum requirements regarding the language or languages in which it must be drafted and the status of the person empowered to sign it.
(5) The mark which must be affixed to packages of fishery products should give the name of the third country and the approval/registration number of the establishment, factory vessel, cold store or freezer vessel of origin, except for certain frozen products.
(6) It is also necessary to draw up a list of approved establishments, factory vessels, or cold stores, and a list of freezer vessels equipped in accordance with the requirements of Council Directive 92/48/EEC of 16 June 1992 laying down the minimum hygiene rules applicable to fishery products caught on board of certain vessels in accordance with article 3(1) (a) (I) of Directive 91/493/EEC(3). These lists should be drawn up on the basis of a communication from the DIP to the Commission. It is therefore the responsibility of the DIP to ensure compliance with the relevant provisions of Directive 91/493/EEC.
(7) The DIP has provided official assurances regarding compliance with the rules set out in Chapter V of the Annex to Directive 91/493/EEC with regard to the control of fishery products, and regarding the fulfilment of hygienic requirements equivalent to those laid down by that Directive.
(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
The "Departamento de Inspecção de Pescado (DIP) - Ministério das Pescas" shall be the competent authority in Mozambique for verifying and certifying compliance of fishery products with the requirements of Directive 91/493/EEC.
Article 2
1. Fishery products imported into the Community from Mozambique shall meet the conditions set out in paragraphs 2, 3 and 4.
2. Each consignment shall be accompanied by a numbered original health certificate, duly completed, signed, dated and comprising a single sheet in accordance with the model in Annex I.
3. The products shall come from approved establishments, factory vessels or cold stores or from registered freezer vessels listed in Annex II.
4. Except in the case of frozen fishery products in bulk and intended for the manufacture of preserved foods, all packages shall bear the word "MOZAMBIQUE" and the approval/registration number of the establishment, factory vessel, cold store or freezer vessel of origin in indelible letters.
Article 3
1. The certificate referred to in Article 2(2) shall be drawn up in at least one official language of the Member State in which the checks are carried out.
2. The certificate shall bear the name, capacity and signature of the representative of the DIP and the latter's official stamp in a colour different from that of other endorsements.
Article 4
This Decision shall apply from 20 December 2002.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 29 October 2002. | [
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Commission Regulation (EC) No 211/2003
of 3 February 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 177/2003(5) fixes refunds under the procedure provided for in the abovementioned paragraph for 1000 tonnes for the destination R01 defined in the Annex to that Regulation.
(2) For the destination R01, quantities applied for on 31 January 2003 are in excess of the available quantity, a percentage reduction should therefore be fixed for export licence applications submitted on 31 January 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 the destination R01 defined in the Annex to Regulation (EC) No 177/2003, applications for export licences for rice and broken rice with advance fixing of the refund submitted under that Regulation on 31 January 2003 shall give rise to the issue of licences for the quantities applied for to which a percentage reduction of 0,34 % has been applied.
Article 2
For the destination R01 defined in the Annex to Regulation (EC) No 177/2003, applications for export licences for rice and broken rice submitted from 1 February 2003 shall not give rise to the issue of export licences under that Regulation.
Article 3
This Regulation shall enter into force on 4 February 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 February 2003. | [
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COUNCIL DECISION
of 30 November 2009
providing macro-financial assistance to Armenia
(2009/890/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament,
After consulting the Economic and Financial Committee,
Whereas:
(1)
Relations between Armenia and the European Union (EU) are developing within the framework of the European Neighbourhood Policy. The EU and Armenia agreed on 14 November 2006 on a European Neighbourhood Policy Action Plan identifying medium-term priorities in EU-Armenia relations and related policies which are expected to lead to deeper economic integration. The framework of EU-Armenian relations is enhanced by the newly launched Eastern Partnership.
(2)
The Armenian economy has been increasingly hit by the international financial crisis since the second half of 2008, with declining output, falling fiscal revenues and rising external financing needs.
(3)
Armenia’s economic adjustment and recovery is supported by financial assistance of the International Monetary Fund (IMF). In March 2009, the Armenian authorities agreed with the IMF on a Stand-By Arrangement of USD 540 million to support the Armenian economy to achieve the necessary adjustment to the economic crisis.
(4)
Following a further deterioration of the economic situation and a necessary revision of the programme’s underlying economic assumptions as well as higher external financing needs, an agreement was reached between Armenia and the IMF for an increase of IMF resources of USD 250 million, which was approved on 22 June 2009 by the IMF Board.
(5)
The Community intends to provide in 2009 and 2010 European Neighbourhood and Partnership Instrument (ENPI) budget support grants of a total of EUR 32 million.
(6)
Armenia has requested additional Community macro-financial assistance in view of the worsening economic situation and outlook.
(7)
Given that a residual financing gap remains in the balance of payments in 2010, macro-financial assistance is considered an appropriate response to Armenia’s request under the current exceptional circumstances to support economic stabilisation in conjunction with the current IMF programme. The present financial assistance is also expected to contribute to alleviate budgetary financing needs.
(8)
In order to ensure efficient protection of the Community’s financial interests linked to the present financial assistance, it is necessary to provide for appropriate measures by Armenia related to the prevention of, and the fight against, fraud, corruption and any other irregularities linked to this assistance, as well as for controls by the Commission and audits by the Court of Auditors.
(9)
The release of the Community financial assistance is without prejudice to the powers of the budgetary authority.
(10)
This assistance should be managed by the Commission, in consultation with the Economic and Financial Committee.
(11)
The Treaty does not provide, for the adoption of this Decision, powers other than those of Article 308,
HAS DECIDED AS FOLLOWS:
Article 1
1. The Community shall make available to Armenia macro-financial assistance in the form of a loan facility and a grant with a view to supporting Armenia’s economic stabilisation and alleviating its balance of payments and budgetary needs as identified in the current IMF programme.
2. The loan component of this assistance shall amount to a maximum principal of EUR 65 million with a maximum maturity of 15 years. To this end, the Commission is empowered to borrow on behalf of the Community the necessary resources.
3. The grant component of this assistance shall amount to a maximum of EUR 35 million.
4. The release of the Community financial assistance shall be managed by the Commission, in close cooperation with the Economic and Financial Committee, in a manner consistent with the agreements or understandings reached between the IMF and Armenia.
5. The Community financial assistance shall be made available for two years starting from the first day after the entry into force of the Memorandum of Understanding referred to in Article 2(1). However, if circumstances so require, the Commission, after consultation of the Economic and Financial Committee, may decide to extend the availability period by a maximum of one year.
Article 2
1. The Commission shall agree with the authorities of Armenia, after consulting the Economic and Financial Committee, the economic policy conditions attached to the Community macro-financial assistance, to be laid down in a Memorandum of Understanding, a Grant Agreement and a Loan Agreement. The conditions shall be consistent with the agreements or understandings reached between the IMF and Armenia. The detailed financial terms of the assistance shall be laid down in the Grant and Loan Agreements to be agreed between the Commission and the authorities of Armenia.
2. During the implementation of the Community financial assistance, the Commission shall monitor the soundness of Armenia’s financial arrangements, administrative procedures, and internal and external control mechanisms which are relevant to such assistance.
3. The Commission shall verify at regular intervals that Armenia’s economic policies are in accordance with the objectives of the Community assistance and that the agreed economic policy conditions are being satisfactorily fulfilled. In doing so, the Commission shall coordinate closely with the IMF and the World Bank and, when required, with the Economic and Financial Committee.
Article 3
1. The Community financial assistance shall be made available by the Commission to Armenia in two instalments subject to the conditions of paragraph 2. The size of the instalments will be laid down in the Memorandum of Understanding.
2. The Commission shall decide on the release of the instalments subject to satisfactory implementation of the economic policy conditions agreed in the Memorandum of Understanding and in accordance with the terms of the assistance agreed in the Grant and Loan Agreements. The disbursement of the second instalment shall not take place earlier than three months after the release of the first instalment.
3. The Community funds shall be paid to the Central Bank of Armenia. Subject to provisions to be agreed in the Memorandum of Understanding, including a confirmation of residual budgetary financing needs, their counter-value in local currency may be transferred to the Treasury of Armenia as final beneficiary.
Article 4
1. The borrowing and the lending operations shall be carried out in euro using the same value date and shall not involve the Community in the transformation of maturities, in any exchange or interest rate risks, or in any other commercial risk.
2. The Commission shall take the necessary steps, if Armenia so requests, to ensure that an early repayment clause is included in the loan terms and conditions and that it may be exercised.
3. At the request of Armenia, and where circumstances permit an improvement of the interest rate of the loan, the Commission may refinance all or part of its initial borrowings or restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average maturity of the borrowing concerned or increasing the amount of capital outstanding at the date of the refinancing or restructuring.
4. All costs incurred by the Community which are related to the borrowing and lending operations included in this Decision shall be borne by Armenia.
5. The Economic and Financial Committee shall be kept informed of developments in the operations referred to in paragraphs 2 and 3.
Article 5
The Community financial assistance shall be implemented in accordance with the provisions of Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) and its implementing rules (2). In particular, the Memorandum of Understanding and the Grant and Loan Agreements to be agreed with the authorities of Armenia shall provide for appropriate measures by Armenia related to the prevention of, and the fight against, fraud, corruption and other irregularities affecting the assistance. They shall also provide for controls by the Commission, including the European Anti-Fraud Office (OLAF), with the right to perform on-the-spot checks and inspections, and for audits by the Court of Auditors, where appropriate, to be carried out on the spot.
Article 6
By 31 August of each year the Commission shall submit to the European Parliament and to the Council a report, including an evaluation of the implementation of this Decision in the preceding year. The report shall indicate the connection between the policy conditions as laid down in a Memorandum of Understanding pursuant to Article 2(1), Armenia’s on-going economic and fiscal performance, and the Commission’s decision to release the instalment of the assistance.
Article 7
This Decision shall take effect on the day of its publication in the Official Journal of the European Union.
Done at Brussels, 30 November 2009. | [
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Council Regulation (EC) No 2667/2000
of 5 December 2000
on the European Agency for Reconstruction
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament(1),
Whereas:
(1) Assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia has been implemented essentially under Regulation (EC) No 1628/96(2) and under Council Regulation (EC) No 3906/89 of 18 December 1989 on economic aid to certain countries of Central and Eastern Europe(3).
(2) Regulation (EC) No 1628/96, established the European Agency for Reconstruction.
(3) The Council adopted Regulation (EC) No 2666/2000(4), which lays down a single legal framework for Community assistance to those countries and repeals Regulation (EC) No 1628/96.
(4) The provisions governing the establishment and operation of the European Agency for Reconstruction should therefore be adapted to Regulation (EC) No 2666/2000 and incorporated in a new Regulation, and the appropriate changes made at the same time.
(5) The Feira European Council of 19 and 20 June 2000 emphasised that the European Agency for Reconstruction, as an authority implementing the future CARDS programme, should be allowed to use its full potential in order to achieve the goals set by the Cologne European Council of 3 and 4 June 1999.
(6) The Treaty does not provide, for the adoption of this Regulation, powers other than those under Article 308,
HAS ADOPTED THIS REGULATION:
Article 1
The Commission may delegate to an Agency implementation of the Community assistance provided for in Article 1 of Regulation (EC) No 2666/2000 to the Federal Republic of Yugoslavia.
The European Agency for Reconstruction, hereinafter referred to as the "Agency", shall be set up to that end with the aim of implementing this Community assistance.
Article 2
1. To achieve the objective laid down in the second subparagraph of Article 1, the Agency shall carry out the following tasks, within the limits of its powers and in accordance with the decisions taken by the Commission:
(a) gathering, analysing and communicating information to the Commission on:
(i) damage, the requirements for reconstruction and the return of refugees and displaced persons, and related initiatives taken by governments, local or regional authorities and the international community;
(ii) the urgent requirements of the communities concerned, taking account of the various population displacements and the possibilities for the return of those displaced;
(iii) the priority sectors and geographical areas requiring urgent assistance from the international community;
(b) preparing draft programmes for the reconstruction of the Federal Republic of Yugoslavia and the return of refugees and displaced persons in accordance with guidelines provided by the Commission;
(c) implementing the Community assistance referred to in Article 1, wherever possible in cooperation with the local population and where necessary by drawing on the services of operators selected by tender. The Commission may accordingly make the Agency responsible for all operations required to implement the programmes referred to in (b), including:
(i) drawing up terms of reference;
(ii) preparing and evaluating invitations to tender;
(iii) signing contracts;
(iv) concluding financing agreements;
(v) awarding contracts, in accordance with the provisions of this Regulation;
(vi) evaluating draft programmes referred to in (b);
(vii) checking implementation of the draft programmes referred to in (b);
(viii) effecting payments.
2. The Board of Management referred to in Article 4 shall be kept informed on the implementation of the tasks listed in paragraph 1. It shall where necessary adopt recommendations which shall be communicated to the Commission and brought to the attention of the CARDS Committee set up by Article 10 of Regulation (EC) No 2666/2000.
3. Without prejudice to any operations cofinanced in the framework of the responsibilities entrusted to the Agency under Article 1, the Agency may implement reconstruction programmes, programmes for the restoration of civil society and the rule of law and programmes providing aid for the return of refugees and displaced persons which the Member States and other donors entrust to it, inter alia under the arrangements for cooperation established by the Commission with the World Bank, international financial institutions and the European Investment Bank (EIB).
Such implementation shall be subject to the following conditions:
(a) the financing must be provided in full by the other donors;
(b) the financing must cover any associated administrative costs;
(c) the duration thereof must be compatible with the deadline for winding up the Agency set in Article 14.
4. The Commission may also entrust the Agency with following up (including monitoring, evaluation and auditing) decisions regarding support for the United Nations Interim Mission in Kosovo (UNMIK) taken within the framework of Regulation (EC) No 1080/2000(5).
Article 3
The Agency shall have legal personality. It shall enjoy in each of the Member States the most extensive legal capacity accorded to legal persons under their laws. It may, in particular, acquire or dispose of movable and immovable property and be a party to legal proceedings. The Agency shall be non-profit-making.
The Agency may establish operational centres with a considerable degree of management autonomy.
The Agency's general services shall be located at its seat in Thessaloniki.
Article 4
1. The Agency shall have a Governing Board composed of one representative from each Member State and two representatives of the Commission.
2. The Member State representatives shall be appointed by the Member State concerned, paying due regard to experience and qualifications relevant to the Agency's activities.
3. The term of office of representatives shall be thirty months.
4. The Governing Board shall be chaired by a Commission representative. The Chairman shall not vote.
5. The EIB shall appoint a non-voting observer.
6. The Governing Board shall adopt its rules of procedure.
7. The Commission and Member State representatives on the Governing Board shall each have one vote.
Governing Board decisions shall be adopted by a two-thirds majority.
8. The Governing Board shall determine by unanimous decision the rules governing the languages used by the Agency.
9. The Governing Board shall be convened by the Chairman whenever necessary, and at least once every three months. It shall also be convened at the request of the Agency's Director or at least a simple majority of its members.
10. The Governing Board shall be kept informed by the Director of the strategy framework, the multiannual programme and the annual action programme referred to in Article 3(1) of Regulation (EC) No 2666/2000, which shall include Community assistance to the Federal Republic of Yugoslavia as well as the list of projects to be implemented.
11. The Director shall regularly report to the Governing Board on the progress of implementation of projects. The Governing Board may then approve recommendations concerning:
(a) conditions for implementation and proper execution of projects
(b) possible adjustments to projects currently being executed
(c) individual projects which may be particularly sensitive.
12. The Director shall regularly report to the Governing Board on the functioning and activities of the operational centres set up in accordance with Article 3. The Governing Board may approve recommendations to this effect.
13. On a proposal from the Director, the Governing Board shall decide on:
(a) arrangements for evaluating the implementation and proper execution of projects;
(b) proposals for programmes by the other donors referred to in Article 2(3) for possible implementation by the Agency;
(c) setting the multiannual contractual framework with the provisional authority responsible for the administration of Kosovo, for implementation of the Community assistance referred to in Article 1(3) of Regulation (EC) No 2666/2000;
(d) whether representatives of the countries and organisations delegating implementation of their programmes to the Agency should be present as observers on the Governing Board;
(e) the establishment of new operational centres in accordance with the second subparagraph of Article 3.
14. The Governing Board shall present a draft annual report to the Commission by 31 March each year at the latest on the Agency's activities in the previous year and how they were financed.
The Commission shall adopt the annual report and submit it to the European Parliament and the Council.
Article 5
1. The Director of the Agency shall be appointed by the Governing Board on a proposal from the Commission for a term of office of thirty months. The term of office may be terminated by the same procedure.
The Director shall be responsible for:
(a) preparing the draft annual action programme referred to in Article 4(1)(b) of Regulation (EC) No 2666/2000 and its implementation;
(b) preparation and organisation of the work of the Governing Board and regularly informing the Board;
(c) informing the Governing Board of invitations to tender, procurement and contracts;
(d) day-to-day administration of the Agency;
(e) preparation of the statement of revenue and expenditure and execution of the Agency's budget;
(f) preparation and publication of the reports specified in this Regulation;
(g) all staff matters;
(h) implementation of the Governing Board's decisions and guidelines laid down for the Agency's activities.
2. The Director shall be accountable to the Governing Board for his activities and shall attend its meetings.
3. The Director shall be the legal representative of the Agency.
4. The Director shall hold the power of Appointing Authority.
5. The Director shall present a quarterly activity report to the European Parliament.
Article 6
1. Estimates of all the Agency's revenue and expenditure shall be prepared for each financial year, which shall correspond to the calendar year, and shall be shown in the Agency's budget, which shall include an establishment plan.
2. The revenue and expenditure shown in the Agency budget shall be in balance.
3. The Agency's revenue shall comprise, without prejudice to other types of income, a subsidy from the general budget of the European Union, payments made as remuneration for services performed and funding from other sources.
4. The budget shall also include details of any funds made available by the recipient countries themselves for projects receiving financial assistance from the Agency.
Article 7
1. The Director shall establish each year a draft budget for the Agency covering administrative expenditure and operational expenditure for the following financial year, and shall submit it to the Governing Board.
2. On this basis, the Governing Board shall adopt a draft budget for the Agency by 15 February of each year at the latest, and shall submit it to the Commission.
3. The Commission shall assess the draft budget of the Agency having regard to the priorities it has established and the overall financial guidelines for Community assistance for the reconstruction of the Federal Republic of Yugoslavia.
It shall establish, on this basis and within the proposed limits of the overall amount to be made available for Community assistance to the Federal Republic of Yugoslavia, the indicative annual contribution to the Agency budget to be included in the preliminary draft general budget of the European Union.
4. The Governing Board, after receiving the opinion of the Commission, shall adopt the budget of the Agency at the beginning of each financial year, adjusting it to the various contributions granted to the Agency and to funds from other sources. The budget shall also specify the number, grade and category of staff employed by the Agency during the financial year in question.
5. For reasons of budgetary transparency, funds from sources other than the Community budget shall be entered separately in the Agency's revenue. In the expenditure section, administrative and staff costs shall be clearly separated from the operational costs of the programmes referred to in the first subparagraph of Article 2(3).
Article 8
1. The Director shall implement the budget of the Agency.
2. The competent departments of the Commission shall be responsible for financial checks.
3. By 31 March each year at the latest, the Director shall submit to the Commission, the Governing Board and the Court of Auditors the detailed accounts of all revenue and expenditure from the previous financial year.
The Court of Auditors shall examine the accounts in accordance with Article 248 of the Treaty. It shall publish a report on the Agency's activities every year.
4. On a recommendation from the Council, the European Parliament shall give a discharge to the Director in respect of the implementation of the Agency's budget.
Article 9
The Governing Board, having received the agreement of the Commission and the opinion of the Court of Auditors, shall adopt the Agency's Financial Regulation, specifying in particular the procedure to be used for drawing up and implementing the Agency's budget, in accordance with Article 142 of the Financial Regulation of the Council of 21 December 1977 applicable to the general budget of the European Communities(6).
Article 10
The Agency's staff shall be subject to the rules and regulations applicable to officials and other servants of the European Communities. The Governing Board, in agreement with the Commission, shall adopt the necessary implementing rules.
The Agency's staff shall consist of a strictly limited number of officials assigned or seconded by the Commission or Member States to carry out management duties. The remaining staff shall consist of other employees recruited by the Agency for a period strictly limited to its requirements.
Article 11
The translation services necessary for the operation of the Agency shall, as a rule, be provided by the Translation Centre of the bodies of the European Union.
Article 12
The Governing Board shall decide on the Agency's accession to the Interinstitutional Agreement on internal investigations by the European Anti-Fraud Office (OLAF). It shall adopt the provisions necessary for the conduct of internal investigations by OLAF.
Financing decisions and any implementing instrument or contract arising therefrom shall expressly provide that the Court of Auditors and OLAF may, if necessary, carry out on-the-spot checks on recipients of Agency funds and on the intermediaries distributing them.
Article 13
1. The contractual liability of the Agency shall be governed by the law applicable to the contract in question.
2. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to laws of the Member States, make good any damage caused by the Agency or its servants in the performance of their duties.
The Court of Justice shall have jurisdiction in disputes relating to compensation for any such damage.
3. The personal liability of servants towards the Agency shall be governed by the relevant provisions applying to the staff of the Agency.
Article 14
Once the Commission considers that the Agency has fulfilled the mandate described in Article 1, it shall submit to the Council a proposal for the winding up of the Agency. In any event, on 30 June 2004 at the latest, the Commission shall submit to the Council an evaluation report on the application of this Regulation and a proposal on the status of the Agency.
Article 15
The Commission may delegate to the Agency the execution of the Community assistance decided upon for the Federal Republic of Yugoslavia under Regulation (EC) No 1628/96.
Article 16
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply until 31 December 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION DECISION
of 20 December 2007
approving the pre-export checks carried out by the United States of America on peanuts and derived products thereof as regards the presence of aflatoxins
(notified under document number C(2007) 6451)
(Text with EEA relevance)
(2008/47/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 23 thereof,
Whereas:
(1)
Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (2) lays down permitted maximum levels of aflatoxins in foodstuffs. Only foodstuffs complying with the maximum level may be placed on the market.
(2)
Regulation (EC) No 882/2004 provides that Member States shall ensure that official controls are carried out regularly, on a risk basis and with appropriate frequency as to achieve the objectives of the Regulation, that is, inter alia, preventing, eliminating or reducing to acceptable levels risks to humans and animals.
(3)
Article 23 of Regulation (EC) No 882/2004 provides that pre-export checks carried out by a third country on feed and food immediately prior to export to the Community with a view of verifying that the exported products comply with the Community requirements may be approved.
(4)
Such an approval may only be granted to a third country after a Community audit has shown that feed or food exported to the Community meets Community requirements or equivalent requirements and that the controls carried out in the third country prior to dispatch are considered sufficiently effective and efficient as to replace or reduce the documentary, identity and physical checks laid down in Community law.
(5)
The United States of America have submitted to the Commission in April 2005 an application for obtaining an approval of the pre-export checks performed by the competent authorities of the United States of America on the aflatoxin contamination in peanuts and derived products intended for export to the Community.
(6)
The Commission Food and Veterinary Office (FVO) carried out a mission in the United States of America from 18 to 22 September 2006 in order to assess the control systems in place to prevent aflatoxin contamination levels in peanuts and derived products and to verify that pre-export checks for these products exported to the Community ensure that these products comply with Community requirements. It was concluded that the United States of America have a well defined control system for aflatoxins levels in peanuts and well performing approved laboratories. The competent authorities of the United States of America have committed and taken action to address the minor deficiencies observed.
(7)
It is therefore appropriate to grant approval of pre-export checks carried out by the United States of America on peanuts and derived products ensuring compliance with the Community maximum levels of aflatoxins.
(8)
Member States are required by Article 16(2) of Regulation (EC) No 882/2004 to adjust the frequency of physical checks on imports to the risk associated with different categories of food and taking into account, among other things, the guarantees provided by the competent authorities of the third country of origin of the food in question. Systematic pre-export checks carried out under the authority of the USDA in conformity with the Community approval in accordance with Article 23 of Regulation (EC) No 882/2004 provide to the Member States’ authorities strong guarantees. As a consequence, Member States should reduce the frequency of physical checks performed on those commodities to a level appropriate to those guarantees.
(9)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Approval of pre-export checks
The pre-export checks as regards aflatoxins carried out by the United States Department of Agriculture (USDA) of the United States of America immediately prior to export to the Community, are approved for the following foodstuffs and derived products thereof (hereafter referred to as foodstuffs):
(a)
peanuts falling within CN code 1202 10 90 or 1202 20 00;
(b)
peanuts falling within CN code 2008 11 94 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg);
(c)
roasted peanuts falling within CN codes 2008 11 92 (in immediate packings of a net content exceeding 1 kg) or 2008 11 96 (in immediate packings of a net content not exceeding 1 kg).
The approval of pre-export checks applies only to peanuts listed in the first paragraph, which were produced on the territory of the United States of America.
Article 2
Conditions for approval of pre-export checks
1. The consignment shall be accompanied by:
(a)
the results of sampling and analysis performed by a USDA approved laboratory carried out in accordance with or equivalent to the provisions of Commission Regulation (EC) No 401/2006 of 23 February 2006 laying down the methods of sampling and analysis for the official control of mycotoxins in foodstuffs (3);
(b)
a certificate (4) set out in the Annex, completed, signed and verified by an authorised representative of the USDA for foodstuffs from the United States of America.
2. Each consignment of foodstuffs shall be identified with a code which corresponds to the code on the report of the results of the sampling and analysis and on the certificate referred to in point (b) of the first paragraph. Each individual bag, or other packaging form, of the consignment shall be identified with that code.
3. The certificate provided for in point (b) of the first paragraph shall only be valid for imports of foodstuffs into the Community no later than four months from the date of issue of the certificate.
Article 3
Splitting of a consignment
If a consignment is split, copies of the certificate provided for in Article 2(1)(b) and certified by the competent authority of the Member State on whose territory the splitting has taken place, shall accompany each part of the split consignment up to and including the wholesale stage. Certified copies of the certificate can also be provided by the competent authority at the moment of the release for free circulation in case the food business operator indicates to have the intention to split the consignment.
Article 4
Official controls
The documentary check, as referred to in Article 16(1) of Regulation (EC) No 882/2004, shall be performed at the point of first arrival in the Community and evidence of this check will accompany the consignment.
In accordance with the provisions of Article 16 paragraph 2(d) and Article 23 paragraph 2 of Regulation (EC) No 882/2004, the frequency of the physical checks on the consignments of foodstuffs referred to in Article 1 of this Regulation to be carried out by the Member States shall be significantly reduced on the condition that the provisions of Article 2 of this Regulation are complied with.
Article 5
This Decision shall apply from 1 December 2007.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 20 December 2007. | [
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Commission Regulation (EC) No 146/2004
of 28 January 2004
opening a standing invitation to tender for the resale on the Community market of wheat held by the Danish intervention agency
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 5 thereof,
Whereas:
(1) Commission Regulation (EEC) No 2131/93 of 28 July 1998 laying down the procedure and conditions for the sale of cereals held by intervention agencies(2) provides in particular that cereals held by intervention agencies are to be sold by tendering procedure at prices preventing market disturbance.
(2) Denmark still has intervention stocks of wheat.
(3) Because of the difficult weather conditions in much of the Community, cereals production has been significantly reduced in the 2003/04 marketing year. This situation has resulted in high prices locally, causing particular difficulties for livestock holdings and the feedingstuffs industry, which are finding it hard to obtain supplies at competitive prices.
(4) It is therefore appropriate to make stocks of wheat held by the Danish intervention agency available on the internal market.
(5) To take account of the situation on the Community market, provision should be made for the Commission to manage this invitation to tender.
(6) When the Danish intervention agency notifies the Commission, the tenderers should remain anonymous.
(7) With a view to modernising management, the information required by the Commission should be sent by electronic mail.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The Danish intervention agency shall open a standing invitation to tender for the sale on the Community market of 92765 tonnes of wheat held by it.
Article 2
The sale provided for in Article 1 shall take place in accordance with Regulation (EEC) No 2131/93.
However, notwithstanding that Regulation:
(a) tenders shall be drawn up on the basis of the actual quality of the lot to which they apply;
(b) the minimum selling price shall be set at a level which does not disturb the cereals market.
Article 3
Notwithstanding Article 13(4) of Regulation (EEC) No 2131/93 the tender security is set at EUR 10 per tonne.
Article 4
1. The closing date for the submission of tenders for the first partial invitation to tender shall be 5 February 2004 at 09.00 (Brussels time).
The closing dates for the submission of tenders for subsequent partial invitations to tender shall be each Thursday at 09.00 (Brussels time), with the exception of 8 April and 20 May 2004.
The closing date for the submission of tenders for the last partial tendering procedure shall be 24 June 2004 at 09.00 (Brussels time).
2. Tenders must be lodged with the Danish intervention agency: Direktoratet For Fødevare Erhverv Nyropsgade 30 DK - 1780 København Fax: (45-33) 95 80 34
Article 5
Within two hours of the expiry of the time limit for the submission of tenders, the Danish intervention agency shall notify the Commission of tenders received. They must be sent by electronic mail in accordance with the form set out in the Annex.
Article 6
In accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92, the Commission shall set the minimum sale price or decide not to accept the tenders.
Article 7
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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Directive 2003/17/EC of the European Parliament and of the Council
of 3 March 2003
amending Directive 98/70/EC relating to the quality of petrol and diesel fuels
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the Opinion of the European Economic and Social Committee(2),
After consultation of the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 20 January 2003,
Whereas:
(1) Directive 98/70/EC(4) lays down the environmental specifications for market fuels.
(2) Article 95 of the Treaty provides that Commission proposals having as their object the establishment and functioning of the internal market and concerning, inter alia, health and environmental protection, will take as a base a high level of protection and that the European Parliament and the Council will also seek to achieve this objective.
(3) A revision of Directive 98/70/EC is foreseen in order to meet the requirements of Community air quality standards and related objectives and in order to incorporate additional specifications to complement those mandatory specifications already laid down in Annex III and Annex IV to the Directive.
(4) A reduction of the sulphur content of petrol and diesel fuels has been identified as a means of contributing to the achievement of those objectives.
(5) The adverse effect of sulphur in petrol and diesel fuels on the effectiveness of catalytic exhaust gas after-treatment technologies is well established for on-road vehicles and increasingly in the case of non-road mobile machinery.
(6) Road vehicles are increasingly reliant upon catalytic after-treatment devices to attain the emissions limits laid down in Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles(5) and Council Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles(6). Accordingly a reduction in the sulphur content of petrol and diesel fuels is likely to have a larger impact on exhaust emissions than changes to the other fuel parameters.
(7) The introduction of fuels with a maximum sulphur content of 10 mg/kg will improve the fuel efficiency attainable with new, emerging vehicle technologies and should be examined in the case of non-road mobile machinery and should lead to significant reductions in emissions of conventional air pollutants when used in existing vehicles. These benefits will compensate for the increased emissions of CO2 associated with the production of lower sulphur petrol and diesel fuels.
(8) It is therefore appropriate to lay down measures ensuring the introduction and availability of fuels with a maximum sulphur content of 10 mg/kg. In this regard fiscal incentives have been shown to be effective in promoting the early introduction of higher quality fuels according to national needs and priorities and to shorten the transition period where two different qualities are distributed in the market. The use of fiscal measures, at the appropriate national or Community level, should be promoted and encouraged.
(9) The widespread availability of fuels with a maximum sulphur content of 10 mg/kg will provide a basis for automobile manufacturers to make significant additional progress towards improving the fuel efficiency of new vehicles. The potential contribution of fuels with a maximum sulphur content of 10 mg/kg towards the attainment of the Community's target of 120 g/km for the average CO2 emissions of the new car fleet will be assessed when the current environmental commitments with the automobile manufacturers are reviewed in 2003.
(10) It is necessary to ensure that sufficient quantities of petrol and diesel fuels with a maximum sulphur content of 10 mg/kg are available from 1 January 2005 on an appropriately balanced geographical basis in order to permit the free circulation of new vehicles requiring these fuels whilst ensuring that CO2 emissions reductions from new vehicles outweigh those additional emissions associated with the production of these fuels.
(11) The complete penetration of petrol and diesel fuels with a maximum sulphur content of 10 mg/kg should be provided for from 1 January 2009 in order to allow the fuel manufacturing industry enough time to make the necessary investments to adapt its production plans. In addition, the full introduction of petrol and diesel fuels with a maximum sulphur content of 10 mg/kg from 1 January 2009 will reduce emissions of conventional pollutants from the existing fleet of vehicles leading to an improvement in air quality, whilst ensuring that there is no overall increase in greenhouse gas emissions. In this context it will be necessary to confirm this date in the case of diesel fuels no later than 31 December 2005.
(12) In order to protect human health and/or the environment in specific agglomerations or in specific ecologically or environmentally sensitive areas with special pollution problems, Member States should be permitted, subject to a procedure established in this Directive, to require that fuels may be marketed only if they comply with more stringent environmental specifications, related to pollutants of concern, than those established under this Directive. This procedure is a derogation from the information procedure laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services(7).
(13) The emissions from engines installed in non-road mobile machinery and agricultural and forestry tractors have to comply with the limits stipulated in Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery(8) and in Directive 2000/25/EC of the European Parliament and of the Council of 22 May 2000 on action to be taken against the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors(9). Attainment of these emission limits will become increasingly dependent upon the quality of the gas oils used by these engines and so it is important to include a definition for such fuels in Directive 98/70/EC.
(14) It is appropriate to provide for a uniform system of fuel quality monitoring or national systems that ensure results of equivalent confidence and for systems of reporting in order to assess compliance with the mandated environmental fuel quality specifications.
(15) A procedure should be laid down for updating the measurement methods used to ensure compliance with the mandated fuel quality specifications.
(16) The measures necessary for the implementation of Directive 98/70/EC should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down procedures for the exercise of implementing powers conferred on the Commission(10).
(17) Provision should be made for a review of the provisions in Directive 98/70/EC in order to take account of new Community air quality legislation and related environmental objectives, such as the need to encourage alternative fuels, including biofuels, the development of new pollution abatement technologies and the impact of metallic additives and other relevant issues on their performance and to confirm, or otherwise, the date for full introduction of diesel fuels with a maximum sulphur content of 10 mg/kg in order to ensure that there is no overall increase in emissions of greenhouse gases.
(18) A comprehensive review of alternative fuels, including biofuels, should be undertaken, including the discussion of the need for specific legislation.
(19) Member States should lay down rules on penalties applicable to infringements of the provisions of Directive 98/70/EC and ensure that they are implemented.
(20) Directive 98/70/EC should therefore be amended accordingly,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Directive 98/70/EC is hereby amended as follows:
1. Article 2 shall be replaced by the following:
"Article 2
Definitions
For the purposes of this Directive:
1. 'petrol' means any volatile mineral oil intended for the operation of internal combustion positive-ignition engines for the propulsion of vehicles and falling within CN codes 2710 11 41, 2710 11 45, 2710 11 49, 2710 11 51 and 2710 11 59 (11);
2. 'diesel fuels' means gas oils falling within CN code 2710 19 41 (12) and used for self-propelling vehicles as referred to in Directive 70/220/EEC and Directive 88/77/EEC;
3. 'gas oils intended for use by non-road mobile machinery and agricultural and forestry tractors' means any petroleum-derived liquid, falling within CN codes 2710 19 41 and 2710 19 45 (13), intended for use in engines referred to in Directives 97/68/EC(14) and 2000/25/EC(15);
4. 'outermost regions' means France with regard to the French overseas departments, Portugal with regard to the Azores and Madeira, and Spain with regard to the Canary Islands.
For Member States with arctic or severe winter conditions the maximum distillation point of 65 % at 250 °C for diesel fuels and gas oils may be replaced with a maximum distillation point of 10 % (vol/vol) at 180 °C.";
2. the following subparagraphs shall be added to Article 3(2):
"(d) Without prejudice to the provisions of subparagraph (c), Member States shall take all necessary measures to ensure that in due time, and no later than 1 January 2005, unleaded petrol with a maximum sulphur content of 10 mg/kg is marketed within their territories. Member States shall ensure that such unleaded petrol is available on an appropriately balanced geographical basis and complies in all other respects with the specifications set out in Annex III.
However, Member States may, for the outermost regions, make specific provisions for the introduction of petrol of a maximum sulphur content of 10 mg/kg. Member States making use of this provision shall inform the Commission accordingly. The Commission shall develop guidance for recommending what, for the purposes of this subparagraph, constitutes availability on an appropriately balanced geographical basis.
(e) By no later than 1 January 2009, Member States shall ensure that unleaded petrol may be marketed in their territory only if it complies with the environmental specification set out in Annex III except for the sulphur content which shall be a maximum of 10 mg/kg.";
3. in Article 4:
(a) the following subparagraphs shall be added to paragraph 1:
"(d) Without prejudice to the provisions of subparagraph (c), Member States shall take all necessary measures to ensure that in due time, and no later than 1 January 2005, diesel fuel with a maximum sulphur content of 10 mg/kg is marketed within their territories. Member States shall ensure that such diesel fuel is available on an appropriately balanced geographical basis and complies in all other respects with the specifications set out in Annex IV.
However, Member States may, for the outermost regions, make specific provisions for the introduction of diesel fuel of a maximum sulphur content of 10 mg/kg. Member States making use of this provision shall inform the Commission accordingly.
(e) By no later than 1 January 2009, Member States shall ensure, subject to the provisions of Article 9(1)(a), that diesel fuel may be marketed in their territory only if it complies with the environmental specification set out in Annex IV except for the sulphur content which shall be a maximum of 10 mg/kg.";
(b) the following paragraph shall be added:
"5. Member States shall ensure that gas oils intended for use by non-road mobile machinery and agricultural and forestry tractors marketed within their territory contain less than 2000 mg/kg of sulphur. By 1 January 2008 at the latest, the maximum permissible sulphur content of gas oils intended for use by non-road mobile machinery and agricultural and forestry tractors shall be 1000 mg/kg. However, Member States may require a lower limit or the same sulphur content for diesel fuels stipulated in this Directive.";
4. in Article 6:
(a) paragraph 1 shall be replaced by the following:
"1. By way of derogation from Articles 3, 4 and 5 and in accordance with Article 95(10) of the Treaty, a Member State may take measures to require that in specific areas, within its territory, fuels may be marketed only if they comply with more stringent environmental specifications than those provided for in this Directive for all or part of the vehicle fleet with a view to protecting the health of the population in a specific agglomeration or the environment in a specific ecologically or environmentally sensitive area in that Member State, if atmospheric or ground water pollution constitutes, or may reasonably be expected to constitute, a serious and recurrent problem for human health or the environment.";
(b) paragraph 3 shall be replaced by the following:
"3. The Member States involved shall provide the Commission with relevant environmental data for the agglomeration or area in question as well as the predicted effects on the environment of the measures proposed.";
(c) paragraphs 7 and 8 shall be deleted;
5. Article 8 shall be replaced by the following:
"Article 8
Monitoring compliance and reporting
1. Member States shall monitor compliance with the requirements of Articles 3 and 4, in respect of petrol and diesel fuels, on the basis of the analytical methods referred to in European standards EN 228:1999 and EN 590:1999 respectively.
2. Member States shall establish a fuel quality monitoring system in accordance with the requirements of the relevant European standard. The use of an alternative fuel quality monitoring system may be permitted provided that such a system ensures results of equivalent confidence.
3. Each year by 30 June, the Member States shall submit a report of national fuel quality data for the preceding calendar year. The first report shall be submitted by 30 June 2002. From 1 January 2004, the format for this report shall be consistent with that described in the relevant European standard. In addition, Member States shall report the total volumes of petrol and diesel fuels marketed in their territories and the volumes of unleaded petrol and diesel fuels marketed with a maximum sulphur content of 10 mg/kg. Furthermore, Member States shall report annually on the availability on an appropriately balanced geographical basis of petrol and diesel fuels with a maximum sulphur content of 10 mg/kg that are marketed within their territory.
4. The Commission shall ensure that the information submitted pursuant to paragraph 3 is promptly made available by appropriate means. The Commission shall publish annually, and for the first time by 31 December 2003, a report on actual fuel quality in the different Member States and geographical coverage of fuels with a maximum sulphur content of 10 mg/kg, aiming to provide an overview of the fuels quality data in the different Member States.";
6. Article 9 shall be replaced by the following:
"Article 9
Review process
1. By 31 December 2005 at the latest, the Commission shall review the fuel specifications of Annexes III and IV with the exception of sulphur content and propose amendments, if appropriate, in keeping with current and future requirements of Community vehicle emission and air quality legislation and related objectives. In particular, the Commission shall consider:
(a) the necessity of any change to the end date for the full introduction of diesel fuel, with a maximum sulphur content of 10 mg/kg, in order to ensure that there is no overall increase in greenhouse gas emissions. This analysis shall consider developments in refinery processing technologies, expected fuel economy improvements of vehicles and the rate at which new fuel-efficient technologies are introduced into the vehicle fleet;
(b) the implications of new Community legislation setting air quality standards for substances such as polycyclic aromatic hydrocarbons;
(c) the outcome of the review described in Article 10 of Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air(16);
(d) the outcome of the review of the various commitments by the Japanese(17), Korean(18) and European(19) automobile manufacturers to reduce the fuel consumption and carbon dioxide emissions of new passenger cars in the light of the fuel quality changes introduced by this Directive and progress towards the Community target of 120 g/km CO2 emissions for the average vehicle;
(e) the outcome of the review required by Article 7 of Directive 1999/96/EC of the European Parliament and of the Council of 13 December 1999 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/EEC(20) and the confirmation of the mandatory NOx emission standard for heavy duty engines;
(f) the effective functioning of new pollution abatement technologies and the impact of metallic additives and other relevant issues on their performance and developments affecting international fuel markets;
(g) the need to encourage the introduction of alternative fuels, including biofuels, as well as the need to introduce modifications to other parameters in the fuel specifications, both for conventional and for alternative fuels, for example the modifications to the maximum volatility limits for petrol contained in this Directive required for their application to blends of bioethanol with petrol and any subsequent necessary changes to EN 228:1999.
2. When considering its proposal for the next stage of emission standards for compression ignition engines in non-road applications, the Commission shall establish in parallel the required fuel quality. In so doing, the Commission shall take into account the importance of the emissions from this sector, the overall environmental and health benefits, the implications in the Member States regarding fuel distribution and the costs and benefits of a more restrictive sulphur level than is currently required for fuel used in compression ignition engines in non-road applications, and shall then align appropriate fuel quality requirements for non-road applications with the on-road sector by a certain date, currently expected to be 1 January 2009, to be confirmed or amended by the Commission in its review in 2005.
3. In addition to the provisions of paragraph 1 the Commission may, inter alia, bring forward:
- proposals taking into consideration the particular situation of captive fleets and the need to propose levels of specifications for the special fuels they use,
- proposals setting levels of specifications applicable to liquid petroleum gas, natural gas and biofuels.";
7. the following Article shall be inserted:
"Article 9a
Penalties
Member States shall determine the penalties applicable to breaches of the national provisions adopted pursuant to this Directive. The penalties determined must be effective, proportionate and dissuasive.";
8. the first subparagraph of Article 10 shall be replaced by the following:
"1. The measurement methods to be applied in relation to the parameters specified in Annexes I and III shall be those analytical methods set out in European standard EN 228:1999. The measurement methods to be applied in relation to the parameters specified in Annexes II and IV shall be those analytical methods set out in European standard EN 590:1999. Member States may adopt the analytical methods specified in replacement EN 228:1999 or EN 590:1999 standards, as appropriate, if they can be shown to give at least the same accuracy and at least the same level of precision as the analytical methods they replace. In the event that adaptation of the permitted analytical methods to technical progress is necessary, amendments may be adopted by the Commission in accordance with the procedure referred to in Article 11(2).";
9. Article 11 shall be replaced by the following:
"Article 11
Committee procedure
1. The Commission shall be assisted by the Committee established in accordance with Article 12 of Directive 96/62/EC(21).
2. Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down procedures for the exercise of implementing powers conferred upon the Commission(22) shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its Rules of Procedure.";
10. Annexes I to IV shall be replaced by the text in the Annex to this Directive.
Article 2
Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2003. They shall forthwith inform the Commission thereof.
Member States shall apply these measures from 1 January 2004.
When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
Article 3
This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
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Council Decision
of 30 March 2000
authorising the Kingdom of the Netherlands to apply a reduced rate of excise duty to certain mineral oils, when used for specific purposes, in accordance with the procedure provided for in Article 8(4) of Directive 92/81/EEC
(2000/266/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) Pursuant to Article 8(4) of Directive 92/81/EEC, the Council, acting unanimously on a proposal from the Commission may authorise any Member State to introduce further exemptions or reductions in the excise duty charged on mineral oils for specific policy considerations.
(2) The Dutch authorities have informed the Commission theat they wish to apply a differential rate of excise duty for LPG used by waste-collection, drain-suction and street-cleaning vehicles as part of a plan to reduce NOx emissions in the urban environment by reducing the use of diesel fuel.
(3) The other Member States have been informed thereof.
(4) The Commission and all the Member States accept that the application of a differential rate of excise duty for LPG used by the said vehicles will not give rise to distortions of competition or hinder the operation of the internal market.
(5) The Commission regularly reviews reductions and exemptions to check that they are compatible with the operation of the internal market or with Community policy on the protection of the environment.
(6) The Kingdom of the Netherlands has requested authorisation to apply a differential rate of excise duty for LPG used by waste-collection, drain-suction and street-cleaning vehicles of NLG 125,56 per 1000 kg from 1 May 2000. The Council is to review its application on the basis of a proposal from the Commission no later than 31 December 2002, when the authorisation granted by this Decision expires,
HAS ADOPTED THIS DECISION:
Article 1
In accordance with Article 8(4) of Directive 92/81/EEC and notwithstanding the obligations imposed by Council Directive 92/82/EEC of 19 October 1992 on the approximation of the rates of excise duties on mineral oils(2), and in particular the minimum rates laid down in Article 7 thereof, the Kingdom of the Netherlands is hereby authorised to apply a differential rate of excise duty for LPG used by waste-collection, drain-suction and street-cleaning vehicles from 1 May 2000 to 31 December 2002.
Article 2
This Decision is addressed to the Kingdom of the Netherlands.
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Commission Decision
of 26 March 2001
approving the single programming document for Community structural assistance under Objective 2 in the region of North West England in the United Kingdom
(notified under document number C(2001) 659)
(Only the English text is authentic)
(2002/715/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1), and in particular Article 15(5) thereof,
After consultation of the Committee on the Development and Conversion of Regions,
Whereas:
(1) Article 13 et seq. of Title II of Regulation (EC) No 1260/1999 lay down the procedure for preparing and implementing single programming documents.
(2) Article 15(1) and (2) of Regulation (EC) No 1260/1999 provides that, after consultation with the partners referred to in Article 8 of the Regulation, the Member State may submit to the Commission a development plan which is treated as a draft single programming document, and which contains the information referred to in Article 16 of the Regulation
(3) Under Article 15(5) of Regulation (EC) No 1260/1999, on the basis of the regional development plan submitted by the Member State and within the partnership established in accordance with Article 8 of the Regulation, the Commission shall take a decision on the single programming document, in agreement with the Member State concerned and in accordance with the procedures laid down in Articles 48 to 51.
(4) The United Kingdom Government submitted to the Commission on 14 April 2000 an acceptable draft single programming document for the North West England region fulfilling the conditions for Objective 2 pursuant to Article 4(1) and qualifying for transitional support pursuant to Article 6(2) of Regulation (EC) No 1260/1999. The draft contains the information listed in Article 16 of the Regulation, and in particular a description of the priorities selected and an indication of the financial contribution from the European Regional Development Fund (ERDF), the European Investment Bank (EIB) and the other financial instruments proposed for implementing the plan.
(5) Under Article 52(4) of Regulation (EC) No 1260/1999, as an acceptable plan was submitted between 1 January and 30 April 2000, the date from which expenditure under the plan is eligible shall be 1 January 2000. Under Article 30 of the Regulation, it is necessary to lay down the final date for the eligibility of expenditure.
(6) The single programming document has been drawn up in agreement with the Member State concerned and within the partnership.
(7) The Commission has satisfied itself that the single programming document is in accordance with the principle of additionality.
(8) Under Article 10 of Regulation (EC) No 1260/1999, the Commission and the Member State are required to ensure, in a manner consistent with the principle of partnership, coordination between assistance from the Funds and from the EIB and other existing financial instruments.
(9) The EIB has been involved in drawing up the single programming document in accordance with the provisions of Article 15(5) of Regulation (EC) No 1260/1999 and has declared itself prepared to contribute to its implementation in conformity with its statutory provisions.
(10) The financial contribution from the Community available over the entire period and its year-by-year breakdown are expressed in euro. The annual breakdown must be consistent with the relevant financial perspective. Under Article 7(7) of Regulation (EC) No 1260/1999, the Community contribution has already been indexed at a rate of 2 % per year. Under Article 7(7) and Article 44(2) of the Regulation, the Community contribution may be reviewed at mid-term, and not later than 31 March 2004, to take account of the effective level of inflation and the allocation of the performance reserve.
(11) Provision must be made for adapting the financial allocations of the priorities of this single programming document within certain limits to actual requirements reflected by the pattern of implementation on the ground, in agreement with the Member State concerned.
HAS ADOPTED THIS DECISION:
Article 1
The single programming document for Community structural assistance under Objective 2 in the North West England region of the United Kingdom for the period 1 January 2000 to 31 December 2005 for transitional areas and 1 January 2000 to 31 December 2006 for fully eligible areas is hereby approved.
Article 2
1. In accordance with Article 19 of Regulation (EC) No 1260/1999, the single programming document includes the following elements:
(a) the strategy and priorities for the joint action of the Community Structural Funds and the Member State; their specific quantified targets; the ex ante evaluation of the expected impact, including on the environmental situation, and the consistency of the priorities with the economic, social and regional policies and the employment strategy of United Kingdom.
The priorities are as follows:
- business and ideas,
- people and communities,
- strategic regional investment,
- technical assistance.
(b) a summary description of the measures planned to implement the priorities, including the information needed to check compliance with the State aid rules under Article 87 of the Treaty;
(c) the indicative financing plan specifying for each priority and each year the financial allocation envisaged for the contribution from the ERDF, the EIB and the other financial instruments and indicating separately the funding planned for the regions receiving transitional support and the total amounts of eligible public or equivalent expenditure and estimated private funding in the Member State. The total contribution from the ERDF planned for each year for the single programming document is consistent with the relevant financial perspectives;
(d) the provisions for implementing the single programming document including designation of the managing authority, a description of the arrangements for managing the single programming document and the use to be made of global grants, a description of the systems for monitoring and evaluation, including the role of the Monitoring Committee and the arrangements for the participation of the partners in that Committee,
(e) the ex ante verification of compliance with additionality and information on the transparency of financial flows,
(f) information on the resources required for preparing, monitoring and evaluating the assistance.
2. The indicative financing plan puts the total cost of the priorities selected for the joint action by the Community and the Member State at EUR 1907605000 for the whole period and the financial contribution from the Structural Funds at EUR 808330000.
The resulting requirement for national resources of EUR 899551000 from the public sector and EUR 199724000 from the private sector can be partly met by Community loans from the EIB and other lending instruments.
Article 3
1. The total assistance from the ERDF granted under the single programming document amounts to EUR 808330000. The procedure for granting the financial assistance, including the financial contribution from the Fund for the various priorities included in the single programming document, is set out in the financing plan annexed to this Decision.
2. During implementation of the financing plan, the total cost or Community financing of a given priority can be adjusted in agreement with the Member State by up to 25 % of the total Community contribution to the single programming document throughout the programme period or by up to EUR 30 million, whichever is the greater, without altering the total Community contribution referred to in paragraph 1.
Article 4
This Decision is without prejudice to the Commission's position on aid schemes falling within Article 87(1) of the Treaty that are included in this assistance and which have not yet been approved by the Commission. Submission of the application for assistance, the Programming Complement or a request for payment by the Member State does not replace the notification required by Article 88(3) of the Treaty.
Community financing of State aid falling within Article 87(1) of the Treaty, granted under aid schemes or in individual cases, requires prior approval by the Commission under Article 88 of the Treaty, except where the aid falls within the de minimis rule or is exempted under an exemption regulation adopted by the Commission under Council Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 87 and 88 to certain categories of horizontal aid(2). In the absence of such exemption or approval, aid is illegal and subject to the consequences set out in the procedural regulation for State aid, and its co-financing would be treated as an irregularity within the meaning of Articles 38 and 39 of Regulation (EC) No 1260/1999.
Consequently, the Commission will not accept requests for interim and final payments under Article 32 of the Regulation for measures being co-financed with new or altered aid, as defined in the procedural regulation for State aid, granted under aid schemes or in individual cases, until such aid has been notified to and formally approved by the Commission.
Article 5
The date from which expenditure shall be eligible is 1 January 2000. The closing date for the eligibility of expenditure shall be 31 December 2007 for transitional areas and 31 December 2008 for fully eligible areas. This date is extended to 30 April 2008 for expenditure incurred by bodies granting assistance under Article 9(l) of Regulation (EC) No 1260/1999 in transitional areas and to 30 April 2009 for such bodies in fully eligible areas.
Article 6
This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.
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COMMISSION DECISION of 4 October 1993 defining the distinction between 'other taxes linked to production' and 'intermediate consumption' for the purpose of the implementation of Article 1 of Council Directive 89/130/EEC, Euratom on the harmonization of the compilation of gross national product at market prices
(93/570/EEC, Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Treaty establishing the European Atomic Energy Community,
Having regard to Council Directive 89/130/EEC, Euratom of 13 February 1989 on the harmonization of the compilation of gross national product at market prices (1), and in particular Article 1 thereof,
Whereas for the purpose of the definition of gross national product at market prices (GNPmp) pursuant to Article 1 of Directive 89/130/EEC, Euratom it is necessary to clarify the distinction between payments of other taxes linked to production and the purchase of services into intermediate consumption as used for the purpose of the European System of Integrated Economic Accounts;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 6 of Directive 89/130/EEC, Euratom,
HAS ADOPTED THIS DECISION:
Article 1
For the purpose of the implementation of Article 1 of Directive 89/130/EEC, Euratom, the provisions concerning the distinction between other taxes linked to production and the purchase of services into intermediate consumption shall be as defined in the Annex hereto.
Article 2
This Decision is addressed to the Member States.
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Council Decision
of 22 December 2000
on the rules applicable to national experts on detachment to the General Secretariat of the Council in the context of an exchange system for officials of the General Secretariat of the Council of the European Union and officials of national administrations or of international organisations
(2001/41/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,
Whereas:
(1) The conclusions of the Helsinki European Council in December 1999 encourage the implementation within the General Secretariat of the Council of the possibility of exchanges with national administrations.
(2) It has been decided to introduce arrangements for the exchange of officials to ensure closer collaboration between the Council and national administrations or international organisations, by means of the detachment of officials of the General Secretariat to such administrations or organisations and by the detachment to the General Secretariat of national or international officials, thus allowing a reciprocal transfer of knowledge to be carried out.
(3) The specific nature and volume of the work to be done justifies the detachment of several national experts and practitioners, to the General Secretariat of the Council for a limited period,
HAS DECIDED AS FOLLOWS:
CHAPTER I
GENERAL PROVISIONS
Article 1
Definition
1. These rules are applicable to national experts on detachment to the General Secretariat of the Council, hereinafter referred to as the "General Secretariat", in the context of the arrangements for exchanges of officials of the General Secretariat with national administrations or international organisations.
2. The persons covered by these rules shall remain in paid employment in an international or national administration throughout the period of detachment.
3. Except where the Secretary-General/High Representative grants a derogation, national experts on detachment shall be nationals of a Member State of the European Union. However, such a derogation shall be excluded in the field of the European common security and defence policy.
Article 2
Period of detachment
1. The period of detachment of national experts on detachment shall depend on the tasks assigned to them. The total period of detachment, including any renewal, may not exceed four years. They shall serve on a full-time basis throughout the period of detachment.
2. The probable period of detachment shall be fixed at the outset in the Exchange of Letters referred to in Article 18(2) between the Secretary-General/High Representative and the Permanent Representative, or the employer in the case of an international organisation.
3. No national expert may be detached to the General Secretariat more than once.
Article 3
Duties
1. National experts on detachment shall assist General Secretariat officials and carry out the tasks entrusted to them in a predetermined work programme or job description.
2. The duties carried out shall be defined by mutual agreement between the General Secretariat and the home administration in the interest of the departments and taking into account the candidate's qualifications.
3. Unless special instructions to the contrary are given, under the authority of the Secretary-General/High Representative, by the Director-General of the Directorate-General to which they are assigned, national experts on detachment shall not enter into any commitment on the General Secretariat's behalf with third parties.
4. National experts on detachment may work in any field where their services are deemed necessary provided there is no conflict with the interests of the European Union.
Article 4
Level, professional experience and knowledge of languages
1. To qualify for detachment to the General Secretariat a national expert must have at least three years' experience of advisory or supervisory duties in a grade equivalent to Categories A or B at the General Secretariat.
2. A national expert on detachment must have a thorough knowledge of one of the languages of the European Union and a satisfactory knowledge of another of these languages to the extent necessary for him to carry out the tasks entrusted to him.
3. The Exchange of Letters referred to in Article 18(2) must stipulate the level of any security clearance of national experts on detachment.
4. National experts on detachment must have a good knowledge of the use of information technology.
Article 5
Social security
1. Before the period of detachment begins, the administration from which the official is to be detached shall certify to the General Secretariat that he will remain subject throughout the period of detachment to the social security legislation applicable to that administration which will assume responsibility for expenses incurred abroad.
2. From the day he takes up duty a national expert on detachment shall be personally insured against the risk of accidents on the same terms as General Secretariat employees not covered by the Staff Regulations.
3. A national expert on detachment who cannot be covered by a public sickness insurance scheme can apply to have this risk insured by the General Secretariat subject to his contributing half the relevant insurance premium. In such a case, his contribution shall be deducted monthly from the subsistence allowance referred to in Article 12.
Article 6
Breaks in or termination of periods of detachment
1. The General Secretariat may authorise breaks in periods of detachment and specify the terms applicable. The allowances referred to in Articles 12 and 13 shall not be payable during such breaks. The allowances referred to in Articles 14 and 15 shall be paid only if the break is at the General Secretariat's request.
2. Periods of detachment may be terminated if the interests of the General Secretariat or the expert's employer so require or for any other sufficient cause.
CHAPTER II
RIGHTS AND OBLIGATIONS OF A NATIONAL EXPERT ON DETACHMENT
Article 7
1. A national expert on detachment shall carry out his duties and conduct himself solely with the interests of the Council in mind.
2. A national expert on detachment shall abstain from any action, and in particular any public expression of opinion, which may reflect on his position.
3. A national expert on detachment who, in the performance of his duties, is called on to decide on a matter in the handling or outcome of which he has a personal interest such as to impair his independence shall inform the head of the department to which he is assigned.
4. A national expert on detachment shall exercise the greatest discretion with regard to all facts and information coming to his knowledge in the course of or in connection with the performance of his duties; he shall not in any form whatsoever disclose to any unauthorised person any document or information not already made public. He shall continue to be bound by this obligation after his period of detachment has terminated.
5. A national expert on detachment shall not, whether alone or together with others, publish or cause to be published any matter dealing with the work of the European Union without obtaining permission in accordance with the conditions and rules in force at the General Secretariat.
6. A national expert on detachment shall be subject to the security rules in force at the General Secretariat.
7. All rights in any work done by a national expert on detachment in the performance of his duties shall be the property of the General Secretariat.
8. A national expert on detachment shall reside at his place of employment or at no greater distance therefrom than is compatible with the proper performance of his duties.
9. A national expert on detachment shall assist and tender advice to the superiors at the General Secretariat; he shall be responsible to them for performance of the tasks entrusted to him.
CHAPTER III
WORKING CONDITIONS OF THE NATIONAL EXPERT ON DETACHMENT
Article 8
Hours of work
1. A national expert on detachment shall be bound by the rules on hours of work in force at the General Secretariat.
2. However, a national expert on detachment shall not be authorised to work half-time.
Article 9
Leave and holidays
A national expert on detachment shall be subject to the rules on annual leave, special leave and holidays in force at the General Secretariat.
Article 10
Management and control
Management and control of leave and working time shall be the responsibility of the administration of the General Secretariat.
CHAPTER IV
EMOLUMENTS
A. Remuneration
Article 11
Declaration of salary paid by the expert's employer
1. The Office of the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation, shall notify the General Secretariat of the gross annual salary paid to each national expert on detachment.
2. This information shall appear in the Exchange of Letters between the Secretary-General/High Representative and the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation.
B. Allowances
Article 12
Subsistence allowance
1. A national expert on detachment shall be entitled, throughout the period of detachment, to a daily subsistence allowance of EUR 104,03. This allowance shall be paid monthly. However, the Exchange of Letters referred to in Article 18(2) may stipulate that this allowance shall not be paid.
2. The allowance shall also be payable for periods of mission, annual leave, special leave and holidays granted by the General Secretariat.
3. The allowance shall be reduced by 75 % if the place of recruitment is less than 50 km from the place of employment.
4. An advance payment shall be made to a national expert on detachment, when he takes up his duties, corresponding to the allowances to which he is entitled under paragraph 1 for the period from the day on which he takes up his duties to the last day of the second month following that in which he takes up his duties.
Where such payment is made, there shall be no further entitlement to allowances for the corresponding period.
Where a national expert on detachment definitively ends his employment with the General Secretariat before expiry of the period taken into account for the calculation of the advance payment, that portion of the advance payment made to the expert which corresponds to the period not spent in the General Secretariat's employment shall be recoverable.
5. The subsistence payment to the national expert on detachment may be revised taking into account consumer price trends in Brussels.
Article 13
Additional flat-rate allowance
Except where the place of recruitment of the national expert on detachment is less than 50 km from his place of employment, he shall, where appropriate, receive an additional flat-rate allowance equal to the difference between the gross annual salary (less family allowances) paid by his employer plus the subsistence allowance paid by the General Secretariat and the basic salary payable to an official in step 1 of Grade A 8 or step 1 of Grade B 5, depending on the category to which he is deemed to correspond.
C. Reimbursement of expenses
Article 14
Travel expenses
1. If a national expert on detachment has not removed his personal effects from his place of recruitment to his place of employment, he shall be entitled for himself each month to the cost of a return journey from his place of employment to his place of recruitment. This payment shall be made at the end of each month or on the last day worked if the whole month is not worked. This flat-rate payment shall be based on the cost of the first-class rail fare where the single journey does not exceed 500 km. Where the journey exceeds 500 km or involves a sea crossing, payment shall be based on the reduced-price economy-class air fare (the lowest fare offered by the national companies serving the place of recruitment and the place of employment).
2. The rate applied shall be that in force at the General Secretariat's travel office on 1 January of the current year. This rate shall be reviewed on 1 July in respect of journeys where the price has increased by more than 5 % since 1 January. Where a whole month is not worked, the amount shall be calculated in proportion to the number of days worked.
3. If a national expert on detachment removes his personal effects from his place of recruitment to his place of employment, he shall be entitled each year for himself, his spouse and his dependent children to a flat-rate payment equal to the cost of a return journey from his place of employment to his place of recruitment in accordance with the rules and conditions in force at the General Secretariat.
4. In accordance with the rules and conditions in force at the General Secretariat, a national expert on detachment shall be entitled to reimbursement of travel expenses:
(a) for himself:
- from his place of recruitment to his place of employment at the beginning of the period of detachment,
- from his place of employment to his place of recruitment at the end of the period of detachment;
(b) for his spouse and dependent children:
- from the place of recruitment to the place of employment when removal takes place,
- from the place of employment to the place of recruitment at the end of the period of detachment.
5. For the purpose of this Decision, the place of recruitment shall be the place where the national expert on detachment performed his duties with his original employer prior to his detachment. The place of employment shall be the place in which the department to which he is assigned is located. The Exchange of Letters referred to in Article 18(2) shall specify these places.
6. The Exchange of Letters referred to in Article 18(2) may specify that travel expenses shall not be borne by the General Secretariat.
Article 15
Removal expenses
1. A national expert on detachment who is obliged to move his residence to his place of employment may remove his personal effects no later than six months after taking up duty provided that the probable period of detachment is at least one year and that the place of recruitment is at least 50 km from the place of employment.
2. A national expert on detachment shall be entitled to reimbursement of the costs of removing his personal effects in accordance with the rules and conditions in force at the General Secretariat.
3. Removal must take place within three months of the end of the period of detachment.
4. The Exchange of Letters referred to in Article 18(2) may specify that removal expenses shall not be borne by the General Secretariat.
Article 16
Missions and mission expenses
1. A national expert on detachment may be sent on mission in accordance with Article 3.
2. Mission expenses shall be reimbursed in accordance with the rules and conditions relating to the reimbursement of mission expenses for officials in force at the General Secretariat.
Article 17
Adjustment of emoluments
1. The emoluments to which a national expert on detachment is entitled shall not be revised during the period of detachment.
2. However, the additional flat-rate allowance referred to in Article 13 shall be adjusted once a year, without retroactive effect, to take account of changes in the basic salaries of Community officials.
CHAPTER V
ADMINISTRATIVE AND BUDGETARY PROVISIONS
Article 18
Budgetary allocations and contracts
1. Expenditure arising from the detachment of national experts shall be charged to budget heading 1113 of the Council budget.
2. Detachment shall be implemented by an Exchange of Letters between the Secretary-General/High Representative and the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation. The Exchange of Letters shall indicate the names of the individuals authorised to lay down the practical detailed arrangements for detachment under this Decision. Any letter extending, breaking or terminating the period of detachment shall also be sent by the Secretary-General/High Representative. A national expert on detachment shall present himself to the appropriate department of the Directorate-General for Administration and Protocol on the first day of his detachment to complete the relevant administrative formalities. He shall take up duty on the first of the month.
Article 19
Settlement of expenditure
Payments shall be made by the appropriate department of the Directorate-General for Administration and Protocol, in euro into a bank account opened at a banking institution in Belgium.
Article 20
Expenditure on infrastructure
Expenditure on the provision of working facilities (offices, furniture, machines, etc.) for national experts on detachment shall be charged to administrative appropriations.
Article 21
This Decision shall take effect on the day of its adoption.
Article 22
This Decision shall be published in the Official Journal.
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COMMISSION REGULATION (EEC) No 1768/91 of 21 June 1991 amending Regulation (EEC) No 2921/90 on aid for the production of casein and caseinates from skimmed-milk
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1630/91 (2), and in particular Article 11 (3) thereof,
Whereas Commission Regulation (EEC) No 756/70 of 24 April 1970 on granting aid for skimmed-milk processed into casein and caseinates (3) was repealed by Regulation (EEC) No 2921/90 (4); whereas, at the time of its repeal, certain special measures were adopted to facilitate the release of the guarantees lodged pursuant to Article 4 (1) of Regulation (EEC) No 756/70; whereas it has been shown that, with regard to quantities reaching their destination by 14 October 1990, the said measures do not produce the intended result through no fault of the operators concerned; whereas, therefore, it is necessary to adopt new measures to permit those concerned to obtain the release of the guarantees by presenting supporting documents other than those now required;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION: Article 1
Regulation (EEC) No 2921/90 is hereby amended as follows:
1. In Article 6:
(a) the second sentence of the second paragraph is deleted;
(b) the following third, fourth and fifth paragraphs are added:
'Where the destinations referred to in the second paragraph have been reached by 14 October 1990, those concerned shall obtain release of the guarantees by submitting to the competent authority an application accompanied by the following supporting documents which must show the exact quantities of casein and caseinates involved and give the relevant production batch numbers:
- for exports: proof that the casein or caseinates concerned have left the customs territory of the Community,
- for deliveries to an establishment bound by the undertaking referred to in Article 4 (5) of Regulation (EEC) No 756/70: copy of the shipping document and/or delivery note and a copy of the invoice.
The competent authority shall only accept the application referred to in the third paragraph on condition that it includes a commitment by the person concerned to pay to the competent authority a sum equal to the securities released if it is discovered, during any control that the public authorities may carry out during the 12 months following the date of signature of the commitment, that the caseins or caseinates concerned had a destination other than that indicated in the supporting documents submitted in accordance with the third paragraph.
To facilitate administration of the release of guarantees, Member States shall, where required, assist in identifying the establishments bound by the commitment referred to in Article 4 (5) of Regulation (EEC) No 756/70 located on their territory.'
2. In Article 7, the second paragraph is replaced by the following:
'It shall apply to casein and caseinates produced from 15 October 1990, subject to the provisions of Article 6.' Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
Article 1
(1) (b) shall apply to casein and caseinates produced before 15 October 1990. This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 746/2002
of 30 April 2002
fixing the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in sugar(1), as amended by Commission Regulation (EC) No 680/2002(2), and in particular Article 27(5)(a) and (15),
Whereas:
(1) Article 27(1) and (2) of Regulation (EEC) No 1260/2001 provides that the differences between the prices in international trade for the products listed in Article 1(1)(a), (c), (d), (f), (g) and (h) of that Regulation and prices within the Community may be covered by an export refund where these products are exported in the form of goods listed in the Annex to that Regulation. Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common implementing rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty and the criteria for fixing the amount of such refunds(3), as last amended by Regulation (EC) No 595/2002(4), specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form of goods listed in Annex I to Regulation (EC) No 1260/2001.
(2) In accordance with Article 4(1) of Regulation (EC) No 1520/2000, the rate of the refund per 100 kilograms for each of the basic products in question must be fixed for each month.
(3) Article 27(3) of Regulation (EC) No 1260/2001 and Article 11 of the Agreement on Agriculture concluded under the Uruguay Round lay down that the export refund for a product contained in a good may not exceed the refund applicable to that product when exported without further processing.
(4) The refunds fixed under this Regulation may be fixed in advance as the market situation over the next few months cannot be established at the moment.
(5) The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met.
(6) It is necessary to ensure continuity of strict management taking account of expenditure forecasts and funds available in the budget.
(7) 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 rates of the refunds applicable to the basic products appearing in Annex A to Regulation (EC) No 1520/2000 and listed in Article 1(1) and (2) of Regulation (EC) No 1260/2001, exported in the form of goods listed in Annex V to Regulation (EC) No 1260/2001, are fixed as shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 1 May 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 April 2002. | [
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COMMISSION DECISION
of 13 July 2005
amending Decision 96/609/EC laying down special conditions governing the import of fishery and aquaculture products originating in the Ivory Coast, as regards the competent authority and the model of health certificate
(notified under document number C(2005) 2584)
(Text with EEA relevance)
(2005/514/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (1), and in particular Article 11 (1) thereof,
Whereas:
(1)
In Commission Decision 96/609/EC (2), the ‘Ministère de l’agriculture et des ressources animales - Direction générale des ressources animales (MARA-DGRA)’ is identified as the competent authority in the Ivory Coast for verifying and certifying compliance of fishery and aquaculture products with Directive 91/493/EEC.
(2)
Following a restructuring of the Ivorian administration, the competent authority has changed to the ‘Ministère de la production animale et des ressources halieutiques - Direction des services vétérinaires et de la qualité (MIPARH-DSVQ)’.
(3)
That new authority is capable of effectively verifying the application of the rules in force.
(4)
The MIPARH-DSVQ has provided official assurances on compliance with the standards for health controls and monitoring of fishery and aquaculture products as set out in Directive 91/493/EEC and on the fulfilment of hygienic requirements equivalent to those laid down in that Directive.
(5)
Decision 96/609/EC should therefore be amended accordingly.
(6)
It is appropriate for this Decision to be applied 45 days from the date of its publication in the Official Journal of the European Union thereby providing for the necessary transitional period.
(7)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Decision 96/609/EC is amended as follows:
1.
Article 1 is replaced by the following:
‘Article 1
The “Ministère de la production animale et des ressources halieutiques - Direction des services vétérinaires et de la qualité (MIPARH-DSVQ)” shall be the competent authority in the Ivory Coast for verifying and certifying compliance of fishery and aquaculture products with the requirements of Directive 91/493/EEC.’
2.
Article 2 is replaced by the following:
‘Article 2
Fishery and aquaculture products imported from the Ivory Coast must meet the following conditions:
1.
each consignment must be accompanied by a numbered original health certificate, duly completed, signed dated and comprising a single sheet in accordance with the model in Annex A hereto;
2.
the products must come from approved establishments, factory vessels, cold store or registered freezer vessels listed in Annex B hereto;
3.
except in the case of frozen fishery products in bulk and intended for the manufacture of preserved foods, all packages must bear the words “THE IVORY COAST” and the approval/registration number of the establishment, factory vessel, cold store or freezer vessel of origin in indelible letters.’
3.
Article 3(2) is replaced by the following:
‘2. Certificates must bear the name, capacity and signature of the representative of the MIPARH-DSVQ and the latter’s official stamp in a colour different from that of other endorsements.’
4.
Annex A is replaced by the text in the Annex to this Decision.
Article 2
This Decision shall apply from 2 September 2005.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 13 July 2005. | [
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COMMISSION REGULATION (EC) No 815/2005
of 27 May 2005
fixing the minimum selling price for skimmed-milk powder for the 83rd individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2799/1999
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,
Whereas:
(1)
Pursuant to Article 26 of Commission Regulation (EC) No 2799/1999 of 17 December 1999 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of skimmed-milk powder held by them.
(2)
According to Article 30 of the said Regulation, in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award. The amount of the processing security shall also be fixed taking account of the difference between the market price of skimmed-milk powder and the minimum selling price.
(3)
In the light of the tenders received, the minimum selling price should be fixed at the level specified below and the processing security determined accordingly.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
For the 83rd individual invitation to tender pursuant to Regulation (EC) No 2799/1999, in respect of which the time limit for the submission of tenders expired on 24 May 2005, the minimum selling price and the processing security are fixed as follows:
-
minimum selling price:
195,24 EUR/100 kg,
-
processing security:
35,00 EUR/100 kg.
Article 2
This Regulation shall enter into force on 28 May 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 2005. | [
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COUNCIL DECISION of 19 July 1993 appointing three members of the Economic and Social Committee
(93/410/Euratom, EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 193 to 195 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,
Having regard to the Convention on certain institutions common to the European Communities, and in particular Article 5 thereof,
Having regard to the Council Decision of 24 September 1990 appointing the members of the Economic and Social Committee for the period ending on 20 September 1994 (1),
Whereas three seats have become vacant on the Economic and Social Committee following the resignations of Mr Ulbo Tukker and Mr Gerrit C. van Dam, notified to the Council on 9 December 1992, and that of Mr Willy Wagenmans, notified to the Council on 5 February 1993;
Having regard to the nominations submitted by the Netherlands Government on 30 April 1993,
Having obtained the opinion of the Commission of the European Communities,
HAS DECIDED AS FOLLOWS:
Sole Article
Mr D. H. Kielman, Dr G.C.P. Linssen and Ms H.C.H. van den Berg are hereby appointed members of the Economic and Social Committee in place of Mr Ulbo Tukker, Mr Gerrit C. van Dam and Mr Willy Wagenmans for the remainder of the latter's terms of office, which run until 20 September 1994.
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COMMISSION REGULATION (EC) No 950/2004
of 6 May 2004
amending for the 33rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freezing of funds and other financial resources in respect of the Taliban of Afghanistan (1), as last amended by Regulation (EC) No 667/2004 (2), and in particular the first indent of Article 7(1), thereof,
Whereas:
(1)
Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.
(2)
On 3 May 2004, the Sanctions Committee of the United Nations Security Council decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly.
(3)
In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 881/2002 is hereby amended in accordance with 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 Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 May 2004. | [
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COUNCIL DECISION of 27 November 1995 concerning the conclusion of an Agreement between the European Community and Canada establishing a cooperation programme in higher education and training (95/523/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 126 and 127 in conjunction with Article 228 (2) first sentence and (3) first subparagraph thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament, (1),
Whereas by its Decision of 21 November 1994 the Council authorized the Commission to negotiate agreements for cooperation in higher education and vocational training between the European Community, Canada and the United States of America;
Whereas the Community and Canada expect to obtain mutual benefit from such operation, which must, on the Community's side, be complementary to bilateral programmes between the Member States and Canada and provide a European added value;
Whereas the Agreement between the European Community and Canada establishing a cooperation programme in higher education and training should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement between the European Community and Canada establishing a cooperation programme in higher education and training is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
Article 2
The financial reference amount to fulfil the Community's financial obligations mentioned in Article 7 of the Agreement shall be ECU 3,24 million for the five-year period provided for in Article 11 (2) thereof.
The annual appropriations shall be authorized by the budget authority within the limit of the financial perspective.
Article 3
The delegation of the European Community to the Joint Committee referred to in Article 5 of the Agreement shall consist of a representative from the Commission assisted by a representative from each Member State.
Article 4
The President of the Council is hereby authorized to designate the person or persons empowered to sign the Agreement on behalf of the Council of the European Union and to carry out the notifications provided for in Article 11 of the Agreement.
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COMMISSION REGULATION (EC) No 996/2006
of 29 June 2006
amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
(1)
In order to stabilise the markets and to ensure a fair standard of living for the agricultural community within the sugar sector, a fundamental review of the common organisation of the market in the sugar sector took place.
(2)
In the light of these developments Council Regulation (EC) No 1260/2001 (2) on the common organisation of the markets in the sugar sector, was repealed and replaced by Council Regulation (EC) No 318/2006 (3).
(3)
Regulation (EC) No 318/2006 makes it necessary to revise additional note 2 to Chapter 17 of the Combined Nomenclature set out in Annex I to Regulation (EEC) No 2658/87.
(4)
Regulation (EEC) No 2658/87 should be amended accordingly.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EEC) No 2658/87 shall be amended as set out in the Annex.
Article 2
This Regulation shall enter into force on 1 July 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 560/2007
of 23 May 2007
amending Regulation (EC) No 883/2001 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 63(8) thereof,
Whereas:
(1)
Pursuant to Article 63(1) of Regulation (EC) No 1493/1999, to the extent necessary to enable the products listed in Article 1(2)(a) and (b) of that Regulation to be exported on the basis of the prices for those products on the world market and within the limits of the Agreements concluded in accordance with Article 300 of the Treaty, the difference between those prices and the prices in the Community may be covered by an export refund.
(2)
Export refunds may be set to cover the competitive gap between Community and third country's exports. Community exports to certain close destinations and to third countries granting Community products a preferential import treatment are currently in a particular favourable competitive position. Therefore, refunds for exports to those destinations should be abolished.
(3)
Commission Regulation (EC) No 883/2001 (2) should therefore be amended accordingly.
(4)
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
Annex IV to Regulation (EC) No 883/2001 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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION DECISION of 16 December 1994 on the approval of the Single Programming Document for Community structural assistance in Gibraltar concerned by Objective 2 in the United Kingdom (Only the English text is authentic) (94/1033/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (1), as amended by Regulation (EEC) No 2082/93 (2), and in particular Article 10 (1) last subparagraph thereof,
After consultation of the Advisory Committee on the Development and Conversion of Regions and the Committee pursuant to Article 124 of the Treaty,
Whereas the programming procedure for structural assistance under Objective 2 is defined in Article 9 (8) to (10) of Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (3), as amended by Regulation (EEC) No 2081/93 (4); whereas, however, the last subparagraph of Article 5 (2) of Regulation (EEC) No 4253/88 foresees that in order to simplify and to speed up programming procedures, Member States may submit in a Single Programming Document the information required for the regional and social conversion plan referred to in Article 9 (8) of Regulation (EEC) No 2052/88 and the information required at Article 14 (2) of Regulation (EEC) No 4253/88; whereas Article 10 (1) last subparagraph of Regulation (EEC) No 4253/88 foresees that in that case the Commission adopts a single decision in a Single Document covering the points referred to in Article 8 (3) and the assistance from the Funds referred to in the last subparagraph of Article 14 (3);
Whereas the Commission has established, by Decision 94/169/EC (5), an initial list of declining industrial areas concerned by Objective 2 for the period 1994 to 1996;
Whereas the United Kingdom Government has submitted to the Commission on 18 April 1994 the Single Programming Document referred to in Article 5 (2) of Regulation (EEC) No 4253/88 for Gibraltar; whereas this document contains the elements referred to in Article 9 (8) of Regulation (EEC) No 2052/88 and in Article 14 (2) of Regulation (EEC) No 4253/88; whereas expenditure under this Single Programming Document is eligible pursuant to Article 33 (2) of Regulation (EEC) No 4253/88, from 1 January 1994;
Whereas the Single Programming Document submitted by this Member State includes a description of the conversion priorities selected and the applications for assistance from the European Regional Development Fund (ERDF) and the European Social Fund (ESF) as well as an indication of the planned use of the assistance available from the European Investment Bank (EIB) and the other financial instruments in implementing the Single Programming Document;
Whereas, in accordance with Article 3 of Regulation (EEC) No 4253/88, the Commission is charged with ensuring, within the framework of the partnership, coordination and consistency between assistance from the Funds and assistance provided by the EIB and the other financial instruments, including the ECSC and the other actions for structural purposes;
Whereas the EIB has been involved in the drawing up of the Single Programming Document in accordance with the provisions of Article 8 (1) of Regulation (EEC) No 4253/88, applicable by analogy in the establishment of the Single Programming Document; whereas it has declared itself prepared to contribute to the implementation of this document in conformity with its statutory provisions; whereas, however, it has not yet been possible to evaluate precisely the amounts of Community loans corresponding to the financial needs;
Whereas Article 2 second subparagraph of Commission Regulation (EEC) No 1866/90 of 2 July 1990 on arrangements for using the ecu for the purpose of the budgetary management of the Structural Funds (1), as last amended by Regulation (EC) No 2745/94 (2), stipulates that in the Commission Decisions approving a Single Programming Document, the Community assistance available for the entire period and the annual breakdown thereof shall be set out in ecus at prices for the year in which each Decision is taken and shall be subject to indexation; whereas this annual breakdown must be compatible with the progressive increase in the commitment appropriations shown in Annex II to Regulation (EEC) No 2052/88; whereas indexation is based on a single rate per year, corresponding to the rates applied annually to budget appropriations on the basis of the mechanism for the technical adjustment of the financial perspectives;
Whereas Article 1 of Council Regulation (EEC) No 4254/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Regional Development Fund (3), as amended by Regulation (EEC) No 2083/93 (4), defines the measures for which the ERDF may provide financial support;
Whereas Article 1 of Council Regulation (EEC) No 4255/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Social Fund (5), as amended by Regulation (EEC) No 2084/93 (6), defines the measures for which the ESF may provide financial support;
Whereas the Single Programming Document has been established in agreement with the Member State concerned through the partnership defined in Article 4 of Regulation (EEC) No 2052/88;
Whereas the Single Programming Document satisfies the conditions and includes the information required by Article 14 of Regulation (EEC) No 4253/88;
Whereas the present assistance satisfies the conditions laid down in Article 13 of Regulation (EEC) No 4253/88, and so should be implemented by means of an integrated approach involving finance from more than one Fund;
Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (7), as last amended by Regulation (ECSC, EC, Euratom) No 2730/94 (8), states that the legal commitments entered into for measures extending over more than one financial year must contain a time limit for implementation which must be specified to the recipient in due form when the aid is granted;
Whereas Article 20 (3) of Regulation (EEC) No 4253/88 provides, subject to available funding, for a single commitment where the Community assistance granted is less than ECU 40 million for the whole programmation period;
Whereas all the other conditions laid down for the grant of aid from the ERDF and the ESF have been complied with,
HAS ADOPTED THIS DECISION:
Article 1
The Single Programming Document for Community structural assistance in Gibraltar concerned by Objective 2 in the United Kingdom, covering the period 1 January 1994 to 31 December 1996, is hereby approved.
Article 2
The Single Programming Document includes the following essential elements:
(a) a statement of the main priorities for joint action, their specific quantified objectives, an appraisal of their expected impact and their consistency with economic, social and regional policies in the United Kingdom;
the principal conversion priority is to maximize the potential for generating wealth and employment in Gibraltar through sustainable economic diversification, particularly towards the tourism sector;
(b) the assistance from the Structural Funds as referred to in Article 4;
(c) the detailed provisions for implementing the Single Programming Document comprising:
- the procedures for monitoring and evaluation,
- the financial implementation provisions,
- the rules for compliance with Community policies;
(d) the procedures for verifying additionality and an initial evaluation of the latter;
(e) the arrangements for associating the environmental authorities with the implementation of the Single Programming Document;
(f) the means available for technical assistance necessary for the preparation, implementation or adaptation of the measures concerned.
Article 3
For the purpose of indexation, the annual breakdown of the global maximal allocation foreseen for the assistance from the Structural Funds is as follows:
TABLE
Article 4
The assistance from the Structural Funds granted to the Single Programming Document amounts to a maximum of ECU 5,0 million.
The procedure for granting the financial assistance, including the financial contribution from the Funds to the various priorities and measures, is set out in the financing plan and the detailed implementing provisions which form an integral part of the Single Programming Document.
The national financial contribution envisaged, which is approximately ECU 6,3 million for the public sector and ECU 0,2 million for the private sector, may be met in part by Community loans, in particular from the ECSC and EIB.
Article 5
1. The breakdown among the Structural Funds of the total Community assistance available is as follows:
- ERDF:ECU 4,1 million,
- ESF:ECU 0,9 million.
2. The budgetary commitments at the moment of approval of the Single Programming Document refer to the total Community assistance.
Article 6
The breakdown among the Structural Funds and the procedure for the grant of the assistance may be altered subsequently, subject to the availability of funds and the budgetary rules, in the light of adjustments decided according to the procedure laid down in Article 25 (5) of Regulation (EEC) No 4253/88.
Article 7
The Community aid concerns expenditure on operations under the Single Programming Document which, in the Member State concerned, are the subject of legally binding commitments and for which the requisite finance has been specifically allocated no later than 31 December 1996. The final date for taking account of expenditure on these measures is 31 December 1998.
Article 8
The Single Programming Document shall be implemented in accordance with Community law, and in particular Articles 6, 30, 48, 52 and 59 of the EC Treaty and the Community Directives on the coordination of procedures for the award of contracts.
Article 9
This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.
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*****
COMMISSION DECISION
of 30 January 1987
amending Decision 86/269/EEC concerning the establishments in Canada for which Member States may authorize the importation of fresh meat
(87/134/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 86/469/EEC (2), and in particular Article 4 (1) thereof,
Whereas establishments in third countries cannot be authorized to export fresh meat to the Community unless they satisfy the general and special conditions laid down in Directive 72/462/EEC;
Whereas Canada has forwarded, in accordance with Article 4 (3) of Directive 72/462/EEC, a list of establishments authorized to export to the Community;
Whereas following Community on-the-spot visits and by Commission Decision 86/269/EEC (3), the Member States were authorized to continue to import fresh meat from certain Canadian establishments until 31 January 1987;
Whereas this transitional period was intended to enable these establishments to be re-examined on the basis of additional information regarding their hygiene standards and their ability to adapt quickly to the Community rules;
Whereas this re-examination has been carried out;
Whereas, however, the Council has since amended the standards applicable, which amendments are to enter into force on 30 April 1987;
Whereas, therefore, the current transitional arrangements should be extended to a date corresponding to that of the entry into force of the amended Community rules;
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 date of '31 January 1987' in Article 1 of Decision 86/269/EEC is hereby replaced by '29 April 1987'.
Article 2
This Decision is addressed to the Member States.
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COMMISSION DECISION of 18 September 1981 on a proposal by the Netherlands Government to grant aid for the creation of new production capacity by an undertaking in the chemical industry (magnesium oxide) (Only the Dutch text is authentic) (81/797/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular the first subparagraph of Article 93 (2) thereof,
Having given notice in accordance with the above Article to interested parties to submit their comments and having regard to these comments,
Whereas:
I
Article 6 of the Netherlands Law of 29 June 1978 (Wet Investeringsrekening - WIR) (1) on the promotion and guidance of investment introduced an "additional premium for major schemes" for the benefit of projects where investment exceeds Fl 30 million. The amount of the premium depends on the number of jobs created and may account for up to 4 % of the investment in question.
When examining the Netherlands Law at the draft stage, in the course of the procedure under Article 93 (3) of the EEC Treaty, the Commission pointed out that since the "additional premium for major schemes" involved no sectoral or regional objectives it therefore constituted a general aid system, and that since the arrangements applied to all investment, without distinction by reference to given undertakings, regions or sectors, they could not qualify for the derogations under Article 92 (3) (a) or (c). In the absence of such specification, the Commission could not assess the system's effects on trade between Member States and on competition and therefore assess its compatibility with the common market.
In respect of such general aid systems it is now the well-established policy of the Commission to accept them subject to one of two conditions, namely, that the Member State concerned notifies the Commission either of a plan for regional or sectoral application or alternatively, where this is felt not to be possible, of significant individual cases of application.
In line with this approach, and in accordance with Article 93 (3) of the EEC Treaty, the Commission requested prior notification in good time of individual cases of application of the "additional premium for major schemes", account being taken of the amount of investment concerned.
During discussions with the Netherlands authorities the Commission stated that it would assess each case on its own merits in the light of the rules contained in Article 92 et seq., or rules developed during administration of those provisions. The Netherlands (1) Staatsblad 1978, No 368. Government could not infer that, by requesting regular prior notification, the Commission had taken a favourable view of the additional premium system.
The Netherlands Government complied with the Commission's request by including the prior notification of procedure in Articles 6 (7) and 7 (3) of Chapter V of the Netherlands Law of 29 June 1978.
II
By letter dated 17 April 1980, the Netherlands Government informed the Commission, as required by the procedure, of its intention to grant the additional premium available for major schemes for the establishment, in Veendam in the province of Groningen, of a rock salt plant producing annually 850 000 tonnes of brine for use in the commercially integrated production of magnesium oxide. The two operations involved would be carried out by two joint subsidiaries set up by a Dutch petrochemicals group and a regional public holding company.
The total cost of the investment is estimated at Fl 85 million ; 18 new jobs would be created. The project would receive a grant of Fl 0 7285 million in the form of an additional premium for major schemes under the WIR system, and Fl 7 73 million under the IPR regional aid system.
A substantial proportion of the magnesium oxide, all of which is produced from the salt extracted at Veendam, is intended for export to the other Member States.
III
The Netherlands Government replied to the Commission's request observations on 8 January 1981, thereby failing to comply with the deadline set by the Commission, which had asked for observations to be submitted by 30 June 1980. The Commission had extended this deadline to 15 August 1980 at the request of the Dutch Government.
IV
The aid proposed by the Netherlands Government is therefore liable to affect trade between Member States and to distort or threaten to distort competition within the meaning of Article 92 (1) of the EEC Treaty by favouring the undertaking in question or the production of its goods.
The assistance planned by the Netherlands Government is for a rock-salt plant producing 850 000 tonnes of brine a year, all of which would be used for the production of magnesium oxide. The two operations would be carried out by two joint subsidiaries set up by the same undertakings. A substantial proportion of the output of this commercially integrated process would be exported to the markets of other Member States.
Article 92 (1) of the EEC Treaty provides that, in principle, any aid fulfilling the criteria which it sets out is incompatible with the common market. The derogations from this principle set out in Article 92 (3) of the EEC Treaty specify objectives pursued in the Community interest and not in that of the individual recipient of the aid. These derogations must be strictly interpreted in the examination both of any regional or sectoral aid scheme and of any individual case of application of general aid systems. In particular, they may be applied only where the Commission establish that, in the absence of the aid, the free play of market forces would not of itself induce the recipient undertakings to act in such a manner as to contribute to the attainment of one of the objectives specified by those derogations.
To derogate in this way in favour of aids offering no compensatory benefit would be tantamount to allowing trade between Member States to be affected and competition to be distorted without any justification in terms of the interest of the Community, while at the same time granting undue advantages to certain Member States.
When applying the principles set out above in its examination of individual cases of application of general aid systems, the Commission must be satisfied that there exists on the part of the recipient undertaking a specific compensatory justification in that the grant of aid is required to promote the attainment of one of the objectives set out in Article 92 (3) of the Treaty. Where this cannot be demonstrated, and especially where the proposed investment nevertheless takes place, it is clear that the aid does not contribute to the attainment of the objectives of the derogations but serves to increase the financial power of the undertaking in question.
The Commission is required to apply these principles both consistently and fairly in order to verify that a compensatory justification exists in each case of application of a general aid system. That this test was not applied in the past, even in a very similar case, is not sufficient reason to discard it ; this is particularly so in the present case, where no such compensatory justification exists on the part of the recipient undertaking.
The Netherlands Government has not been able to give, nor has the Commission found, any grounds to establish that the proposed aid meets the conditions justifying one of the derogations for which provision is made in Article 92 (3) of the EEC Treaty.
As regards the derogations of Article 92 (3) (a) and (c) of the EEC Treaty concerning aid to promote or to facilitate the development of certain areas it cannot be considered that the Groningen area suffers from an "abnormally low" standard of living or from "serious underemployment" within the meaning of subparagraph (a). As regards the derogation of subparagraph (c), the Netherlands Government has already taken account of the contribution which the investment concerned is expected to make to improving the socio-economic balance of the area by granting assistance under the Netherlands regional aid scheme (Investeringspremieregeling - IPR). The Netherlands Government, in its comments submitted to the Commission, itself emphasized that the "additional premium for major schemes" was not granted on account of regional considerations.
In respect of the derogations envisaged in Article 92 (3) (b) of the EEC Treaty, investment of this type is brought about in a general way by normal market forces. Moreover, there is nothing peculiar to the investment in question to qualify it as a project of common European interest or as one designed to remedy a serious disturbance in the economy of a Member State, the promotion of which merits a derogation under Article 92 (3) (b) of the EEC Treaty from the principle of the incompatibility of aids laid down by Article 92 (1).
Even if it were established that there was a need to increase capacity for the production of magnesium oxide for the manufacture of blast furnace refractory bricks, the effect of the project here considered appears too indirect to have any appreciable impact on the restructuring of the steel industry in the Community.
In stating its views on the WIR, the Commission recalled that the Netherlands are part of the Community's central regions. These regions are not suffering from the most serious economic and social problems in the Community but they are the regions where there is a real risk of an upward spiral of aids, and where any aid is likely, more than elsewhere, to affect trade between Member States. Furthermore, the information available on the socio-economic situation in that country does not point to the conclusion that it is suffering from a serious disturbance in its economy within the meaning of the Treaty. In individual cases of application the "additional premium for major projects" is not granted for the purpose of dealing with such a situation.
To take any other view would enable the Netherlands, in the present climate of slow growth and high unemployment throughout the Community, to divert to their advantage investment which might be made in other, less well-placed Member States. Recent social and economic trends in the Community justify maintaining this approach as regards both the scheme itself and possible cases of application.
Lastly, the derogation provided for by Article 92 (3) (c) of the EEC Treaty relates to "aid to facilitate the development of certain economic activities"; analysis of the production of magnesium oxide from rock salt, and particularly the forecasts submitted for demand for these products, shows that the interplay of market forces alone, without public intervention, should produce normal development in the industry. The fact that a substantial proportion of the output of magnesium oxide produced from rock salt is intended for export to the other Member States, although it has not been shown that there is scope for an increase in production capacity, prevents the conclusion that the assistance would not adversely affect trading conditions to an extent contrary to the common interest.
In view of the foregoing, the abovementioned aid proposed by the Netherlands Government does not fulfil the conditions necessary for it to benefit from any of the derogations referred to in Article 92 (3) of the EEC Treaty,
HAS ADOPTED THIS DECISION:
Article 1
The Kingdom of the Netherlands shall refrain from implementing its proposal, notified to the Commission by letter dated 17 April 1980 from its Minister for Foreign Affairs, to grant the "additional premium for major schemes" in favour of investment made at Veendam by a Netherlands undertaking in the chemical industry.
Article 2
The Kingdom of the Netherlands shall inform the Commission within two months of the date of notification of this Decision of the measures which it has taken to comply with it.
Article 3
This Decision is addressed to the Kingdom of the Netherlands.
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COMMISSION REGULATION (EC) No 952/2007
of 9 August 2007
cancelling a registration of a name in the Register of protected designations of origin and protected geographical indications (Newcastle Brown Ale (PGI))
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in Article 12(1) thereof,
Whereas:
(1)
Under Article 12(2) and pursuant to Article 17(2) of Regulation (EC) No 510/2006, the application of United Kingdom to cancel the registration of the name Newcastle Brown Ale was published in the Official Journal of the European Union (2).
(2)
As no objections within the meaning of Article 7 of Regulation (EC) No 510/2006 were received by the Commission, the registration of this name should be cancelled.
(3)
In the light of these elements, this name should therefore be struck from the ‘Register of protected designations of origin and protected geographical indications’.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Protected Geographical Indications and Protected Designations of Origin,
HAS ADOPTED THIS REGULATION:
Article 1
The registration of the name contained in the Annex to this Regulation shall be cancelled.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 August 2007. | [
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COUNCIL REGULATION (EC) No 2382/96
of 9 December 1996
repealing Regulations (EEC) No 990/93 and (EC) No 2471/94 and concerning the termination of restrictions on economic and financial relations with the Federal Republic of Yugoslavia (Serbia and Montenegro), the United Nations Protected Areas in the Republic of Croatia and those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 73g and 228a thereof,
Having regard to Common Position No 96/708/CFSP of 9 December 1996 defined by the Council on the basis of Article J.2 of the Treaty on European Union concerning the termination of restrictions on economic and financial relations with the Federal Republic of Yugoslavia (Serbia and Montenegro), the United Nations Protected Areas in the Republic of Croatia and those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces (1) decided on by the United Nations Security Council in its Resolution 1074 (1996),
Having regard to the proposal from the Commission,
Whereas the Security Council of the United Nations has decided in its Resolution 1074 (1996) to terminate the measures imposed by its Resolutions 757 (1992), 787 (1992), 820 (1993), 942 (1994), 943 (1994), 988 (1995), 992 (1995), 1003 (1995) and 1015 (1995) in accordance with paragraph 4 of Resolution 1022 (1995);
Whereas, in the circumstances, Regulations (EEC) No 990/93 (2) and (EC) No 2471/94 (3) should be repealed,
HAS ADOPTED THIS REGULATION:
Article 1
Regulations (EEC) No 990/93 and (EC) No 2471/94 are hereby repealed.
Article 2
All assets and funds previously impounded or frozen pursuant to Regulations (EEC) No 990/93 and (EC) No 2471/94 may be released by Member States in accordance with the law, provided that any such assets that are subject to any claims, liens, judgments or incumbrances, or which are the assets of any person, partnership, corporation or other entity found or deemed to be insolvent under the law or the accounting principles prevailing in the relevant Member State, shall remain frozen or impounded until released in accordance with the applicable law.
Article 3
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 2 October 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EC) No 1853/96 of 24 September 1996 amending Regulation (EC) No 3088/95 laying down, for 1996, certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Poland
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (1), and in particular Article 8 (4) thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with Article 124 of the 1994 Act of Accession, fisheries agreements concluded by the Kingdom of Sweden with third countries are managed by the Community;
Whereas Regulation (EC) No 3088/95 (2) allocates, for 1996, certain catch quotas to vessels flying the flag of Poland in Community waters;
Whereas, in accordance with the procedure provided for in Article III of the Agreement on Fisheries of 1 February 1978 between the Kingdom of Sweden and the Republic of Poland, the Community has held further consultations concerning the reciprocal fishing rights for 1996; whereas these consultations have resulted in the allocation of 130 tonnes of cod to Poland;
Whereas the specific conditions under which such catches must be taken should be laid down,
HAS ADOPTED THIS REGULATION:
Article 1
In Annex I to Regulation (EC) No 3088/95, the table relating to Polish catch quotas for 1996 in the fishing zone of Sweden is hereby replaced by the table set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 676/2005
of 29 April 2005
fixing the corrective amount applicable to the refund on cereals
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 15(2) thereof,
Whereas:
(1)
Article 14(2) of Regulation (EC) No 1784/2003 provides that the export refund applicable to cereals on the day on which an application for an export licence is made must be applied on request to exports to be effected during the period of validity of the export licence. In this case, a corrective amount may be applied to the refund.
(2)
Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the cereals and the measures to be taken in the event of disturbance on the market for cereals (2), allows for the fixing of a corrective amount for the products listed in Article 1(1)(c) of Regulation (EEC) No 1766/92 (3). That corrective amount must be calculated taking account of the factors referred to in Article 1 of Regulation (EC) No 1501/95.
(3)
The world market situation or the specific requirements of certain markets may make it necessary to vary the corrective amount according to destination.
(4)
The corrective amount must be fixed at the same time as the refund and according to the same procedure; it may be altered in the period between fixings.
(5)
It follows from applying the provisions set out above that the corrective amount must be as set out in the Annex hereto.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The corrective amount referred to in Article 1(1)(a), (b) and (c) of Regulation (EC) No 1784/2003 which is applicable to export refunds fixed in advance except for malt shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 1 May 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 319/2003
of 19 February 2003
fixing the import duties in the rice sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Commission Regulation (EC) No 411/2002(2),
Having regard to Commission Regulation (EC) No 1503/96 of 29 July 1996 laying down detailed rules for the application of Council Regulation (EC) No 3072/95 as regards import duties in the rice sector(3), as last amended by Regulation (EC) No 1298/2002(4), and in particular Article 4(1) thereof,
Whereas:
(1) Article 11 of Regulation (EC) No 3072/95 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by a certain percentage according to whether it is husked or milled rice, minus the cif import price provided that duty does not exceed the rate of the Common Customs Tariff duties.
(2) Pursuant to Article 12(3) of Regulation (EC) No 3072/95, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market or on the Community import market for the product.
(3) Regulation (EC) No 1503/96 lays down detailed rules for the application of Regulation (EC) No 3072/95 as regards import duties in the rice sector.
(4) The import duties are applicable until new duties are fixed and enter into force. They also remain in force in cases where no quotation is available from the source referred to in Article 5 of Regulation (EC) No 1503/96 during the two weeks preceding the next periodical fixing.
(5) In order to allow the import duty system to function normally, the market rates recorded during a reference period should be used for calculating the duties.
(6) Application of Regulation (EC) No 1503/96 results in import duties being fixed as set out in the Annexes to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The import duties in the rice sector referred to in Article 11(1) and (2) of Regulation (EC) No 3072/95 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II.
Article 2
This Regulation shall enter into force on 20 February 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 February 2003. | [
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